Nuclear damage - civil liability

International Nuclear Information System (INIS)

Simoes, A.C.

1980-01-01

An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

Nuclear third party liability in Germany

International Nuclear Information System (INIS)

Raetzke, Christian

2016-01-01

The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

Liability for on-site nuclear property damage

International Nuclear Information System (INIS)

Neems, H.J.

2000-01-01

Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

Limited and unlimited liability in the German Atomic Energy Law

International Nuclear Information System (INIS)

Pelzer, N.

1982-01-01

The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

Third party nuclear liability regime in the Romanian legislation - current status

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

The regime of civil liability for nuclear damages in the Romanian legislation is defined by Law no. 703/2001 on civil liability for nuclear damages, as well as Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper aims at presenting to the audience the main elements of the relatively recent legal framework, namely: the scope of Law no. 703/2001, as well as the subjects to whom such law applies, the regime of civil liability for nuclear damages in Romania (with special emphasis on the relevant responsibilities of nuclear operators), the Romanian nuclear damages compensation system, statute of limitation for claims, types of insurance and financial guarantees covering against civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage.(author)

The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

International Nuclear Information System (INIS)

Pelzer, Norbert

2011-01-01

1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

Nuclear Law

International Nuclear Information System (INIS)

Wiesbauer, Bruno

1978-01-01

This book is the first attempt of a comprehensive compilation of national Austrian Nuclear Law (Nuclear Liability Act; Radiation protection Act, Radiation Protection Ordinance, Security Control Act, Act on the uses of Nuclear Energy - Zwentendorf Nuclear Power Plant) and the most important international agreements to which Austria is a party. Furthermore, the book contains the most important Nuclear Liability Conventions to which Austria is not yet a party, but which are applicable in neighbouring; the Paris Convention served as a model for the national Nuclear Liability Act and may be used for its interpretation. The author has translated a number of international instruments into German, such as the Expose des Motifs of the Paris Convention. (NEA) [fr

Report on state liability for radioactive materials transportation incidents: A survey of laws

International Nuclear Information System (INIS)

1989-10-01

The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

New Trends in European Nuclear Liability Law

International Nuclear Information System (INIS)

Getz, H.; Steinkemper, M.H.

1981-10-01

This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

Improvement of nuclear third party liability system

International Nuclear Information System (INIS)

Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

2001-01-01

A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

The 1968 Brussels convention and liability for nuclear damage

International Nuclear Information System (INIS)

Sands, Ph.; Galizzi, P.

2000-01-01

The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

Nuclear liability act and nuclear insurance

International Nuclear Information System (INIS)

Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

1976-01-01

The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

Liability for international nuclear transport: an overview

International Nuclear Information System (INIS)

Brown, O.F.; Horbach, N.

2000-01-01

Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

International Nuclear Information System (INIS)

Reyners, P.

1992-01-01

The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

Development of international law concerning nuclear liability

International Nuclear Information System (INIS)

Ifflaender, G.; Kantner, G.

1979-01-01

A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Liability in nuclear establishments

International Nuclear Information System (INIS)

Bockli, H.R.

1980-01-01

The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

The United States nuclear liability regime under the Price-Anderson Act

International Nuclear Information System (INIS)

Brown, O. F.

2011-01-01

The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

Nuclear Law

International Nuclear Information System (INIS)

Pascal, Maurice.

1979-01-01

This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

Civil liability for nuclear damage law

International Nuclear Information System (INIS)

1974-01-01

This Law has as its main objective to regulate civic responsability on damages or injuries that may be brought about by the usage of nuclear reactors and the use of nuclear substances or fuels and their consecuent wastes. The text of this law is consituted by 5 chapters that deal with the following subjects: CHAPTER ONE.- Objective and Definitions. CHAPTER TWO.-On Civic Responsability on Nuclear Damages or Injuries. CHAPTER THREE.- On the Limits of Responsability. CHAPTER FOUR.- On Prescription. CHAPTER FIVE.- General Regulations Concepts such as the following are defined concretely and precisely: Nuclear Accident, Nuclear Damage or Injury, Atomic Energy, Operator of a Nuclear Facility, Nuclear Facility, Radioactive Product or Waste Material, Nuclear Reactor, Nuclear Substances Remittance and Hazardous Nuclear Substance

Aspects of nuclear penal liability

International Nuclear Information System (INIS)

Faria, N.M. de; Cruz, A.S.C. da

1986-01-01

Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

Liability for the nuclear risk

International Nuclear Information System (INIS)

Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

1993-01-01

Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

Nuclear energy law after Chernobyl

International Nuclear Information System (INIS)

Cameron, P.; Harcher, L.

1988-01-01

This work examines the legal issues surrounding the possibility of accidents at nuclear installations in Europe. Contents include: Regulations and control by international organizations in the context of a nuclear accident; The role of Euratom; Border installations: the interaction of administrative, European community and public international law; and Border installations: the experience of Wackersdorf. Concepts of nuclear liability and the liability of suppliers to nuclear power plants are discussed

On the development of liability laid down in the Atomic Energy Law

International Nuclear Information System (INIS)

Kuckuck, B.

1981-01-01

It is explained that the use of nuclear energy has to be accompanied by a modern and adequate law relating to damages. a) Unlimited liability and financial security. Arguments against the limitation of liability in terms of sums are the following: protection of the population, the high safety degree of German nuclear installations, the polluter-pays principle co-responsibility of the state and thus the social order in the Federal Republic of Germany in general. b) Adequate settlement of claims for damages. The optimum principle laid down in the Atom Energy Law ought to cover subsequent appropriate measures for compensation. The unavoidable, negative effects following nuclear incidents ought to be kept endurable by taking risk-specific and adequate measures. Arguments against such a normalization of liability and financial security are considered to be relative as far as they have become known. (orig./HP) [de

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

International Nuclear Information System (INIS)

2006-01-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Civil liability - aspects of the law n0 6.453 of 1977

International Nuclear Information System (INIS)

Rocha, L.M.G. da

1980-01-01

The nuclear damage liability in the Brazilian legal scope is discussed. The law n 0 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed. (A.L.) [pt

Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

International Nuclear Information System (INIS)

Hohlefelder, W.

1984-01-01

The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

Third national inventory of nuclear liabilities - main findings, lessons learned

International Nuclear Information System (INIS)

Cantarella, Jacques; Roger, Brigitte

2013-01-01

The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

Nuclear Reactors and Their Legal Liability Insurance

International Nuclear Information System (INIS)

Ekener, H.

1999-09-01

This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

Nuclear Law Bulletin No. 93, Volume 2014/1

International Nuclear Information System (INIS)

2014-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include: 'Progress towards a global nuclear liability regime'; 'The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective'; 'Fusion energy and nuclear liability considerations'; and 'Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks'

Reconsideration of the principle of the nuclear operator's limitation of liability

International Nuclear Information System (INIS)

Hohlefelder, W.

1985-01-01

The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

Nuclear law and law of the sea - a synthesis

International Nuclear Information System (INIS)

Courteix, S.

1976-01-01

The general idea behind the work of the Paris Colloqium on Nuclear Law and Law of the Sea was that of an agreement and sometimes opposition between two specificities, that of the law of the maritime and, in particular, ocean environment, and that of the law of nuclear techniques. These relationships were studied notably in the perspective of the problems of transport of nuclear materials and their liability insurance, as well as from the viewpoint of the operation of nuclear powered ships. Another problem studied in this context is that of radioactive marine pollution. (N.E.A.) [fr

Topical problems of nuclear law viewed internationally

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The International Nuclear Law Association, on its 3rd Congress Nuclear Inter Jura from October 2-5, 1977 in Italy, dealt with a number of topical problems of nuclear law, in particular aspects concerning agreements in connection with the construction of nuclear facilities, the influence of nuclear energy on the environment and the public acceptance, third party liability, and nuclear insurance, radiation protection law and international judicial problems. (orig.) [de

The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

International Nuclear Information System (INIS)

Kolehmainen, H.

2000-01-01

carefully studied. The exclusive liability of the operator thereby protects the interests of channelling the liability to a person who is in the best position to control a nuclear risk. A reform which would abolish the exclusive liability for the operator represents a step backwards from the point of view of the victims access to compensation. The Paris Convention, the Vienna Convention and the Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention are the basis of nuclear civil laws adopted by the countries in western Europe and more recently in central and eastern Europe. Over the last few years, the IAEA and the OECD/NEA have been working to further strengthen the international nuclear liability regime. That work has resulted in a Protocol to Amend the Vienna Convention and the Convention on Supplementary Compensation for Nuclear Damage adopted in September 1997. These two instruments should substantially enhance the global framework for compensation well beyond that foreseen by existing conventions. The exclusive liability of the nuclear operator is an essential part of the international nuclear liability regime. Without this, the current effort of strengthening the regime cannot be developed for the benefit of victims of a possible nuclear accident. (author)

Nuclear Liability and Insurance Protection for Nuclear Transport Accidents Involving Non-Contracting EU States: An assessment

International Nuclear Information System (INIS)

Horbach, N. L. J. T.

2006-01-01

This paper provides an analysis of the possible complications and consequences with respect to nuclear liability and insurance protection applicable in respect of transport activities resulting in damage suffered and/or accidents occurring in EU States that are not party to the Paris Convention. It looks at the different legal aspects (jurisdiction, applicable law, liability amounts, reciprocity) should the revised Vienna and Paris Convention become applicable in comparison with the unrevised Conventions. Within Europe, a large number of States are party to the 1960 Paris Convention and the 1963 Brussels Supplementary Convention, providing liability and insurance protection, in general, up to a limit of 300 million SDRs (or even higher). In principle, such protection is confined to nuclear incidents occurring and nuclear damage suffered in the territory of Contracting Parties, including, as recommended, the high seas, unless the legislation of the Installation State determines otherwise (Article 2). The geographical scope of application of the Paris Convention would thus vary according to the law of the Installation State. However, some EU States never became party to the Paris Convention, and are not bound by its the liability principles (notably, channelling of liability), such as Austria, Luxembourg and Ireland. Transport accidents involving these countries might therefore result in liability claims outside the treaty liability regime against operators, suppliers, carriers or persons involved and for types of damages different from those currently covered by the Paris Convention (e.g., environmental damage). It is uncertain to what extent liability insurance of the installation operators would provide adequate protection and whether related damage claims can be enforceable. In addition, a number of newly entered EU States are party to the Vienna Convention, which, although bound by liability principles basically similar to those of the Paris Convention, will

The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

Directory of Open Access Journals (Sweden)

Alexandru POPA

2010-02-01

Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

Liability of suppliers to nuclear power plants in Western Europe

International Nuclear Information System (INIS)

Kuhn, W.

1988-01-01

The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA) [fr

Nuclear liability insurance: the Price-Anderson reparations system and the claims experience of the nuclear industry

International Nuclear Information System (INIS)

Marrone, J.

1983-01-01

The manner in which the Price-Anderson Law operates to provide reparations is reviewed, and the changes made in the law by Congress in 1975 are outlined. Nuclear liability insurers' response to the Three Mile Island accident is described, including emergency assistance funds advanced to qualified evacuees and the claims and litigations that followed. Other nuclear liability claims that have been asserted are described as being brought chiefly by onsite workers. Good health physics protection of workers is acknowledged, but the need to improve record keeping for transient workers is stressed. The nuclear industry is urged to implement a more effective record-keeping program for such workers

Nuclear law in progress

International Nuclear Information System (INIS)

Manóvil, Rafael Mariano

2014-01-01

The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Since 1996, Russia has been actively working to develop a draft federal act to cover liability for nuclear damage. A bill was first introduced in the State Duma of the Federal Assembly of the Russian Federation on 16 July 1996, and was originally called 'The Compensation for Nuclear Damage and Nuclear Insurance'. In 1997, the official representative of the Government of the Russian Federation, Head of Russian Federal Inspectorate for Nuclear and Radiation Safety, Yuri Vishnevsky, was appointed to present this bill for discussion in the chambers of the Federal Assembly of the Russian Federation. In September 1998, the State Duma rejected the draft federal act and instead adopted in the first reading a different draft federal act: No. 96700118-2, 'The Civil Liability for Nuclear Damage and its Financial Security' ('the bill'). In this case, the State Duma Committee on Ecology was charged with incorporating the incoming amendments into a final bill and submitting it to the State Duma for a second reading. In 2005, Russia ratified the Vienna Convention on Civil Liability for Nuclear Damage. This ratification required significant amendments to 'The Civil Liability for Nuclear Damage and its Financial Security' bill. But, even though the Russian Federation had not yet ratified the Vienna Convention, the drafters were still careful to take into account the

Nuclear Law Bulletin No. 94, Volume 2014/2

International Nuclear Information System (INIS)

2014-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides subscribers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Facilitating the entry into force and implementation of the Amendment to the Convention on the Physical Protection of Nuclear Material: Observations, challenges and benefits'; 'The legal status of nuclear power in Germany'; 'Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime'; 'Draft Federal Act of the Russian Federation, 'The Civil Liability for Nuclear Damage and its Financial Security''. (authors)

Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

International Nuclear Information System (INIS)

1983-01-01

This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

Third party liability in the field of nuclear law an irish perspective

International Nuclear Information System (INIS)

O'Higgins, P.; McGrath, P.

2002-01-01

This paper will first set out in summary form the main provisions of the Paris Convention, the instrument under which issues of third party liability between the majority of NEA member states affected by any such incident would be resolved, and will then set out some of the perceived advantages and disadvantages which would result from an application of the provisions of the Convention to a non-nuclear state such as Ireland. This paper will then consider how Irish victims of a nuclear incident might re.cover compensation for loss and damage caused by such an incident. For reasons set out below, it is the view of the authors that Irish victims of such an incident could first bring their claim in Ireland or in France, that it is likely that Irish law would apply to any such claim and that any judgement, including any interlocutory judgement in such proceedings, could be enforced in the courts of any other European Union state, including France. (authors)

Managing UK nuclear liabilities

International Nuclear Information System (INIS)

Sadnicki, Mike; MacKerron, Gordon.

1997-01-01

This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

South African nuclear liability laws - recent changes and challenges for insurers

International Nuclear Information System (INIS)

Da Silva, C.

2004-01-01

In the past South African Regulators did not stipulate the levels of insurance required by nuclear operators but required only that they carry adequate security. Over the last few years the South African legislators have given serious consideration to the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy, but decided against being signatories to such conventions. Instead, the conventions were used as a guideline as to specific requirements for local operators. Regulations have been drafted setting out specific limits of cover dependant on the type of licence held by local operators. Due to the fact that local liabilities will arise in local currencies the required limits of Insurance were converted from equivalent foreign amounts into Rands. Due to some extreme currency fluctuations this has resulted in the setting of very high Rand limits, placing both the operators and insurers in an uncertain and very difficult position with regards to accumulation adequate capacity. This paper aims at explaining the revisions that are being considered which if implemented will address insurers and operators concerns regarding available capacity the impossibility of compliance with current limits.(author)

Nuclear Liability Legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

1998-01-01

This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

1988 changes to United States law regarding nuclear third party liability

International Nuclear Information System (INIS)

Cunningham, G.H.

1989-09-01

The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

Harmonization of the Romanian legislation in the field of civil liability for nuclear damages with the international legislation in the field

International Nuclear Information System (INIS)

Chiripus, Vlad

2005-01-01

The paper is an overview of the Romanian legal provisions in the filed of civil liability for nuclear damages in the last three decades introducing the concept and the evolution of its legal regime towards a total harmonization with the European legislation. Its modernity even from (and in spite of) its communist beginnings in 1947 (Law no. 61 regarding the deployment of nuclear activities in the Romanian Socialist Republic) is emphasized. It focuses on the key laws - Law no. 703/2001 on civil liability for nuclear damages, and Government Decision no. 894/2003 for the approval of the Norms for enforcement of Law no. 703/2001- that currently define the Romanian regime for civil liability for nuclear damages. This encompasses the relevant responsibilities of nuclear operators, the Romanian nuclear damage compensation system, statute of limitation for claims, types of insurance and financial guarantees. These refer civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage. This makes Romania - in terms of legislation - one of the most advanced countries in the field. (author)

Nuclear Inter Jura '91: nuclear law and nuclear energy for the future

International Nuclear Information System (INIS)

1992-01-01

The 1991 congress of the International Nuclear Law Association took as its subject Nuclear Law and Nuclear Energy for the future. As well as individual reports, there were four sessions each covering the report of one or more working groups. The first session investigated licensing and decommissioning, while the second focussed on insurance and liability. The third session was devoted to nuclear supply and commerce at an international level. Finally radiological protection and nuclear waste management was discussed in the fourth session. (UK)

Intercontinental nuclear transport from the private international law perspective

International Nuclear Information System (INIS)

Magnus, U.

2000-01-01

The aim of this paper is to give a survey on choice of law rules which apply outside the nuclear liability conventions in case of damage caused by international nuclear transports. We found a remarkable variety of solutions. Some of the solutions make it difficult or even impossible to predict in advance which substantive law in a hypothetical case would apply. These difficulties are increased by the fact that more often than not, a victim can choose where to sue and thereby also influence the final outcome of a case. As far as private international law rules apply - and as mentioned the non-ratification of the nuclear liability conventions by many nuclear states forces us to fall back on the choice of law rules in many cases - the applicable law and the hypothetical level of compensation therefore often remain uncertain when judged at the time of organisation of the nuclear transport. However, at this time the question of undertaking risks and of insurability must be decided. (author)

Third Party Nuclear Liability: The Case of a Supplier in the United Kingdom

OpenAIRE

Thomas, A.; Heffron, R. J.

2012-01-01

The law surrounding third party nuclear liability is important to all parties in the nuclear supply chain whether they are providing decommissioning services, project management expertise or a new reactor. This paper examines third party nuclear liability, and in particular, in relation to a Supplier in the nuclear energy sector in the United Kingdom (UK). The term “Supplier” is used in this paper and, depending on the context, is intended to cover all parties in the supply chain providing se...

Managing nuclear liabilities

International Nuclear Information System (INIS)

Pooley, D.

1997-01-01

This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

Nuclear Law Bulletin : Index Nbs. 1 to 55

International Nuclear Information System (INIS)

Anon.

1995-01-01

In this book are given the laws concerning the following subjects : the field of application of the Nuclear Conventions, international conventions relating to radioactive marine pollution, international co-operation in the field of radioactive transfrontier pollution, compensation for nuclear damage in OECD Member Countries, spent fuel and radioactive waste management issues, the regulation of food irradiation, the accident at Chernobyl-economic damage and its compensation in Western Europe, development and harmonization of intervention levels in case of a nuclear accident, three negotiations concerning nuclear law, potential liability of contractors working on nuclear safety improvement projects in Central and Eastern Europe, overview of nuclear legislation in Central and Eastern Europe countries, problems raised by the application of the Nuclear Third Party Liability Conventions to radioactive waste repositories. (O.L.)

Nuclear liability legislation in Slovenia

International Nuclear Information System (INIS)

Skraban, A.

2000-01-01

This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

Nuclear law

International Nuclear Information System (INIS)

Bringuier, P.

2009-01-01

The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

The inadequate liability and compensation regime for damage caused by nuclear activities

International Nuclear Information System (INIS)

Dyke, Jon M. Van

2010-09-01

The specific obligation to provide restitution and compensation when nuclear activities cause injuries has been recognized repeatedly and is now certainly part of customary international law. But problems remain regarding how to measure damages, how to implement the duty to repair the injuries, and what specific obligations exist to protect neighboring states from transboundary pollution. Although some treaties exist governing liability for harm resulting from nuclear accidents, they are not adequate to protect victims and have not been widely ratified. The failure to require nuclear operators to prepare for damage that may result from accidents constitutes a subsidy to the nuclear industry and makes it difficult to compare the real costs of nuclear energy with the costs of other energy sources. This survey of settled norms and unresolved issues demonstrates that further work is needed to develop a comprehensive and authoritative regime to govern harm from nuclear activities. Although it is clear that both the operators of nuclear facilities and the states that have jurisdiction over them would be responsible to provide restitution and compensation for such harm under a strict liability regime, the types of injuries that must be compensated and the range of damages that must be covered remain subjects of controversy. Although the underlying customary international law principles (the no-harm principle and the polluter-pays principle) are clear, the actual treaties that have been drafted are inadequate and they have not been widely ratified. Victims of damage from nuclear activities would have difficulty finding a neutral tribunal in which to bring their claims and would face procedural obstacles including caps on liabilities and inappropriately short statutes of limitations as well as difficulties regarding proof of damages. The failure to develop a proper regime that would ensure full restitution and compensation for harm resulting from nuclear facilities

Introduction to the French legislation dealing with nuclear financial liabilities

International Nuclear Information System (INIS)

Maocec, Ch.; Olivier, M.

2008-01-01

This paper aims at describing the new legal frame that has been set in France by law to face the issue of the financial liabilities of the nuclear industry, i.e. financing of the decommissioning and of the long term management of spent fuel and radioactive waste. An Act has been passed, dated 28 June 2006 (waste law), for a sustainable management of radioactive material and waste, which, in particular, implies new financial duties for nuclear operators. (authors)

Nature and finality of liability insurance support to nuclear operators

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

Through the looking glass: placing India's new civil liability regime for nuclear damage in context

International Nuclear Information System (INIS)

Gruendel, Robert J.; Kini, Els Reynaers

2012-01-01

Until India adopted the Civil Liability for Nuclear Damage Act, 2010 (Liability Act) and the Civil Liability for Nuclear Damage Rules, 2011 (Liability Rules or Rules), no specific legislation was in place to govern nuclear liability or to compensate victims for damages due to a nuclear incident in India. Before delving into a more legal-technical analysis of the Liability Act and Rules (Part B), it is worth first briefly touching upon India's general energy situation, which necessarily influences India's policies, laws and negotiating strategies while also driving the significant business opportunities in the nuclear energy sector (Part A). Taking a look at India's energy sector today also underscores the sheer size of India's plans to build new nuclear power plants, which stands in dramatic contrast to the goals of many other countries. In this article, we will address the relationship of the Liability Act with the Convention on Supplementary Compensation for Nuclear Damage (CSC) (Part C), while also touching upon the current status of an Indian nuclear insurance pool (Part D) and discussing some recent domestic developments, including the filing of public interest litigations and amendments to the Liability Rules (Part E), before presenting some concluding thoughts (Part F)

Specific defences to the liability of a nuclear operator for damages resulting from a nuclear incident

International Nuclear Information System (INIS)

Schwartz, J.A.; Cunningham, G.H.

1988-01-01

This paper reviews the cases in which the nuclear operator may be partly or totally exonerated from his liability for a nuclear accident (insurrection, civil war, exceptional natural disasters, intentional act of the victim, etc.) under the Paris and Vienna Conventions and national laws. The laws of the countries reviewed are the following: United States, Japan, Canada, United Kingdom, Brazil, Belgium, the Federal Republic of Germany, France (NEA) [fr

The amendment of the law on compensation for nuclear damage in Japan

International Nuclear Information System (INIS)

Tanikawa, H.

2000-01-01

The legal regime relating to the compensation for nuclear damage in Japan is governed by 'the Law on Compensation for Nuclear Damage' and the 'Law on indemnity Agreement for Compensation of Nuclear Damage'. The basic liability scheme on compensation for nuclear damage in the Compensation law is constituted on the basis of strict and unlimited liability, and such liability is channeled to a nuclear undertaker who is engaged on the operation of the reactor, etc.Furthermore, in order to operate a reactor a nuclear undertaker has to have provided financial security for compensation of nuclear damage by means of contracts, for liability insurance in respect of potential nuclear damage and an indemnity agreement for compensation of nuclear damage or the deposit. In addition to this financial security, in the event that nuclear damage occurs, and if necessary, the Government shall give to a nuclear undertaker such aid as required for him to compensate the nuclear damage. The financial security amount specified in the compensation Law has been increased to JPY (Japan yen) 60 billion. The necessity for special requirements in relation to financial security and/or the level of its amount in case of decommissioning of reactors, storage of nuclear spent fuel outside the power plant, radioisotopes other than nuclear fuel materials, or high level waste of nuclear fuel material, or the operation of experimental reactors for nuclear fusion, etc. shall be examined in the near future according to developments made in this field and the corresponding necessity for financial security for each case. (N.C.)

International Law governing the Safe and Peaceful Uses of Nuclear Energy

International Nuclear Information System (INIS)

Jankowitsch-Prevor, O.

2002-01-01

1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

Report by the Nuclear Liability Commission

International Nuclear Information System (INIS)

2003-01-01

The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

Nuclear law in progress; Derecho nuclear en evolución

Energy Technology Data Exchange (ETDEWEB)

Manóvil, Rafael Mariano [ed.

2014-07-01

The 21. AIDN / INLA Congress was organized by the International Nuclear Law Association, in Buenos Aires, between the October 20 and 23, 2014. In this event, were presented almost 50 papers about these subjects: radioactive sources, safety and licensing, radioactive waste management, radiation protection, nuclear transport, security and non-proliferation, nuclear liability and insurance, etc.

Effectiveness of Existing International Nuclear Liability Regime

Energy Technology Data Exchange (ETDEWEB)

Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

2015-10-15

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Effectiveness of Existing International Nuclear Liability Regime

International Nuclear Information System (INIS)

Al-Doais, Salwa; Kessel, Daivd

2015-01-01

The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

Nuclear Liability and Insurance for nuclear Damage in Switzerland

International Nuclear Information System (INIS)

Reitsma, S. M. S.

1998-01-01

With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

Conflict of law issues related to Switzerland's participation in the Paris Nuclear Third Party Liability Regime

International Nuclear Information System (INIS)

Waldner, Michael

2012-01-01

In spite of the active role Switzerland played during the negotiation process of the Paris Convention, it only recently ratified the Convention including all its amending Protocols. The whole Paris regime will become binding for Switzerland only upon entry into force of the Protocols of 2004. Concurrently, the Federal Council will put into force a revised Swiss Nuclear Liability Act and ratify the Joint Protocol. Being a party to the Paris regime and the Joint Protocol, Switzerland will be in treaty relationships with Paris states and with Vienna states which are party to the Joint Protocol. This paper assesses the legal protection of Swiss victims and the liability risks faced by Swiss operators and other potential defendants (such as suppliers and builders) under the new legal regime with a particular view to conflict of laws issues. For the purpose of this assessment the paper examines which courts will be competent to hear claims of Swiss victims and against Swiss defendants in different scenarios, which law these courts should apply, whether or not the principle of legal channelling will apply and what the applicable liability amounts are. The assessment shows an ambiguous picture: Swiss operators, suppliers and builders clearly benefit from a higher degree of legal certainty. While in the absence of treaty relationships Swiss operators could potentially be sued before any foreign court, there will now be only one court with jurisdiction over claims of victims of convention states; Swiss suppliers and builders for their part will be protected by the principle of legal channelling, which basically exempts them from any liability risk. Swiss victims will benefit from treaty-backed entitlement to compensation from foreign operators; also, the judgements rendered in their favour will be enforceable in the whole convention territory; however, the limitation of the operator's liability in many Paris and Vienna states, raises doubts about whether the available funds

Review of nuclear liability compensation systems applicable to reactors outside the United States

International Nuclear Information System (INIS)

McIntosh, C.

1985-01-01

The review, which summarizes the Paris Convention and the Brussels Supplementary Convention, as well as the laws of Canada, France, Federal Republic of Germany, Japan, Spain, Sweden, Switzerland, and the United Kingdom, notes that the Price-Anderson program has a number of common points with the laws of Western Europe. The points of similarly are the goal of ensuring simple and equitable compensation for victims without burdening the nuclear industry with an uneconomic load. Price-Anderson differs in the higher amounts fixed for nuclear operators' liability, although the limits are now closer together. The purpose of the comparisons is to help those concerned with US programs of third-party liability and indemnification with a broader perspective

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

Legislative Study on China’s Compensation for Nuclear Damage Liability

Directory of Open Access Journals (Sweden)

Jiu Liu

2018-06-01

Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

Future financial liabilities of nuclear activities

International Nuclear Information System (INIS)

1996-01-01

This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

Concepts of nuclear liability revisited: a post-Chernobyl assessment of the Paris and the Vienna Conventions

International Nuclear Information System (INIS)

Pelzer, Norbert

1988-01-01

The accident at Chernobyl caused evident damage to third parties. Nuclear third party liability law was applicable. It is thus timely to reassess the concept of the international civil nuclear liability regulations, with special reference to the accident and the proceedings which resulted from it. The first section deals with the basis of liability - the origin and development of the Paris and Vienna Conventions, various aspects of liability and international implementation of the Convention. The second part considers the limitations on the liability and the third part looks at recent developments and future prospects which include the draft of a joint protocol. (U.K.)

The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

International Nuclear Information System (INIS)

Courteix, S.

1992-01-01

The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

Nuclear liability, nuclear safety, and economic efficiency

International Nuclear Information System (INIS)

Wood, W.C.

1980-01-01

This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

1986 Agreement on third party liability in the nuclear field

International Nuclear Information System (INIS)

1986-01-01

This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

Energy Technology Data Exchange (ETDEWEB)

Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

1993-12-31

Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

The Goettingen nuclear law catalogue 1976. Pt. B: bibliography - sources

International Nuclear Information System (INIS)

Zieger, G.; Bauer, G.; Bischof, W.; Pelzer, N.

1976-01-01

In volume 26, the bibliography covering domestic and foreign publications on atomic energy law is continued. 2,930 publications are cited on: bibliographies, collections of texts, treatises, handbooks, commentaries, reference, books and dictionaries, concept of atomic energy law, organization, radiation protection and reactor safety, liability and insurance, licence and control, nuclear fuels, other radioactive substances and wastes, nuclear installations, nuclear ships, transport, investions and information, economic law, criminal law, mining law, research, training, documentation, environmental protection, and other special subjects. (orig./LN) [de

Nuclear Law Bulletin No. 97. Volume 2016/1

International Nuclear Information System (INIS)

Fischer, D.; Saric, J.; Touitou-Durand, F.; Mannully, Y.; Parle, M.; Adomaityte, U.; Majerus, P.; Adamczyk, K.; Nowacki, T.; Pavlovic, P.; Dovale Hernandez, I.; Ammon, B.; Popov, A.; Drillat, C.; Reynaers Kini, E.

2016-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Nuclear third party liability in Germany' and 'Towards nuclear disarmament: State of affairs in the international legal framework'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

Limiting the liability of the nuclear operator

International Nuclear Information System (INIS)

Reyners, P.

1986-01-01

This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

Fusion energy and nuclear liability considerations

International Nuclear Information System (INIS)

Fork, William E.; Peterson, Charles H.

2014-01-01

For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

Fundamental features and main problems of nuclear power and radiological safety law

International Nuclear Information System (INIS)

Moser, B.

1981-01-01

This report deals on a general basis with the legal spheres affected by the utilisation of nuclear energy and protection from ionising radiation. Following a historical survey of the development both in the field of national legisation in Austria and internationally, the five principal legal spheres are discussed in detail. These are administrative law, liability and insurance law, criminal law, constitutional law and international law. In the foreground of discussion is administrative law, which is mainly of a preventive nature. This also comprises radiological safety law. Next in importance is liability and insurance law, which, in contrast to the former, aims at compensation for damage. Criminal law is also intended to have a preventive effect. Finally, the author discusses the peaceful use of nuclear energy in relation to the constitutional law and the international law in force. (Auth.)

Reassessing the nuclear liability regime

International Nuclear Information System (INIS)

Havinh Phuong

1985-01-01

The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

Notes on third party liability for nuclear damage in connection with the construction of the first nuclear power plant in Brazil

International Nuclear Information System (INIS)

Simoes, A.C.

1975-01-01

Responsibilities for the construction and operation of the first nuclear power plant have been transferred from the National Nuclear Energy Commission to Electrobras, a public undertaking set up for this purpose. In view of such transfer of responsibilities and the implementation of further nuclear power projects, liability for nuclear damage has to be regulated in a way consistent with international conventions. A working group associating representatives of national authorities and public utilities was entrusted with the task of drafting rules for co-ordinating their respective activities in relation to the execution of the first nuclear power project; these rules were issued by Ministerial order in 1970. The working group also prepared a draft law on civil liability for nuclear damage, based on the Vienna Convention. This draft law has reached its final stage and, after promulgation, will enable Brazil to ratify the Vienna Convention. (author)

Liability for nuclear damage. An international perspective

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

Aspects of an amendment of the regime of third party liability and financial security under atomic energy law in the 1990s

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

The existing regime of third party liability and financial security applicable in the FRG basically is an up-to-date and risk-adequate system of compensation for nuclear damage. This is particularly true since unrestricted financial liability has been introduced. The legal provisions offer adequate protection of interests of possible victions of a nuclear accident without inflicting unreasonable hardship on liable persons. The expert opinion discusses the limits, purposes and subjects of a possible amendment of the nuclear liability law, referring to items such as: principles of liability, financial security, commitment of the Federal Government; the concept of definition of damage, time limit to claims. Points of main interest for a future improvement are stated to be the yet unsolved strict liability problem, the organizational scheme of settlement of claims, and an international nuclear liability regime, the so-called system of risk pooling. (orig./HSCH) [de

The nuclear law from the 20. to the 21. century

International Nuclear Information System (INIS)

1998-01-01

In the framework of its biennial sessions the International Nuclear Law Association held a meeting in Tours 14-19 September 1997 'Nuclear Inter Jura 97' on Nuclear Law: from the 20. to the 21. century. This book publishes all papers delivered by experts from more than 20 countries on the following subjects: licensing and decommissioning, radiological protection, international nuclear trace, radioisotopes, liability and cover, radioactive waste management. (author)

Some considerations regarding the reforms of nuclear liability legislation in the United States

International Nuclear Information System (INIS)

Welck, S. von

1980-01-01

In the United States, as in the Federal Republic of Germany and in Switzerland, some thought is presently being given to reforms of nuclear liability legislation. In each case it was either triggered or influenced by the Three Mile Island incident of March 28, 1979. Some of the current thinking in the United States has already been incorporated in a number of draft bills now before Congress for deliberation and decision. Other draft bills on reforms of U.S. nuclear liability law have been announced. It is certain that this reform of nuclear liability legislation in the United States will be carried out not only with determination and the political will to improve the present situation, but also with the required caution and prudence, and that it will keep Congress busy not only for this term, but also next year. (orig.) [de

12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

Topical questions of nuclear energy law from an international point of view

International Nuclear Information System (INIS)

Ziegler, E.

1984-01-01

Apart from the national legal problems, national regulations and developments were discussed with a view to their consequences on an international scale and compared with the regulations of other countries. Subjects: International cooperation, non-proliferation policy, national licensing procedures compared, problems of nuclear power acceptance, liabilities and commercial law in the nuclear fuel cycle, legal and financial problems in nuclear waste management and decommissioning, recent problems of nuclear liability. (orig./HP) [de

Reflections on nuclear law

International Nuclear Information System (INIS)

Carbone, F.

1977-01-01

Despite contradictory public attitudes to nuclear power, this source of energy is bound to be used all over the world because of exhaustible other energy sources and increasing energy needs. The role of nuclear law is analysed in this context. Innovative legislation in this field has kept in step with the constant evolution of nuclear technology and has fixed new criteria of liability, financial coverage and specific standards for users of nuclear power, and set administrative measures to be complied with. It has fixed a barrier of protection mechanisms, i.e. licences, exemptions, controls, to keep an acceptable balance between economic advantages and social needs. In Italy, apart from ratification of international nuclear conventions, an increasing number of laws and decrees are made touching the various aspects of nuclear energy, thus providing a detailed, expanding legal framework for nuclear activities. Finally, existing legislation should be still further refined as regards emergency plans and measures to ensure maximum protection in the event, however remote, of a major nuclear incident. (NEA) [fr

Looking at nuclear liability and insurance in Russia

International Nuclear Information System (INIS)

Schwartz, J.

1997-01-01

A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

Nuclear law and radiological accidents

International Nuclear Information System (INIS)

Frois, F.

1998-01-01

Nuclear activities in Brazil, and particularly the radiological accident of Goiania, are examined in the light of the environmental and nuclear laws of Brazil and the issue of responsibility. The absence of legislation covering radioactive wastes as well as the restrictions on Brazilian States to issue regulations covering nuclear activities are reviewed. The radiological accident and its consequences, including the protection and compensation of the victims, the responsibility of the shareholders of the Instituto Goiano de Radioterapia, operator of the radioactive source, the provisional storage and the final disposal at Abadia de Goias of the radioactive waste generated by the accident are reviewed. Finally, nuclear responsibility, the inapplicability of the Law 6453/77 which deals with nuclear damages, and the state liability regime are analysed in accordance with the principles of the Brazilian Federal Constitution. (author)

Organization and liability of British regulating authorities involved in nuclear safety and radiation protection

International Nuclear Information System (INIS)

Harbison, S.

1995-01-01

In Great Britain, nuclear safety juridic basis is made of two law: HSWA (1974) for hygiene and security in working environment, and NIA (1965) specific to nuclear sites. The HSWA law created an HSC (Hygiene and Security Commission) in charge of workers and public security. HSC executive organ is HSE, whose nuclear office is NSD. Nevertheless, the general philosophy remains the one of HSWA, which results in the liability of operators in nuclear matters, as well as for any other industrial matter. (D.L.). 1 fig., 1 map

Third Party Liability governing Dangerous and Nuclear Activities

International Nuclear Information System (INIS)

Di Martino, Vittorio.

1979-01-01

The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

Insurance Cover for Revised Nuclear Liability

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2008-01-01

The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

Nuclear liability amounts on the rise for nuclear installations

International Nuclear Information System (INIS)

Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

2015-01-01

The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

Liability for Unknown Risks: A Law and Economics Perspective

NARCIS (Netherlands)

M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

2017-01-01

textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

The need to bring the new global regime of civil nuclear liability to life

International Nuclear Information System (INIS)

McIntosh, St.

2000-01-01

The Chernobyl accident raised consciousness around the world about civil liability issues. People in Australia and elsewhere looked at the existing international nuclear liability regime and concluded that it was inadequate. The amount of compensation available under the regime was too low. The regime did not cover environmental damage. Australia decided to take an active role in the proceedings of the Standing Committee on Nuclear liability. Australia has a favourable judgment on the new Convention on Supplementary Compensation for nuclear damages. It provided for a dedicated fund for transboundary damage, the inclusion of environmental damage, the lion's share of the contributions to the international fund established under the Convention to be borne by nuclear power generating states, jurisdiction over actions concerning nuclear damage from a nuclear accident in a Party's territory or Exclusive Economic Zone to lie with the courts of that Party. It reproaches this Convention for compensable damage to be determined by the law of the competent court, and the necessity of emission of ionizing radiations for the Convention to take effect. (N.C.)

Strengthening Canada's nuclear liability regime

International Nuclear Information System (INIS)

McCauley, D.; Henault, J.

2014-01-01

On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

Progress towards a global nuclear liability regime

International Nuclear Information System (INIS)

2014-01-01

During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

Contractual liability: In European, comparative and Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2011-01-01

Full Text Available Contractual liability is an important topic of the ongoing reform of the effective Serbian Law on Obligations (2007-2009, which aims to harmonize the national legislation in this field with the laws of the European Union. In this paper the author analyzes the evolution of the traditional European civil codes (the German BGB, French Code civil, the Austrian ABGB the Swiss OR and the Hungarian Civil Code, with due attention to the doctrine and jurisprudence, taking into account the proposed reforms of the effective Serbian Law on Obligations concerning issues of contractual liability, such as the legal consequences of nonperformance, misperformance, default, etc. The author is of the opinion that the notion of the breach of contract doesn't cover all the cases in which contractual liability arises, although it embraces nonperformance, misperformance and default. The notion of contractual liability, namely, covers not only the cases of breach of contract, but the infringement of public policy, good morals and mandatory rules, which all lead to the nullity of the contract. In cases of voidable contracts (that is in case of defects of contractual will, such as mistake, deceit and duress it is questionable whether the scope of contractual liability should be extended to mistake, which is a case of nonconscious discrepancy between contractual will and its expression. It is undisputable that contractual liability arises in case of deceit and duress, to the burden of the party acting in bad faith. The rescission of contract entails a separate complex of legal issues, since it may be justified by the other party's breach of the contract. It can also be onesided, two-sided or by a mutual agreement. Furthermore, specific rules apply to rescission of contract due to changed circumstances. In case of termination of a contract by mutual agreement, the parties usually agree on the extent of liability, that is on the extent of indemnification. Contractual

The Study for the Establishment of the Korea Nuclear Liability System complying with International Standards

International Nuclear Information System (INIS)

Lee, D. S.; Chung, W. S.; Yun, S. W.; Kim, H. J.; Lee, J. H.

2011-06-01

This study is for making system of the fast and adequate compensation to the victim in the nuclear accident of domestic and foreign country. As a method to come true the purpose we reviewed Convention on Supplementary Compensation for Nuclear Damage (hereinafter 'CSC') and designed enabling laws for joining the CSC. Moreover international workshop regarding the CSC was hold as a main assignment of this study for sharing knowledge and information with neighboring countries. Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 shall be analyzed in this study. Legal approach to the CSC and designing enabling laws for joining the CSC were enclosed to this study. As a result of the international workshop this study shows how U.S. (CSC member country) deals with CSC and mandatory obligation of donating the public funds. Finally Convention relating to Civil Liability in the Field of Maritime Carriage on Nuclear Material, 1971 is analyzed legally

Should nuclear liability limits be removed. Yes

International Nuclear Information System (INIS)

Haas, L.

1985-01-01

Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

Particular aspects and limits of absolute nuclear liability

International Nuclear Information System (INIS)

Engelhard, M.; Brunengo, C.

1981-10-01

Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

Unlimited - nuclear liabilities in the Federal Republic of Germany

International Nuclear Information System (INIS)

Arendt, W.

1986-01-01

Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

Mandatory Corporate Social and Environmental Responsibilities in the New Indonesian Limited Liability Law

Directory of Open Access Journals (Sweden)

Yu Un Oppusunggu

2011-01-01

Full Text Available On 16 August 2007 President Susilo Bambang Yudhoyono signed the Bill of Limited Liability Company, as approved by the Parliament, and consequently it became the Law No. 40 of Year 2007 regarding Limited Liability Company. The law revokes the then existing Law No. 1 of Year 1995. This law has 14 chapters and 161 articles, and introduces new provision on, inter alia, corporate social and environmental responsibilities (CSER. The legislators have specifically dedicated Chapter V and its Article 74 to this effect. CSER is defined as commitment of the Company to participate in sustainable economic development with the intention of increasing the living quality and beneficial environment for the Company itself, the surrounding communities, and public in general. This article discusses CSER as stipulated in the Law in relation the logic of a limited liability company. It analyzes the necessity of stipulating it in the Law in relation to the objective of a limited liability company.

Civil liability concerning nuclear accidents

International Nuclear Information System (INIS)

Anon.

2013-01-01

France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

A review on liability in case of nuclear accident

International Nuclear Information System (INIS)

Gallage-Alwis, Sylvie; Faron, Pauline

2013-01-01

After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

Reflections on the development of international nuclear law

International Nuclear Information System (INIS)

Lamm, Vanda

2017-01-01

Over the course of more than seven decades, treaty norms on the production and utilisation of nuclear energy have been developed, which together form a special section within international law. These norms are the consequence of the unique nature of the field, namely that on the one hand some aspects of the uses of nuclear energy should be covered by totally new and special norms (e.g. in the field of disarmament, seeking to eliminate or at least to control the spread of nuclear weapons, and nuclear weapons tests) and on the other hand that several traditional legal solutions were not suitable for the problems that emerged in connection with other uses of nuclear energy (like liability). In this article, three aspects of the development of that special section of international law will be explored, namely: the close connections between the regulation of peaceful and military uses of nuclear energy; the effects of nuclear catastrophes on the development of international nuclear legislation; and the interaction between soft law norms and binding norms in the area of nuclear law

New Swiss legislation on nuclear third party liability

International Nuclear Information System (INIS)

Fischer, U.

1981-10-01

Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

Liability and insurance aspects of international transport of nuclear materials

International Nuclear Information System (INIS)

van Gijn, S.H.

1985-01-01

The Paris and Vienna Conventions do not affect the application of any international transport agreement already in force. However, in certain circumstances both the nuclear operator and the carrier may be held liable for nuclear damage which arises during international transports of nuclear materials. The ensuing cumulation of liabilities under the Nuclear and Transport Conventions may cause serious problems in obtaining adequate insurance cover for such transports. The 1971 Brussels Convention seeks to solve this problem by exonerating any person who might be held liable for nuclear damage under an international maritime convention or national law. Similar difficulties are encountered in the case of transports of nuclear materials between states which have and states which have not ratified the Paris and Vienna Conventions. (NEA) [fr

Nuclear liability insurance: a resume of recent years

International Nuclear Information System (INIS)

Marrone, J.

1975-01-01

The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

Law no. 6.453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

International Nuclear Information System (INIS)

1977-01-01

This Act was published on 17 october 1977. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out the maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment

Liability for nuclear damage and compensation therefor

International Nuclear Information System (INIS)

Prochazkova, D.

1996-01-01

The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

International Nuclear Information System (INIS)

Novotna, Marianna

2016-01-01

The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

BNFL nuclear decommissioning liabilities management program

International Nuclear Information System (INIS)

Colquhoun, A.P.

1995-01-01

The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

Does international nuclear trade law have a specificity

International Nuclear Information System (INIS)

David, J.L.

1988-01-01

This study on the specificity of international nuclear trade law covers public international and private international aspects. As regards the first, international organisations and agreements (bilateral and multilateral) are reviewed. In the context of the second, the international organisations with a scientific, legal or commercial vocation are briefly listed. Commercial contracts are then studied in greater detail from the viewpoint of contractual nuclear liability and that outside the contracts. In addition, special aspects are examined, relating to the flexibility of supply contracts, swap agreements in the nuclear field, and other more particular clauses such as the ''Consensus'' framework for export credits. The authors' conclusion is that while there is no specificity properly speaking in international nuclear trade law, it nevertheless has original features (NEA) [fr

International nuclear third party liability law: The response to Chernobyl

International Nuclear Information System (INIS)

Schwartz, J.A.

2006-01-01

In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

Directory of Open Access Journals (Sweden)

Emilian CIONGARU

2014-05-01

Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

Nuclear Liability and Insurance for Nuclear Damage in Sweden

International Nuclear Information System (INIS)

Thofelt, H.

1998-01-01

This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

Science.gov (United States)

2010-04-02

... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

Exposing government response action contractors to environmental tort liability

International Nuclear Information System (INIS)

Roy, M.J.

1991-01-01

Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

Nuclear Liability Legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

1998-01-01

This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

Nuclear Liability, State of the Art

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2010-01-01

Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

International Nuclear Information System (INIS)

Tetley, M.

2006-01-01

The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

The regulatory system governing liability, financial security, and the funding of decommissioning

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

Principally speaking, the nuclear liability law and the law on financial security constitute a modern system determining indemnification for nuclear damage with due regard to the risks concerned. This holds especially since the introduction of the unlimited financial liability of the owner. The question as to the security through available financial means is of foremost importance: at present the German insurance market can cover up to 500 million DM, another 500 million DM could be provided by a civil-law nuclear liability insurance company; thus the proposal to raise private provision finds to 1 billion DM. Indemnification through the state could consist in a loan for the liable party. As yet there is no obligation under atomic energy law to make provisions for the decommissioning of nuclear installations. Even if negotiations with the industry lead to satisfactory results, a legislative bridge, i.e. regularization through law, is not wholly dispensable and can be realized in various ways: as a precondition for the issue of a licence or as a specific obligation of the operator under atomic energy law. (orig./HSCH) [de

Current US nuclear liability regime

International Nuclear Information System (INIS)

Brown, O.F.

2000-01-01

The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

International conventions on civil liability for nuclear damage. Revised 1976 ed.

International Nuclear Information System (INIS)

1976-01-01

This revised edition contains the texts of the following multilateral conventions and instruments concerning civil liability for nuclear damage: The Vienna Convention of 21 May 1963 on Civil Liability for Nuclear Damage; The Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy (incorporating the provisions of the Additional Protocol of 28 January 1964); The Brussels Convention of 31 January 1963; Supplementary to the Paris Convention of 29 July 1960 (and incorporating the provisions of the Additional Protocol signed in Paris on 28 January 1964); and the Brussels Convention of 25 May 1962 on the Liability of Operators of Nuclear Ships. Final Act and Resolutions of the International Conference on Civil Liability for Nuclear Damage, held in Vienna from 29 April to 19 May 1963; Final Act of the International Legal Conference on Maritime Carriage of Nuclear Substances, held in Brussels from 29 November to 2 December 1971; and Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, adopted at Brussels on 17 December 1971

Nuclear law; Le droit nucleaire 2006-2008

Energy Technology Data Exchange (ETDEWEB)

Bringuier, P. [Montpellier-1 Univ., Droit International Public, UMR 5815, 34 (France)

2009-10-15

The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

Proposed Amendments to the Nuclear Liability

International Nuclear Information System (INIS)

1981-01-01

This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

Third party liability cover for nuclear damage and related problems

International Nuclear Information System (INIS)

Carbone, Ferdinando; Gambardella, Elio.

1974-06-01

This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

Nuclear liability and the Price--Anderson Act

International Nuclear Information System (INIS)

Wilson, R.

1977-01-01

The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

Limitation of third party nuclear liability. Causes, implications and future possibilities

International Nuclear Information System (INIS)

Radetzki, M.

1999-01-01

Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

Nuclear waste management, reactor decommisioning, nuclear liability and public attitudes

International Nuclear Information System (INIS)

Green, R.E.

1982-01-01

This paper deals with several issues that are frequently raised by the public in any discussion of nuclear energy, and explores some aspects of public attitudes towards nuclear-related activities. The characteristics of the three types of waste associated with the nuclear fuel cycle, i.e. mine/mill tailings, reactor wastes and nuclear fuel wastes, are defined, and the methods currently being proposed for their safe handling and disposal are outlined. The activities associated with reactor decommissioning are also described, as well as the Canadian approach to nuclear liability. The costs associated with nuclear waste management, reactor decommissioning and nuclear liability are also discussed. Finally, the issue of public attitudes towards nuclear energy is addressed. It is concluded that a simple and comprehensive information program is needed to overcome many of the misconceptions that exist about nuclear energy and to provide the public with a more balanced information base on which to make decisions

News from the front lines of nuclear law; Aus der Werkstatt des Nuklearrechts

Energy Technology Data Exchange (ETDEWEB)

Raetzke, Christian; Feldmann, Ulrike; Frank, Akos (eds.)

2016-07-01

This volume contains the proceedings of the 14th Regional Conference of the German Branch of the International Nuclear Law Association (INLA) held in Nuremberg in September 2015. In five chapters, German and international experts, with contributions partly in German but predominantly in English, explain the most recent developments in nuclear law in Germany, in other countries and on the international level. The topics include: turnkey contracts in the nuclear industry; claims under EU environmental law and under ICSID arbitration; developments in legal requirements for final disposal of nuclear waste in various countries such as Germany and the US; topics of nuclear liability, such as the situation in India; and finally nuclear safety and regulation. For anyone who wants to keep up-to-date on important developments of nuclear law, this volume is an obvious choice.

Review of the nuclear liability act

International Nuclear Information System (INIS)

1990-01-01

There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

Ordinance on nuclear third party liability (ORCN)

International Nuclear Information System (INIS)

1983-12-01

The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

Nuclear civil liability international system. Evolution prospects

International Nuclear Information System (INIS)

Reyners, P.

1996-01-01

This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

Transport Nuclear Liability Insurance

International Nuclear Information System (INIS)

Folens, M.

2006-01-01

Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

Standard rules for liability and cover for nuclear installations

International Nuclear Information System (INIS)

Pfaffelhuber, J.K.; Kuckuck, B.

1980-01-01

To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

Practical problems of third party liability connected with nuclear installations

International Nuclear Information System (INIS)

Lacroix, F.

1975-01-01

A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

Efficient prevention and compensation of catastrophic risks. The example of damage by nuclear accidents

International Nuclear Information System (INIS)

Vanden Borre, T.

2001-01-01

This book deals with the liability for damage due to catastrophic risks. The nuclear liability law serves as an example of such a catastrophic risk. The question that we tried to answer is what an efficient compensation scheme for catastrophic risks should look like. This question is dealt with both from a law and an economic point of view and from a comparative point of view. The main element in comparing the laws in different countries is the comparison between Belgian and Dutch civil (nuclear) liability law. But also American nuclear liability law is part of the analysis (the Price-Anderson Act). The book consists of four parts: (nuclear) civil liability law, legal and economic approach, analysis of other compensation systems and conclusions. The big themes in this book are therefore civil (nuclear) liability law, insurance law and environmental liability law [nl

Unlimited liability will not automatically establish unlimited coverage

International Nuclear Information System (INIS)

Breining, W.

1980-01-01

Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB [de

Receptum Liability of Skippers, Innkeepers and Stable Keepers in Roman Law

OpenAIRE

Mehmet YEŞİLLER

2013-01-01

Our study discusses the regulations regarding the liabilities of skippers, innkeepers and stable keepers in Roman Law. It is clear from the resources that "actio de damno aut furto adversus nautas, caupones, stabularios and receptum, nautae, cauponis, stabularii" responsibilities used to be regulated in addition to custodia liability arising from the hire of work between the parties, particularly because personnels of skippers, innkeepers and stable keepers were unreliable. These practices, w...

Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation

International Nuclear Information System (INIS)

Raffarin, J.P.; Villepin, D. de

2002-01-01

An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

Nuclear liabilities - nuclear insurance. Pt. 1

International Nuclear Information System (INIS)

Roesch, H.

1981-01-01

Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

Nuclear operator. Liability amounts and financial security limits

International Nuclear Information System (INIS)

2015-07-01

This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

No 2943. Project of law relative to nuclear transparency and safety

International Nuclear Information System (INIS)

2006-03-01

This project of law comprises 5 titles dealing with: 1 - general dispositions: definition and scope of nuclear safety, security, radiation protection, operators liability, facilities in concern; 2 - the high nuclear safety authority: role and duties; 3 - public information in the domain of nuclear safety and radiation protection: information right of the public, local information commissions, high committee for nuclear safety transparency and information; 4 - basic nuclear facilities and transport of radioactive materials: applicable rules, police controls and measures, penal dispositions (investigations, sanctions); 5 - miscellaneous dispositions: changes made with respect to previous legislative texts. (J.S.)

Nuclear liability legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

The Brussels I Regulation and Liability for Nuclear Damage

International Nuclear Information System (INIS)

Handrlica, J.

2010-01-01

Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

Nuclear liability and research reactor fuel. A plant supplier's view

International Nuclear Information System (INIS)

Roegler, H.-J.; Hetzmann, A.

2000-01-01

compensation than of the operator's country. As there are many potential conflicts around the issue and as there is the need to protect the supplier from, there has been established already early in nuclear history an international regime on how to deal with such claims: 1960 - the Paris Convention (amended 1964/1982) plus the 1963 - the Brussels Supplementary Convention; 1963 - the Vienna Convention; 1988 - the Joint Protocol linking the application of the Vienna and the Paris Convention. But as many states have joined neither the Vienna nor the Paris Convention (nor the Joint Protocol), there have often been established bilateral agreements on how to deal with the nuclear liability in terms of a specific project. The main issue with such bilateral agreements is the backing by that state the owner of the plant belongs to for the owner's obligation out of the nuclear liability. Often this cannot be reached due to the need of a state's decree or modification of the law for that very purpose. This is refused sometimes as well due to lack of insight in its need for a nuclear facility as small as a research reactor. All the above issues have to be taken into considerations during the contract negotiation between the plant supplier and the plant owner when contracting for its construction. All the issues may influence also whether the plant supplier find subsuppliers which accept or can live with the results of such negotiations for their subsupplies. It is inherent that the fuel suppliers are especially keen in solutions which indemnify them from any such risk out of nuclear events; so are organisations which perform safety evaluations. The fuel suppliers especially may be the more interested in high protection the more they are urged to deliver advanced fuel with less tests prior to application, e.g. as consequence of the steady announcement of extremely ambitious development progress by the RERTR program. This contribution to the RERTR-meeting will detail and give examples in

Management of nuclear liabilities in Germany

International Nuclear Information System (INIS)

Roser, T.

1995-01-01

The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

Nuclear Liability Act. RS, c.29 (1st supp.), s.1

International Nuclear Information System (INIS)

1985-01-01

The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

Managing liabilities which arise out of radioactive waste

International Nuclear Information System (INIS)

Hall, R.M. Jr.

1986-01-01

The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Nuclear law in Morocco: national and international aspects

International Nuclear Information System (INIS)

Nabil, M.

2004-01-01

The use of nuclear technology in medicine, agriculture and industry is very advanced in Morocco. This technological progress has been accompanied by fairly detailed legislation and significant involvement on the part of Morocco in international conventions and agreements. The desire to progress further with regard to research and the use of nuclear energy for peaceful purposes requires a twofold effort: the various pieces of national legislation on nuclear law need to be reformulated to bring them into line with the most recent rules in this sphere; Morocco international undertakings need to be revised in light of its immediate interests, certainly, but also of foreseeable developments, particularly with regard to safety and third party liability. (author)

Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

International Nuclear Information System (INIS)

Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

Inventory of nuclear liabilities - The Belgian perspective

International Nuclear Information System (INIS)

Minon, Jean-Paul

2003-01-01

Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

Nuclear Law Bulletin Index Nos. 1 to 99

International Nuclear Information System (INIS)

2017-01-01

This new edition of the Nuclear Law Bulletin Index covers the first 99 issues of the Nuclear Law Bulletin (NLB). By established practice, the plan of the Index is not a replica of the Bulletin, as it was considered more useful for research purposes to group together all the information concerning legislative and regulatory activities, case law and bilateral agreements and to classify this information by country. Following classification by country, references to the work of international organisations, multilateral agreements, studies and articles are set out in separate sections. The 'Bibliography and News Briefs' section is omitted from the Index. A separate chapter of the Index has been devoted to the listing of the instruments published in the Supplements to the Bulletin, or in the Chapter 'Texts' from past Bulletins, up until the present date. Each item in the Index is followed by a reference to the relevant Bulletin. Legislative and regulatory texts, as well as agreements reproduced in the Bulletins or their Supplements, are also referenced. Plan of index: 1 - Reports and commentary 1a - Classification by country Legislative and regulatory activities (Environmental protection, Food irradiation, General legislation, regulations and instruments, International co-operation, Liability and compensation, Licensing and regulatory infrastructure, Nuclear installations, Nuclear safety and radiological protection - including nuclear emergency planning, Nuclear security, Nuclear trade - including non-proliferation, Nuclear-powered ships, Organisation and structure, Radioactive materials - including physical protection, Radioactive waste management, Transport of radioactive materials); Case law; Administrative decisions; Agreements; 1b - International organisations; 1c - Multilateral agreements; 2 - Studies and articles; 3 - Texts reproduced in the nuclear law bulletin; 3a - Classification by country; 3b - International organisations; 3c

Remediation of old environmental liabilities in the Nuclear Research Institute Rez plc

International Nuclear Information System (INIS)

Svoboda, Karel; Podlaha, Josef

2011-01-01

The Nuclear Research Institute Rez plc (NRI) after 55 years of activities in the nuclear field produced some environmental liabilities that shall be remedied. There are three areas of remediation: (1) decommissioning of old obsolete facilities (e.g. decay tanks, RAW treatment technology, special sewage system), (2) processing of RAW from operation and dismantling of nuclear facilities, and (3) elimination of spent fuel from research nuclear reactors operated by the NRI. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and will be finished in 2014. The character of the environmental liabilities is very specific and requires special remediation procedures. Special technologies are being developed with assistance of external subcontractors. The NRI has gained many experiences in the field of RAW management and decommissioning of nuclear facilities and will use its facilities, experienced staff and all relevant data needed for the successful realization of the remediation. The most significant items of environmental liabilities are described in the paper together with information about the history, the current state, the progress, and the future activities in the field of remediation of environmental liabilities in the NRI. (author)

Legal aspects and liabilities of storage in transit of nuclear materials

International Nuclear Information System (INIS)

Mees, M.C.

1983-01-01

This paper considers the question of storage in transit of nuclear materials under the Paris Convention. It specifies the concepts of storage in transit of nuclear materials and then sets out the basic principles of nuclear third party liability. The paper concludes with an analysis of the practical situation in this field and the extent of State liability. (NEA) [fr

Liability for damage resulting from acts of the nuclear and radiological terrorism

International Nuclear Information System (INIS)

Handrlica, J.

2008-01-01

Nuclear terrorism is defined as an attack on a nuclear installation serving peaceful uses (such as a nuclear power plant) or non-peaceful uses. Radiological terrorism, which may be more likely, is defined as an action which doesn't trigger a nuclear reaction but gives rise to the release of radioactivity. The aim of this paper is to analyze the existing legal framework covering such situations. The relevant provisions of the Vienna and Paris Conventions on civil liability for nuclear damage, which represent a legal framework for nuclear liability at the international level, are discussed. The focus is on the identification of the the liable subject, including definition of the scope and nature of its liability. (author)

Liability and insurance of nuclear accident risk the swiss regulation in perspective

International Nuclear Information System (INIS)

Umbricht, R.; Zweifel, P.

1998-01-01

In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

Economic Efficiencyo on Limited Liability Companies: some Considerations on Economic Analysis of Law

Directory of Open Access Journals (Sweden)

Martinho Martins Botelho

2016-12-01

Full Text Available This paper presents briefly a theoretical approach about limited efficiency from the perspective Economic Analysis of Law (EAL of the limited liability company by examining initially the question of limited liability, under the scrutiny of the pro-rata theory and model manager-investor.  It approaches the liability of directors of corporations incorporated in the form of a limited company. Subsequently, its theoretical approaches are about the analysis of the first generation of agency theory (contract manager-investor incentives, the hypothesis of Modigliani-Miller irrelevance, and structures of great property.

NPP financial and regulatory risks-Importance of a balanced and comprehensive nuclear law for a newcomer country considering nuclear power programme

Science.gov (United States)

Manan, J. A. N. Abd; Mostafa, N. A.; Salim, M. F.

2015-04-01

The nature of Nuclear Power Plant (NPP) projects are: long duration (10-15 years for new build), high capital investment, reasonable risks and highly regulated industries to meet national & international requirement on Safety, Security, Safeguards (3S) and Liabilities. It requires long term planning and commitment from siting to final disposal of waste/spent fuel. Potential financial and regulatory risks are common in massive NPP projects and will be magnified in the case of using unproven technology. If the risks are not properly managed, it can lead to high project and operation costs, and, fail to fulfil its objectives to provide compatible electricity prices and. energy security. To ensure successful, the government and investors need to ensure that the NPP project is bankable with low cost of project and funding, have fair treatment and proper risk mitigation, and able to complete on time with no cost overrun. One of the requirements as prerequisite for the development of NPP as stipulated by the International Atomic Energy Agency (IAEA) is the establishment of a Legal and Regulatory Framework. The main objective of nuclear law is to ensure that the activities and projects carried-out in the country are legal and compliant to national and international requirements. The law should also be able to provide fair treatment of risks on its activities that is acceptable to investors. The challenge for a newcomer country is to develop a balanced and comprehensive national nuclear law that meet these objectives while taking into consideration various stakeholders' interest without compromising on safety, security, safeguard, liability requirements and other international obligations. This paper highlights the nature of NPP projects, its potential and associated financial and regulatory risks, and its major concerns and challenges. It proposes possible risks treatment and mitigation through the formulation of a balanced and comprehensive legislation by clear

NPP financial and regulatory risks-Importance of a balanced and comprehensive nuclear law for a newcomer country considering nuclear power programme

International Nuclear Information System (INIS)

Manan, J. A. N. Abd; Mostafa, N. A.; Salim, M. F.

2015-01-01

The nature of Nuclear Power Plant (NPP) projects are: long duration (10-15 years for new build), high capital investment, reasonable risks and highly regulated industries to meet national and international requirement on Safety, Security, Safeguards (3S) and Liabilities. It requires long term planning and commitment from siting to final disposal of waste/spent fuel. Potential financial and regulatory risks are common in massive NPP projects and will be magnified in the case of using unproven technology. If the risks are not properly managed, it can lead to high project and operation costs, and, fail to fulfil its objectives to provide compatible electricity prices and. energy security. To ensure successful, the government and investors need to ensure that the NPP project is bankable with low cost of project and funding, have fair treatment and proper risk mitigation, and able to complete on time with no cost overrun. One of the requirements as prerequisite for the development of NPP as stipulated by the International Atomic Energy Agency (IAEA) is the establishment of a Legal and Regulatory Framework. The main objective of nuclear law is to ensure that the activities and projects carried-out in the country are legal and compliant to national and international requirements. The law should also be able to provide fair treatment of risks on its activities that is acceptable to investors. The challenge for a newcomer country is to develop a balanced and comprehensive national nuclear law that meet these objectives while taking into consideration various stakeholders’ interest without compromising on safety, security, safeguard, liability requirements and other international obligations. This paper highlights the nature of NPP projects, its potential and associated financial and regulatory risks, and its major concerns and challenges. It proposes possible risks treatment and mitigation through the formulation of a balanced and comprehensive legislation by clear

NPP financial and regulatory risks-Importance of a balanced and comprehensive nuclear law for a newcomer country considering nuclear power programme

Energy Technology Data Exchange (ETDEWEB)

Manan, J. A. N. Abd, E-mail: jamalan@tnb.com.my; Mostafa, N. A.; Salim, M. F. [Nuclear Energy Department, Planning Division, Tenaga Nasional Berhad Level 32, Dua Sentral, No. 8 Jalan Tun Sambanthan, 50470 Brickfields, Kuala Lumpur (Malaysia)

2015-04-29

The nature of Nuclear Power Plant (NPP) projects are: long duration (10-15 years for new build), high capital investment, reasonable risks and highly regulated industries to meet national and international requirement on Safety, Security, Safeguards (3S) and Liabilities. It requires long term planning and commitment from siting to final disposal of waste/spent fuel. Potential financial and regulatory risks are common in massive NPP projects and will be magnified in the case of using unproven technology. If the risks are not properly managed, it can lead to high project and operation costs, and, fail to fulfil its objectives to provide compatible electricity prices and. energy security. To ensure successful, the government and investors need to ensure that the NPP project is bankable with low cost of project and funding, have fair treatment and proper risk mitigation, and able to complete on time with no cost overrun. One of the requirements as prerequisite for the development of NPP as stipulated by the International Atomic Energy Agency (IAEA) is the establishment of a Legal and Regulatory Framework. The main objective of nuclear law is to ensure that the activities and projects carried-out in the country are legal and compliant to national and international requirements. The law should also be able to provide fair treatment of risks on its activities that is acceptable to investors. The challenge for a newcomer country is to develop a balanced and comprehensive national nuclear law that meet these objectives while taking into consideration various stakeholders’ interest without compromising on safety, security, safeguard, liability requirements and other international obligations. This paper highlights the nature of NPP projects, its potential and associated financial and regulatory risks, and its major concerns and challenges. It proposes possible risks treatment and mitigation through the formulation of a balanced and comprehensive legislation by clear

Inadequacies in the civil nuclear liability regime evident after the Chernobyl accident: the response in the joint protocol of 1988

International Nuclear Information System (INIS)

Pelzer, N.

1993-01-01

The Joint Protocol of 21 September 1988 Relating to the Application of the Vienna Convention and the Paris Convention, by bridging both Conventions and by broadening thus the area where internationally harmonized nuclear liability law is applicable to nuclear incidents, contributes to doing away with inadequacies in the system of compensation for nuclear damage. On the other hand the Protocol has negative repercussions on the existing liability Conventions. Due to the enlargement of the territorial scope of application the compensation amounts available will be exhausted earlier. In order to avoid an aggravation of the legal position of the victims in the territories of the original Contracting Parties to the Vienna and the Paris Conventions the joint Protocol has to be responded to by a considerable increase of the compensation amounts

Boards of Directors' and Management's Liability in Law in Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

2011-01-01

The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

Should nuclear liability limits be removed. No

International Nuclear Information System (INIS)

Pape, E.C.

1985-01-01

The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

The Chernobyl case: its repercussions on the International System on Civil Liability for Nuclear Damages

International Nuclear Information System (INIS)

Gonzalez Guadarrama, J.L.

1992-01-01

With the discovery of the Nuclear Energy the world has been development her life the present investigation is based in the accident of the one of the most important Nuclear Power Plant in the world, situated in the Union of Socialist Sovietic Republics. The Nuclear Power Plant of Chernobyl. Us found in the investigation what not exist one legislation agree with the needs of development of the actual world in matter of the liability civil in case of the nuclear accidents. Found only the Convention of the Vienna. the Convention of the Brussels the which only cover the transportation the Nuclear substances in ships and others transportation medios. The complementary a the convention of the Paris and actually The Communication in case of the nuclear accidents and radiological accidents. In the present work think what the Community International haven the needs of created one legislation with character international what can help a the many countries what have Nuclear Power Plants, on all for protection of the her habitants. The International Atomic Energy Agency together with the International Justice Court and the United Nations Organization (U.N.O.) aplicated the law in matter of the nuclear accidents derivates of the liability responsibility in the use of the Nuclear Plants for elaboration the Electrical Energy or for Investigation in matter the nuclear energy both with identical responsibility civil in case the nuclear accident. (Author)

The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

Directory of Open Access Journals (Sweden)

Rodica Diana Apan

2015-11-01

Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

Act no 388 to amend Section 15 of the Nuclear Liability Act

International Nuclear Information System (INIS)

1986-01-01

Finland is ratifying the Montreal Protocols Nos 3 and 4 to the Warsaw Convention concerning carriage by air; protocol No 4 contains no exclusion clause for nuclear damage. This Act amends the 1972 Nuclear Liability Act to the effect that air carriers of nuclear substances have a right of recourse against the operator liable under nuclear legislation. In this way the principle of channelling liability onto the nuclear operator is maintained. (NEA) [fr

Some internationl law elements of national nuclear regulations from the Polish point of view

International Nuclear Information System (INIS)

Gadkowski, T.

1992-01-01

The essential contents of the Polish Nuclear Act from 1986 reflects on one hand needs and possibilities of the industrial use of nuclear energy and, on the other, international obligations of Poland. Poland is a State with a limited activity regarding to industrial use of nuclear energy; the main international-law elements of national nuclear regulations can be described as follows: 1. The good-neighborliness principle concerning the siting of nuclear installations in border areas. 2. An adequate concept of nuclear damage. 3. An adequate concept of liability for nuclear damage. (orig./HSCH)

Risks and nuclear insurance

International Nuclear Information System (INIS)

Debaets, M.; Springett, G.D.; Luotonen, K.; Virole, J.

1988-01-01

When analysing the nuclear insurance market, three elements must be taken into account: the nuclear operator's liability is regulated by national laws and/or international Conventions, such operators pay large premiums to insure their nuclear installations against property damage and finally, the nuclear insurance market is made up of pools and is mainly a monopoly. This report describes the different types of insurance coverage, the system governing nuclear third party liability under the Paris Convention and the Brussels Supplementary Convention and several national laws in that field. The last part of the report deals with liability and insurance aspects of international transport of nuclear materials [fr

Some legal-liability considerations on the Romanian concerns in the nuclear field

International Nuclear Information System (INIS)

Chirica, T.; Sandru, P.; Vatamanu, M.

1995-01-01

The national nuclear legislation is concerned with specific issues related to nuclear safety radiation protection clean-up activities, liability and financial guarantees for nuclear damages; it may be noted that Romania adhered to the nuclear third party liability Vienna Convention and Joint Protocol on December 29, 1992. The Romanian National Nuclear Program, which includes not only the nuclear fuel cycle but also nuclear research facilities and other peaceful applications of radioactivity implies that Romania government is aware for its own facilities, by the settlement of the insurance and pooling system for its own nuclear facilities, as well as for the regional aspects for the liability system for nuclear damage. It must be point out the opportunity and the priority to cooperate with the developed country having in mind the necessity for nuclear insurance coverage of the financial capital invested in Romania's power sector, as well as in the eastern Europe and the former Soviet Union. (Author)

The law on indemnity agreement for compensation of nuclear damage

International Nuclear Information System (INIS)

1979-01-01

Basic terms are defined, such as: operation of reactors; nuclear damage; nuclear enterpriser; nuclear ship; measure for compensation; amount of compensation and liability insurance contract. The government may conclude with nuclear enterprisers indemnity agreements, in which in the case of reparation responsibilities of the enterprisers coming into being, the government agrees to make for losses of the enterprisers not possible to be compensated by liability insurance contracts, etc., and the enterprisers comply to pay indemnity charges. Losses indemnified by the government with the said agreements (indemnity agreement) shall be losses of the enterprisers (indemnity loss) which occur from reparation of nuclear damages due to earthquakes or eruptions, or regular operation of reactors or damages to be compensated by the insurance contracts, which are not demanded by the sufferers for 10 years from the day of events, and others. The term of indemnity agreements is from the time of the conclusion to the date of suspension of the operation of reactors. Indemnity charges, amount of indemnity, limit of conclusion of indemnity agreements, notice, prescription and others are prescribed respectively. The government may dissolute indemnity agreements in specified particular cases, including violation of the provisions of the law concerning indemnification of nuclear damage by the enterprisers, etc. (Okada, K.)

Managing nuclear liabilities: 'hospital pass' or major opportunity?

International Nuclear Information System (INIS)

May, D.

1995-01-01

This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

Nuclear liability in the course of transport - some insurance aspects

International Nuclear Information System (INIS)

Andersson, G.

1993-01-01

This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

Receptum Liability of Skippers, Innkeepers and Stable Keepers in Roman Law

Directory of Open Access Journals (Sweden)

Mehmet YEŞİLLER

2013-06-01

Full Text Available Our study discusses the regulations regarding the liabilities of skippers, innkeepers and stable keepers in Roman Law. It is clear from the resources that "actio de damno aut furto adversus nautas, caupones, stabularios and receptum, nautae, cauponis, stabularii" responsibilities used to be regulated in addition to custodia liability arising from the hire of work between the parties, particularly because personnels of skippers, innkeepers and stable keepers were unreliable. These practices, which were implemented with Praetor Edictum and relied on practices of similar quasi torts, widely applied to areas which were not protected by the hire of work in Rome.

Financial security for nuclear liability

International Nuclear Information System (INIS)

Francis, H.W.

1979-01-01

In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

Compensation of damage caused by diverted nuclear substances

International Nuclear Information System (INIS)

Deprimoz, J.

1981-10-01

This paper provides a comprehensive analysis of the insurance system for nuclear liability. As a rule, if nuclear fuel, radioactive products or waste are governed by nuclear energy law providing for strict and channelled liability, their legal holder will pay for damage arising from them anywhere within 20 years after theft or diversion and 10 years after the nuclear incident. In most countries, atomic liability insurers will implicitly grant their cover through policies underwritten by legal holders. If diverted substances have a low specific radioactivity, their legal holder remains liable according to common law and insurance policies cover this conventional liability. (NEA) [fr

Radiological risks and civil liability

International Nuclear Information System (INIS)

Miller, C.E.

1989-01-01

In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

Radiological risks and civil liability

Energy Technology Data Exchange (ETDEWEB)

Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

1989-01-01

In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

Nuclear operator liability amounts and financial security limits as of June 2011

International Nuclear Information System (INIS)

2011-06-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. For each country listed in the table are indicated: the International Liability Convention (PC, BSC or VC, RVC and/or JP and/or CSC), the type of Installations / Activities, the Operator's Liability Amount (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Financial Security Limit (in National Currency or Special Drawing Rights (SDR) with USD/EUR Equivalent), the Additional State Compensation if any, and the Additional Compensation (International Arrangements) if any

The nuclear liability conventions revised

International Nuclear Information System (INIS)

Reyners, P.

2004-01-01

The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

Yugoslavia-Act on Liability for Nuclear Damage of 19 April 1978

International Nuclear Information System (INIS)

Anon.

1979-01-01

This Act, which came into force eight days after its publication, is based to a great extent on the provisions of the 1963 Vienna Convention on Civil Liability for Nuclear Damage, ratified by Yugoslavia on 12 August 1977. Under the Act, a nuclear operator is held absolutely liable for any nuclear damage caused by a nuclear indicent occurring in his installation. This liability is limited to 450 million dinars (approximately 22 million US$). To cover his liability, an operator must take out insurance or other financial security, whose amount will be determinated by the competent authority according to the characteristics of the installation involved but in no event should it be below 150 million dinars. Within the meaning of the Act, the operator may be an organisation of associated labour which has obtained site approval, licences for test runs and entry into operation of the installation, or any person recognised as such by the State. (NEA) [fr

Liability for damage to the global commons

International Nuclear Information System (INIS)

Leigh, K.

1993-01-01

The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

Improvement of nuclear liability system and pros and cons for becoming a party to conventions

International Nuclear Information System (INIS)

Kim, S. W.; Jang, K. H.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

2001-01-01

In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J

1994-12-31

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J.

1993-12-31

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee`s work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world`s public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author).

Liability for nuclear damage: an international perspective. Reflections on the revision of the Vienna Convention

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

This book deals with deals of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on his experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may not be fully intelligible for those who have not participated in or closely followed the Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states has been manifested. After three years of discussions no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structure of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issue, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

Review of legislation on civil liability for nuclear damage; Revision de la legislacion relativa a la responsabilidad civil por danos nucleares

Energy Technology Data Exchange (ETDEWEB)

Menendez-Moran, E.

2011-07-01

The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

Nuclear operator liability amounts and financial security limits (Last updated: July 2014)

International Nuclear Information System (INIS)

2014-07-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: - First tier corresponds to the liability amount imposed on the operator ('Operator's Liability Amount'). - Second tier corresponds to the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated ('Additional State Compensation'). - Third tier corresponds to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula ['Additional Compensation (International Arrangements)']. Please note that under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold.' Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. SDR is a unit of account used by the International Monetary Fund and is based upon a basket of weighted currencies. The latest exchange rates of SDRs per currency units are available at http://www.imf.org/external/np/fin/data/rms_five.aspx

Liability for contaminated property : the interaction between regulation and the common law

Energy Technology Data Exchange (ETDEWEB)

MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

1998-12-31

The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

Liability for injury to the unborn - Recent amendments to the United Kingdom Nuclear Installations Act

International Nuclear Information System (INIS)

Coleman, J.E.

1977-01-01

The adoption in the United Kingdom in 1976 of an Act to determine liability for injury to the unborn (foetus) has provided the opportunity to amend the Nuclear Installations Act which governs the liability of nuclear operators, which is now extended to such injury. Any 'injury' attributable to a nuclear operator which so affects a mother that her child is born disabled involves the liability of that operator within the meaning of the Nuclear Installations Act whether or not either parent has suffered an injury on that occasion. (NEA) [fr

New nuclear legislation proposals from the European Commission funds to cover nuclear liabilities

International Nuclear Information System (INIS)

Taylor, Derek M.

2003-01-01

On 30 January 2003, the European Commission adopted two proposals for new Directives in the area of nuclear safety: - a proposal for a Council Directive defining the basic obligations and the general principles on the safety of nuclear installations; - a proposal for a Council Directive on the management of spent nuclear fuel and radioactive waste. The first of these includes a requirement for the setting up of 'decommissioning funds'. However, this is a 'short-hand' title as the funds must cover all nuclear liabilities that remain after the end of operation of a nuclear installation, not just its closure and dismantling. The liabilities that remain following the closure of a nuclear installation need to be managed safely. They also need to be managed over a period that ranges from decades to centuries. It is vitally important that the financial resources for the safe management of these liabilities can be guaranteed over the full period. In the Commission's view, this can be best achieved by establishing a segregated fund that is built up over the operating life of the facility and by placing clear limitations on how the fund may be used. Ideally the segregated fund should be 'external' to the company and managed in such a way to ensure that it retains its value. The funds should not be spent on anything other than their identified purpose. The fund should be sufficient to cover all liabilities that remain once a facility stops generating revenue. These liabilities would include long-term management of spent nuclear fuel and all radioactive waste (including its disposal), not already paid for during operation, and the full dismantling of the facility. The Directive should cover all nuclear installations, not just nuclear power plants. It would not be logical to require a fund to cover reactor decommissioning, but not for a reprocessing plant. Special provisions will have to be made for those installations, such as some research reactors, that do not generate

Price--Anderson Act: an imaginative approach to public liability concerns

International Nuclear Information System (INIS)

Lowenstein, R.

1977-01-01

Opposition to the Price-Anderson Indemnity Law is felt to be motivated by opposition to new nuclear power plant construction rather than against the insurance industry. Those who oppose nuclear power plants view them as an alternative rather than the additional source of energy needed to meet demand. The Act's historical background is reviewed, leading up to the insurance industry's conclusion that lack of actuarial statistics would prevent it from providing adequate insurance for potential liability claims. The 1957 Act was intended to provide public compensation in the event of an accident and to limit the liability of private industry. Several modifications were enacted over the years to close gaps in the original law and extend protection to new developments. Amendments were passed in 1975 that extend coverage to August 1, 1987, allow industry-financed indemnity to be substituted for government indemnity beyond the insurance available, and increase the limit of liability. Critics contend that (1) although the government has yet to pay out any claims, government indemnity amounts to a subsidy; (2) limits on liability are not reasonable if reactors are safe and licensable; and (3) liability coverage is a disincentive for reactor safety measures. These criticisms are not felt to be valid, however, and the amended bill's provisions are listed and found to be adequate

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

Nuclear Liability and Insurance Cover for Risk of Nuclear Power Plants - Situation for Nuclear Installations in Germany

International Nuclear Information System (INIS)

Boediker, T.

1998-01-01

A dispute about nuclear liability and insurance cover for risks of nuclear power plants from an insurer's point of view has to determine and to judge the essential risk relevant factors. These are beside plant and site specific factors considerations of insurance restrictions in the extent of cover compared with the legal scope of liability for (re-)insurability's sake. Among such consideration are: financial limitation and obligation for its reinstatement, exclusions for gradual emissions of approved activities, armed conflicts, hostilities, civil war, insurrections or grave natural disaster and restrictions in the limitation and preclusion periods. In comparison with conventional liability risks there are some specialties to be considered some of which prove to be a risk relief other as a risk burden for insurance: Salvage expenses or interests and court costs to be paid by unsuccessful party in a lost litigation do not fall under legal liability and hence are excluded from the financial security cover so that are compensation is subject to agreed separate limits. A serious burden for the insurers can result out of the loss regulation costs in case of a severe nuclear accident. These expenses, which can exceed hundred million DM by far, are to be carried by the insurers in the frame of their obligation to investigate raised claims. Therefore the insurers should aim a fixed limitation in order to restrict their limit. (author)

Liability and Insurance for Suborbital Flights

Science.gov (United States)

Masson-Zwaan, T.

2012-01-01

This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

Dual Liability for Nuclear Damage in Conventions and Finnish Legislation in the Field of Transport

International Nuclear Information System (INIS)

Manninen, J.

1986-01-01

The exception made in the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy to the otherwise absolute channelling of liability in order to avoid conflicts with the then existing international agreements in the field of transport is briefly described. The dual liability created by this provision is studied, as well as the question whether and when the victim might prefer to base his claim on a transport agreement instead of the Paris Convention. The so-called nuclear clauses in the new agreements in the transport field are analysed. The problems caused by the absence of a nuclear clause in the Guatemala City and Montreal Protocols, amending the Warsaw Convention relating to international air carriage are noted. Finally the relationship between nuclear liability legislation and transport legislation in Finland, as well as the cases where a dual liability existed at the time of the ratification of the Paris Convention and the changes which have taken place since then are described. (NEA) [fr

Developments in international convention on nuclear third party liability

International Nuclear Information System (INIS)

Reyners, P.

2000-01-01

A few years after the adoption of a Protocol to amend the world-wide Vienna Convention on Civil Liability for Nuclear Damage and of a new ''global'' Convention on the Supplementary Compensation of Nuclear Damage (September 1997), the countries which are party to the Western Europe based Paris and Brussels Conventions are working on the revision of these instruments within the OECD Nuclear Energy Agency. The objective of this exercise is not only to preserve the compatibility of the Paris and Vienna provisions, which is now an imperative deriving from the application of the 1988 Joint Protocol linking these two Conventions, but also to substantially improve certain features of this regime such as its technical and geographical scope of application, the facilitation of the rights of victims to defend their claims and, of course, the level of funds effectively available to compensate the damage. This paper reviews briefly the recent evolution of the international nuclear liability regime and discusses some of the challenges which the nuclear countries are facing in this context. (author)

Apportioning liability for transborder damages

International Nuclear Information System (INIS)

Krause-Ablass, W.-D.

1988-01-01

The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

Medical Liability and Patient Law in Germany: Main Features with Particular Focus on Treatments in the Field of Interventional Radiology.

Science.gov (United States)

Sommer, S A; Geissler, R; Stampfl, U; Wolf, M B; Radeleff, B A; Richter, G M; Kauczor, H-U; Pereira, P L; Sommer, C M

2016-04-01

On February 26th, 2013 the patient law became effective in Germany. Goal of the lawmakers was a most authoritative case law for liability of malpractice and to improve enforcement of the rights of the patients. The following article contains several examples detailing legal situation. By no means should these discourage those persons who treat patients. Rather should they be sensitized to to various aspects of this increasingly important field of law. To identify relevant sources according to judicial standard research was conducted including first- and second selection. Goal was the identification of jurisdiction, literature and other various analyses that all deal with liability of malpractice and patient law within the field of Interventional Radiology--with particular focus on transarterial chemoembolization of the liver and related procedures. In summary, 89 different sources were included and analyzed. The individual who treats a patient is liable for an error in treatment if it causes injury to life, the body or the patient's health. Independent of the error in treatment the individual providing medical care is liable for mistakes made in the context of obtaining informed consent. Prerequisite is the presence of an error made when obtaining informed consent and its causality for the patient's consent for the treatment. Without an effective consent the treatment is considered illegal whether it was free of treatment error or not. The new patient law does not cause material change of the German liablity of malpractice law. •On February 26th, 2013 the new patient law came into effect. Materially, there was no fundamental remodeling of the German liability for medical malpractice. •Regarding a physician's liability for medical malpractice two different elements of an offence come into consideration: for one the liability for malpractice and, in turn, liability for errors made during medical consultation in the process of obtaining informed consent. �

A U.S. Perspective on Nuclear Liability: A Continuing Impediment to International Trade and Public Protection

International Nuclear Information System (INIS)

Brown, O. F.

2008-01-01

More than two decades after the 1986 events at Chernobyl demonstrated nuclear power plant accidents can have cross-border consequences, there still is not a unified international legal regime for liability associated with nuclear accidents. This continues to present an impediment to international nuclear trade and protection of the public. Liability potentially associated with international nuclear commerce remains a labyrinth of statutes and treaties not yet interpreted by the courts. Countries with a majority of the world's 439 operating nuclear power plants are not yet parties to any nuclear liability convention in force. The global Vienna Convention on Civil Liability for Nuclear Damage now covers only about 73 operating nuclear power plants; the regional Paris Convention on Third Party Liability in the Field of Nuclear Energy now covers about 126; and, the Joint Protocol that links those two Conventions covers only about 68. The best solution would be for more countries to join the United States (with 104 operating nuclear power plants) in ratifying the Convention on Supplementary Compensation for Nuclear Damage (CSC) adopted by the International Atomic Energy Agency (IAEA) in 1997. As soon as the CSC enters into force, it will cover more nuclear power plants than either the Vienna or Paris Convention. This presentation also provides an update on insurance coverage in the United States for acts of terrorism.(author)

Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

Nuclear liability interest in population and environmental exposures from the nuclear fuel cycle

International Nuclear Information System (INIS)

Piccolo, R.G.

1988-01-01

The potential for costly nuclear liability claims is often a hidden dimension to the operation of a nuclear power plant. There are two predominant modes for this to occur: either from on-site exposures to plant workers and alleged bodily injury; or from the release of plant effluents to the environment and alleged property damage and bodily injury. ANI/MAELU recently received 2 multi-million dollar nuclear liability claims alleging environmental damage caused by the routine release of radioactive effluents from nuclear facilities. In both cases, the release of radionuclides appeared to be within appropriate regulations. Two important goals of the regulations are to monitor releases and to ensure that releases are within limits intended to protect the public. While, in fact radionuclide releases are normally within regulatory limits, this does not address the growing perception that radiation at any level is harmful. ANI/MAELU is concerned because this perception impacts the possibility of tort litigation. ANI/MAELU conducted a partial review of the nuclear industry environmental monitoring programs. One general conclusion of this effort is that the industry is adequately monitoring environmental releases, thereby protecting the public. They have also generally concluded that the industry is not well poised to protect itself from some of the consequences of potential liability claims alleging property damage or bodily injury from radiation released to the environment. ANI/MAELU Bulletin 86-1, Environmental Monitoring Programs was issued in February of 1986 addressing this concern. The Bulletin identifies five areas where improvements can be made in environmental monitoring programs to reduce the potential for litigation

Nuclear liability: Joint protocol relating to the application of the Vienna Convention and the Paris Convention, 1988

International Nuclear Information System (INIS)

1989-10-01

The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention was adopted by the Conference on the Relationship between the Paris Convention and the Vienna Convention, which met in Vienna, at the Headquarters of the International Atomic Energy Agency on 21 September 1988. The Joint Protocol establishes a link between the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963. The Joint Protocol will extend to the States adhering to it the coverage of the two Conventions. It will also resolve potential conflicts of law, which could result from the simultaneous application of the two Conventions to the same nuclear accident. The Conference on the Relationship between the Paris Convention and the Vienna Convention was jointly organized by the International Atomic Energy Agency and the OECD Nuclear Energy Agency. This publication contains the text of the Final Act of the Conference in the six authentic languages, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, also in the six authentic languages and an explanatory note, prepared by the IAEA and NEA Secretariats, providing background information on the content of the Joint Protocol

An overview of the international regime governing liability for nuclear damage

International Nuclear Information System (INIS)

Sturms, W.; Reye, S.

1995-01-01

Since 1986, the IAEA has been seized with considerations of all aspects of international nuclear liability, with a view to establishing a comprehensive international regime that would obtain widest adherence. The practical work is currently being done in the IAEA Standing Committee on Liability for Nuclear Damage. The efforts, which were first concentrated on the improvement of the existing civil liability regime, resulted in adoption, in 1988, of the Joint Protocol to the Vienna Convention and the Paris Convention, combining them into one expanded regime. At present, the work is focused on the following questions: (a) Revision of the Vienna Convention: In this context, specific draft amendments are considered relating to some key issues where need for improvement has been recognized, such as geographical scope, application to military installations, expansion of the definition of damage to cover environmental damage, preventative measures and consequential losses, increase of liability limits, provision of funds by the Installation State, extension of time limits for submission of claims, restriction of exonerations, etc. (b) International State liability and its relationship with the civil liability regime: Emphasis is placed on proposals for Installation State involvement in the provision of public funds in addition to compensation paid by the operator. (c) Elaboration of a supplementary funding system to cover damage exceeding compensation available under the Vienna and Paris Conventions

Act No. 225 of 17 March 1979 containing regulations on third party liability for damage caused by nuclear incidents; Nuclear Incidents (Third Party Liability) Act

International Nuclear Information System (INIS)

1979-01-01

This Act on nuclear third party liability provides that the maximum amount of liability of the operator of a nuclear installation in the Netherlands is set at 100 million guilders in accordance with the Paris Convention; it also implements the Brussels Supplementary Convention's additional compensation mechanism. The new Act further provides that if damage is suffered on the Netherlands' territory as a result of a nuclear incident for which compensation is payable pursuant to the Brussels Convention or to the Act, and that the funds available for this purpose are insufficient to secure compensation of such damage to an amount of one thousand million guilders, the State shall make available the public funds needed to compensate such damage up to that amount. (NEA) [fr

Some aspects of the contractual application of the limited liability of suppliers convened by several international conventions

International Nuclear Information System (INIS)

Zaldivar, E.

1976-01-01

Civil liability for nuclear damage has been the subject of specific regulations by means of International Conventions and the laws of countries which may be qualified as suppliers of nuclear fuel, materials and installations. These regulations have been necessary to facilitate development of the peaceful uses of atomic energy. A second group of countries, namely those of Latin America, which are also purchasers, lack this specific legislation and have not ratified any International Convention on the subject. In those countries civil liability continues to be ruled by the classic norms of Roman Law. This difference in regimes has made for difficulties between suppliers and purchasers and could obstruct future exchanges in matters of nuclear energy between both groups of countries. It would be desirable for the competent authorities in purchasing countries to study the means of providing their countries with nuclear third party liability legislation based on the principles of the International Conventions. (N.E.A.) [fr

Federal and state regulatory schemes affecting liability for high-level waste transportation incidents: opportunities for clarification and amendment

International Nuclear Information System (INIS)

Friel, L.E.; Livingston-Behan, E.A.

1985-01-01

The Price-Anderson Act of 1957 provides extensive public liability coverage in the event of a serious accident involving the transportation of nuclear materials to or from certain federally-licensed, or federal contractor-operated facilities. While actual liability for a nuclear incident and the extent of damages are usually determined by state law, the Act establishes a comprehensive system for the payment of such damages. Despite the federally-mandated scheme for liability coverage several aspects of the Act's application to transportation to a permanent repository have not yet been settled and are open to various interpretations. Some areas of uncertainty apply not only to future waste transport to a repository, but also to current transportation activities, and include: coverage for emergency response and clean-up costs; coverage for precautionary evacuations; and the federal government's financial liability. The need to address liability issues is also increasingly recognized at the state level. The state laws which are used to determine liability and the extent of damages in the event of a transportation accident vary widely among states and significantly affect the compensation that an injured person will receive under the provisions of the Price-Anderson Act. Areas of state law deserving special attention include: standards for determining liability; statutes of limitations; standards for proof of causation; state sovereign immunity statutes; and recovery of unique emergency response costs

Transport of nuclear material under the 1971 Brussels Convention

International Nuclear Information System (INIS)

Lagorce, M.

1975-01-01

The legal regime in force before entry into force of the 1971 Brussels Convention relating to civil liability for the maritime carriage of nuclear material created serious difficulties for maritime carriers, regarding both the financial risks entailed and restrictions on enjoyment of the rights granted by civil liability conventions. The 1971 Convention exonerates from liability any person likely to be held liable for nuclear damage under maritime law, provided another person is liable under the nuclear conventions or an equivalent national law. A problem remaining is that of compensation of nuclear damage to the means of transport for countries not having opted for re-inclusion of such damage in the nuclear law regime; this does not apply however to countries having ratified the Convention to date. A feature of the latter is that it establishes as extensively as possible the priority of nuclear law over maritime law. Furthermore the new regime continues to preserve efficiently the interests of victims of nuclear incidents. It is therefore to be hoped that insurers will no longer hesitate to cover international maritime carriage of nuclear material [fr

Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

International Nuclear Information System (INIS)

Gavrilov, S.D.; Derevyankin, A.A.; Khamyanov, L.P.; Kovalenko, V.N.; Kovalivich, O.M.; Smirnov, P.L.

2001-01-01

Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and

Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

Energy Technology Data Exchange (ETDEWEB)

Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

2001-07-01

Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

New tendencies in the legal mark give the civil liability for nuclear damages

International Nuclear Information System (INIS)

Gil Portela, Rosario; Alonso Gonzalez, Ivonne

1998-01-01

The development gives an indispensable legal mark for the execution a nuclear program it includes relative special dispositions to the civil liability for nuclear damages. The existence gives an international regime in this matter and its current improvement, give the one that Cuba is State it leaves, it conditions the inclusion additional requirements in the national legislative system on civil liability relatives to the possible damages that it could cause to the personal one and environment in general a nuclear accident

Reviewing the justification and adequacy of existing legal principles governing nuclear third party liability

International Nuclear Information System (INIS)

Gnam, P.A.

1983-01-01

Following a review of the legal principles governing nuclear third party liability which are applied in most countries, this paper discusses certain reforms to this regime which have already been applied or are being studied in certain countries - namely the fixing of an unlimited amount of liability for nuclear damage. (NEA) [fr

Comparative Study of Determining of the Responsible Person and the Basis of Compensation in Civil Liability Results from Events Related to Nuclear Facilities

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Sayyed Mohammad Mahdi Qabuli Dorafshan

2015-12-01

Full Text Available Nuclear facilities, though have large advantages for human being, they also creates heavy hazards. Thus, the question of civil liability results from events of mentioned facilities are so significant. This paper studies the question of the basis and responsible for compensation results from aforementioned events in international instruments, Iran and French law. Outcome of this study shows that in this regard, Paris and Vienna conventions and the other related conventions and protocols adjust a special legal régime. In this respect, the international instruments while distancing themselves from liability based on fault, highlight the exclusive responsibility of the operator of nuclear facilities and they have commited the operator to insurance or appropriate secure financing. Also French legal régime have followed this manner with the impact of the Paris Convention and its amendments and additions. There is no special provisions in Iran legal régime in this matter so civil liability results from nuclear events is under general rules of civil liability and rules such Itlaf (loss, Tasbib (causation, Taqsir (fault and La-zarar (no damage in the context of Imamye jurisprudence. Ofcourse, the responsible is basically the one who the damage is attributable to him. Finaly, It is appropriate that the Iranian legislator predict favorable régime and provides special financial fund for compensation of possible injured parties in accordance with necessities and specific requirements related to nuclear energy

A radical approach to decommissioning and nuclear liabilities management

International Nuclear Information System (INIS)

Pooley, D.

1995-01-01

UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organisation, as well as reducing costs on a wide front from those expected in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organisations in the business of liabilities management. (author)

Including district heating pipelines in absolute liability laws

Energy Technology Data Exchange (ETDEWEB)

Gronau, W

1977-10-01

On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

Civil Liability And Indemnity For Moral Damage In Labour Law: Application Of The Doctrine Of Punitive Damages

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Elizabete Geremias

2016-12-01

Full Text Available This paper aims to explain and analyze the importance of the civil liability under labour law with particular emphasis on the application of the doctrine of "punitive damages" as a breakthrough for the development of Brazilian law in the field of solutions to real problems to the fundamental rights at work. The problem of the research is to identify the application of the doctrine of "punitive damages", its justification under the system of civil liability and, in particular, its applicability as a defense mechanism for fundamental rights at work. The research is descriptive and explanatory, documentary-bibliographical.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Harmonisation of Nuclear Liability Regimes in Europe

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

Chernobyl: Lessons in nuclear liability

International Nuclear Information System (INIS)

Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

1990-01-01

Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

Paris and Vienna nuclear liability conventions: challenges for insurers

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2004-01-01

Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

Insurance of liability for the transport of nuclear materials

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

The legal principle governing civil liability for damage involving nuclear substances in course of carriage are summarized, and the main aspects of the French nuclear insurance market are analysed. The financial capacity of insurance and the role of the Atomic Pool as an aid in this respect as well as its use as a mechanism for reinsurance are also discussed. As regards the insured party, cases are reviewed where the principle of the sole liability of the operator is inapplicable. Arguments are put forward demonstrating that acknowledgement of a plurality of insured persons would not necessarily lead to an increase of insurance costs. Finally, a review is made of the nature and extent of the damage covered according to whether such damage is caused to persons or property [fr

Risk of nuclear damage

International Nuclear Information System (INIS)

Kienzl, K.

1997-01-01

Following the opening and words of welcome by Mr. Fritz Unterpertinger (unit director at the Austrian Federal Ministry for the Environment, Youth and Family; BMUJF) Mrs Helga Kromp-Kolb (professor at the Institute for Meteorology and Physics of the University of Natural Resources Science Vienna) illustrated the risks of nuclear damage in Europe by means of a nuclear risk map. She explained that even from a scientific or technical point of view the assessment of risks arising from nuclear power stations was fraught with great uncertainties. Estimates about in how far MCAs (maximum credible accident) could still be controlled by safety systems vary widely and so do assessments of the probability of a core melt. But there is wide agreement in all risk assessments conducted so far that MCAs might occur within a - from a human point of view - conceivable number of years. In this connection one has to bear in mind that the occurrence of such a major accident - whatever its probability may be - could entail immense damage and the question arises whether or not it is at all justifiable to expose the general public to such a risk. Klaus Rennings (Centre for European Economic Research, Mannheim, Germany) dealt with the economic aspects of nuclear risk assessment. He explained that there are already a number of studies available aiming to assess the risk of damage resulting from a core melt accident in economic terms. As to the probability of occurrence estimates vary widely between one incident in 3,333 and 250,000 year of reactor operation. It is assumed, however, that a nuclear accident involving a core melt in Germany would probably exceed the damage caused by the Chernobyl accident. The following speakers addressed the legal aspects of risks associated with nuclear installations. Mrs Monika Gimpel-Hinteregger (professor at the Institute for Civil Law in Graz) gave an overview on the applicable Austrian law concerning third party liability in the field of nuclear energy

The French nuclear law

International Nuclear Information System (INIS)

Ito, Hiroshi

2013-01-01

The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain

International Nuclear Information System (INIS)

2006-01-01

This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two new protocols. (A.L.B.)

Nuclear liability insurance in the United States: an insurer's perspective

International Nuclear Information System (INIS)

Quattrocchi, J.

2000-01-01

By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

Nuclear law - Nuclear safety

International Nuclear Information System (INIS)

Pontier, Jean-Marie; Roux, Emmanuel; Leger, Marc; Deguergue, Maryse; Vallar, Christian; Pissaloux, Jean-Luc; Bernie-Boissard, Catherine; Thireau, Veronique; Takahashi, Nobuyuki; Spencer, Mary; Zhang, Li; Park, Kyun Sung; Artus, J.C.

2012-01-01

This book contains the contributions presented during a one-day seminar. The authors propose a framework for a legal approach to nuclear safety, a discussion of the 2009/71/EURATOM directive which establishes a European framework for nuclear safety in nuclear installations, a comment on nuclear safety and environmental governance, a discussion of the relationship between citizenship and nuclear, some thoughts about the Nuclear Safety Authority, an overview of the situation regarding the safety in nuclear waste burying, a comment on the Nome law with respect to electricity price and nuclear safety, a comment on the legal consequences of the Fukushima accident on nuclear safety in the Japanese law, a presentation of the USA nuclear regulation, an overview of nuclear safety in China, and a discussion of nuclear safety in the medical sector

Nuclear law. January 2011 - July 2012

International Nuclear Information System (INIS)

Bringuier, Pierre; Di Costanzo, Laura

2012-01-01

This paper gives a synthesis of legal aspects concerning nuclear power in France. The following main points are reviewed: institutional aspects (notably the independence of the Nuclear Safety Authority - ASN); transparency and public information; nuclear safety and radiation protection; nuclear materials, their control and security aspects; transports; trade and non-proliferation agreements; radioactive wastes; radiation accidents; liabilities and insurance; nuclear arms

Nuclear risk and optimal civil liability of the operator

International Nuclear Information System (INIS)

Schmitt, Andre; Spaeter, Sandrine

2007-01-01

The civil liability of nuclear operators are regulated by two sets of international Conventions. In particular, strict liability, limited financial responsibility and the obligation of providing financial guaranties are imposed to the nuclear operator by the Paris Convention and the Vienna Convention. Then national legislations are free to increase the financial cap of responsibility fixed by the international regimes. First we present the main elements of these Conventions. Then we focus on the impact of a modification in the amount of responsibility of the nuclear operator on his risk mitigation policy and on his financial condition. In particular we show that an increase of the cap beyond a given level determined by the model gives the operator some incentives to lessen the investment in prevention, contrary to what is expected. Besides, the impact of the preventive activities done by the firm on its financial constraint depends on the sensitivity of the risk distribution to the variation of the prevention level: The risk mitigation activities must be discussed with respect to the severity of the incidents and/or to the size of the nuclear park

Yearbook of environmental and engineering law 1990

International Nuclear Information System (INIS)

Marburger, P.

1990-01-01

The yearbook 1990 again contains individual contributions on German, foreign, and international environmental and engineering law. Beginning with this volume, there will always be a detailed report on previous year developments in environmental and engineering law in order to master the continuously increasing legal material. Some contributions - there are others - deal with the following subjects: Legislative need to act in matters of genetic engineering; ethics commissions and constitutional law; nature's own rights; legal protection of local government against brown coal plans; mining laws; sports and air-traffic noise; questions of nuclear waste management; removal of long-standing multi-party liability in environmental law; waste and restoration of abandoned industrial sites; technological development and liability insurance; problems of legislation coming into effect in pollution abatement procedures; Dutch air pollution abatement fund; environmental absolute liability in Austria; EC environmental legislation and solo actions by individual member states. (HSCH) [de

The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

International Nuclear Information System (INIS)

Coustou, F.

1986-01-01

A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

Seguro Nuclear

International Nuclear Information System (INIS)

Oliveira, S.C.C. de.

1978-04-01

A description of the constitutive elements of insurance and its features in the field of law, and special legislation about the matter are given. The relationship between the liability of the nuclear power plant operator and the international conventions about civil liability on nuclear damage is discussed. Some considerations on damage reparing in the United States, Germany, France and Spain are presented. (A.L.S.L.) [pt

The regulation for enforcing the law concerning indemnification of nuclear damage

International Nuclear Information System (INIS)

1980-01-01

The regulation is set up under the provisions of the law concerning the indemnification for atomic energy damages, to enforce them. An atomic energy business enterpriser who intends to get the approval of indemnification measures specified under the law shall file an application to the General Director of the Science Technology Agency, attaching particular documents and writing the following matters: his name and address; the kinds of operation of reactors; the names and addresses of works or places of business where reactors are operated; the thermal output of reactors; the kinds and quantities of nuclear fuel materials processed or employed; the kinds and quantities of nuclear fuel materials or contaminated materials to be transported; the kinds and quantities of nuclear fuel materials or contaminated materials to be disposed; beginning dates and expected ending dates of the operation of reactors; and other items stipulated concerning liability insurance and indemnification contracts. The negotiable securities qualified to be trusted include government bonds; municipal bonds; bonds issued by particular legal persons; bonds issued by banks, Central Cooperative Bank for Agriculture and Forestry, or Bank for Commerce and Industrial Cooperatives, and secured debentures under the secured debenture trust law. The recovering of trusted securities and identification cards are defined, respectively. (Okada, K.)

A radical approach to decommissioning and nuclear liabilities management

International Nuclear Information System (INIS)

Pooley, D.

1996-01-01

UKAEA Government Division has been set up primarily to manage and eventually eliminate the nuclear liabilities left from the many national nuclear programmes in which UKAEA has been involved. It is no longer primarily a nuclear plant or decommissioning operator but has developed a radical approach to decommissioning. It targets best value for money, alongside meeting safety and environmental requirements, by major use of contractors for its work, including using them as managing agents for big projects. In its first year of operation it made considerable progress in setting out the mission, goals, performance measures and operational principles for such an organization, as well as in reducing costs on a wide front from those expected, in increasing competition for future projects, and in keeping individual projects under good control. It also made major physical progress with specific decommissioning projects. For the future it has established a programme of continuous performance improvement which will bring further benefits and provide a benchmark for all organizations in the business of liabilities management. (author)

Compensation for damages in case of a nuclear accident

International Nuclear Information System (INIS)

Leger, M.

2011-01-01

This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

Nuclear insurance and third-party liability. An overview

Energy Technology Data Exchange (ETDEWEB)

Rashid, Nahrul Khair

1986-04-01

As for any other insurance policy, nuclear insurance involves two parties, the insurer and the insured. The coverage provided for can be against any misfortune or peril; material or physical losses, financial losses, third party liability or even the insured himself as in the case of life or personal insurance. In property and liability insurance, the element of certainty does not exist. Accidents cannot be predicted, the insured will only be able to financially recover the present worth of the property insured as evaluated at the time of the accident and to the extent of the damage arising from the event insured against, which in most cases will be lower than the full value of the property.

Towards a global system of compensation for transboundary nuclear damage: reflexions on the interrelationship of civil and international state liability

International Nuclear Information System (INIS)

Handl, G.

1993-01-01

International state liability is an essential complementary element of any global and comprehensive nuclear compensation system. Civil liability alone will not be able to fully compensate victims of a nuclear accident and will therefore not fully internalize the costs of nuclear activities. To make it effective and politically acceptable, state liability must be fully integrated procedurally with any civil liability system as a last tier of compensation following a simple process for handling together both civil and state liability claims at the international level, with individuals being able to sue Installation States. 69 refs

Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

International Nuclear Information System (INIS)

Iizuka, H.

2006-01-01

Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

Nuclear security and law

International Nuclear Information System (INIS)

Gozal, Y.

1999-01-01

The aim of this study is to show that the classical distinction between the military nuclear law and the civil nuclear law is outdated. The technologies are dual and might be misused from a pacific to a military goal. The central element of the nuclear law is thus the integration of the safety rules: the nuclear risk being universal, it has created an universal law (first part) that reflects our scientific knowledge and might thus evaluate. This universal law has been a factor of nuclear security (part 2), as in 50 years, there had been only one major nuclear accident and no nuclear conflict. The horizontal proliferation has been limited and the international community has understood that time had come to reduce our arsenals. (author)

Building a stronger framework of nuclear law. The IAEA's legislative assistance services

International Nuclear Information System (INIS)

Stoiber, C.

2003-01-01

The IAEA is publishing a Handbook on Nuclear Law which will provide IAEA Member States with a new resource for assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy; and practical guidance for governments in efforts to enhance their laws and regulations, in harmonizing them with internationally recognized standards, and in meeting their obligations under relevant international instruments. The Handbook responds to the growing demand from many national governments for assistance in the development of nuclear legislation and the need to harmonize their own legal and institutional arrangements with international standards. It also presents concise and authoritative instructional materials for teaching professionals (lawyers, scientists, engineers, health and radiation protection workers, government administrators) on the basic elements of a sound framework for managing and regulating nuclear energy. The Handbook is organized into five general parts: Part I provides a general overview of key concepts in the field: nuclear energy law and the legislative process; the regulatory authority; and the fundamental regulatory activities of licensing, inspection and enforcement. Part II deals with radiation protection. Part Ill covers various subjects arising from nuclear and radiation safety: radiation sources, nuclear installations, emergency preparedness and response, mining and milling, transportation, and waste and spent fuel. Part IV addresses the topic of nuclear liability and coverage. Part V moves to non-proliferation and security related subjects: safeguards, export and import controls, and physical protection. The Handbook also reflects and refers to the extensive range of IAEA Safety Standards covering all fields relevant to peaceful nuclear technology

Revision of the Paris and Brussels Conventions of Nuclear Liability

International Nuclear Information System (INIS)

Reyners, P.

2002-01-01

The Contracting Parties to the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and to the 1963 Brussels Convention Supplementary to the Paris Convention, have concluded this Spring four years of negotiation on the revision of these instruments. This exercise was itself started as a logical consequence of the adoption in 1997 of a revised Vienna Convention on Civil Liability for Nuclear Damage and of a Convention on Supplementary Compensation for Nuclear Damage. The Contracting Parties have concluded that the existing regime established by these Conventions remains viable and sound but that it also warrants improvements to ensure that greater financial security will be available to compensate a potentially larger number of victims in respect of a broader range of nuclear damage. A number of more technical amendments have also been agreed, in particular to ensure compatibility with other existing Conventions in this field. When the revised Paris and Brussels Conventions come into force, the total amount of funds available for compensation, provided by the liable nuclear operator and by the States concerned, will be 1.5 billion euros. (author)

The liability according to paragraph 26 of the German Atomic Energy Act. A wallflower?; Die Haftung nach paragraph 26 AtG. Ein Mauerbluemchen?

Energy Technology Data Exchange (ETDEWEB)

Raetzke, Christian [CONLAR Consulting on Nuclear Law and Regulation, Leipzig (Germany)

2018-02-15

According to German law, liability for damage caused by radioactivity can arise from several regulations. In most cases, liability under the Paris Convention on Third Party Liability in the Field of Nuclear Energy, which applies in the field of nuclear power, is at the forefront of discussion. According to paragraph 26 of the German Atomic Energy Act, liability is somewhat in the shadow of the Paris Convention. It applies to the handling of radioactivity in medicine, research and industry (e.g. for test emitters) as well as activities involving natural and depleted uranium and nuclear fusion. The article outlines the basic elements of liability under Section 26 of the German Atomic Energy Act, which may become increasingly important in future due to recent developments such as the phasing out of nuclear power in Germany.

Sharing Residual Liability

DEFF Research Database (Denmark)

Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

2016-01-01

Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

Nuclear law: organization and responsibilities

International Nuclear Information System (INIS)

Ha Vinh Phuong.

1986-01-01

The paper emphasizes the importance of a special legislation insuring the governmental control of nuclear applications and other related activities. This legislation must establish the authority in charge for the development of peaceful applications of nuclear energy and the specialized body legally competent to insure an independent control of nuclear activities, it must define the principles and the conditions for licensing nuclear activities insuring the physical protection of nuclear materials and installations and must establish the specific rules for nuclear liability in the case of a nuclear accident. A list of IAEA publications related to the safety of nuclear power plants is included

General Principles Governing Liability

International Nuclear Information System (INIS)

Reyners, P.

1998-01-01

This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

International responsibility of using nuclear energy for peaceful purposes

International Nuclear Information System (INIS)

Ouenat, N.

2008-01-01

Although the stability of the idea of international responsibility in public international law, the international jurisprudence has not settled on a definition. The concept of international responsibility is no longer limited to the legal effects or consequences under international law to violate its provisions. The states recognized that the customary principles governing the international responsibility in public international law does not take into account the specificities of nuclear dangers, this sought to conclude a number of international conventions include a special system of nuclear liability not based on the wrongful act, but on the principle of keeping things, and it requires the existence of an international regime for nuclear liability in order to establish measures and procedures to achieve the implementation of the provisions for compensation unhindered by national legal systems. There is no doubt that the use of nuclear energy in time of peace falls within the scope of internationally prohibited acts. Atomic activities undertaken by the State within its borders for peaceful purposes are considered legitimate activities as long as they have taken necessary measures to avoid damage to neighboring countries. States has tended to conclude international agreements under which disputes that may result from the use of nuclear energy can be solved. The existing international legal framework on Civil Liability for Nuclear Damage consists of three major interrelated agreements: Paris Convention on civil liability in the field of nuclear energy, Vienna Convention on Civil Liability for civil damages and the Brussels Convention on Civil Liability in the Field of Maritime Carriage of Nuclear Materials.

Vienna convention on civil liability for nuclear damage

International Nuclear Information System (INIS)

1996-01-01

The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

Vienna convention on civil liability for nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-03-20

The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23.

International nuclear liability conventions: status and possible changes

International Nuclear Information System (INIS)

Reyners, Patrick.

1978-01-01

The table of ratifications and accessions annexed to this paper shows that despite the considerable progress achieved these past years and the entry into force of the Vienna Convention, the number of Contracting Parties to the Nuclear Civil Liability Conventions remains insufficient. The adaptation of the first of these Conventions - the Paris Convention - as well as its Brussels Supplementary Convention to the technical and economic developments which have taken place since their adoption should provide the means for encouraging their implementation at international level. The main amendments which are envisaged are replacement of the present unit of account by the Special Drawing Right, the increase of the amounts of liability and compensation and finally, the technical scope of the Paris Convention. (NEA) [fr

Environmental issues and the nuclear industry

International Nuclear Information System (INIS)

Castle, P.

1995-01-01

Health safety and environmental liabilities of the 'nuclear industry' reflect those of industry in general and may broadly be divided into two areas: criminal liability for regulatory non-compliance; and civil liability for damage caused to persons and their property (for example, neighbours, employees etc). In addition, environmental liability may be incurred as a result of powers of the regulatory authorities to clean up contamination and to recoup the cost. These are in addition to the regime of strict liability imposed, where relevant, by the Nuclear Installations Act 1965. In the case of environmental liabilities, 'owners;, 'occupiers', 'persons responsible', 'persons in control' may all be held to be liable and for the most part these terms remain undefined both under English law and European Community (now European Union) law. This potentially has ramifications for current and former owners and operators, their boards and senior managers, other employees, parent companies, shareholders and their lenders and investors - of particular relevance in the context of privatization. (author)

Spent nuclear fuel disposal liability insurance

International Nuclear Information System (INIS)

Martin, D.W.

1984-01-01

This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

The allocation of liability for nuclear risks - the UK standpoint

International Nuclear Information System (INIS)

Jenkin, J.W.L.

1983-01-01

While nuclear legislation in most countries channels liability for nuclear damage solely to the operator of a nuclear installation, contractors supplying equipment and services in the United Kingdom and abroad may be liable for nuclear risks in certain circumstances. This paper discusses the risks for which a contractor may be held liable and the uncertainties in their respect. It also suggests some steps that can be taken to ensure that such risks are borne by those who can most readily bear them. (NEA) [fr

Civil Liability for Environmental Damages

Directory of Open Access Journals (Sweden)

Daniela Ciochină

2012-05-01

Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

Nuclear insurance problems in Spain

International Nuclear Information System (INIS)

Gomez del Campo, Julian.

1977-01-01

The purpose of this paper is to study the problems raised in Spain by third party liability insurance for nuclear damage. National law in this field is based on the Paris Convention on nuclear third party liability and defines the conditions of liability of operators of nuclear installations. The insurance contract requirements must comply with the regulations on cover for nuclear risks, under the control of the Finance Ministry's competent services. Certain exceptional nuclear risks which cannot be covered entirely by ordinary insurance policies, are taken over by the Consorcio de Compensacion de Seguros which belongs to this Ministry. From the insurance viewpoint, the regulations make a distinction between nuclear and radioactive installations and nuclear transport. (NEA) [fr

Act No 6453 of 17th October, 1977 on civil liability for nuclear damage and criminal responsibility for acts relating to nuclear activities, and other provisions

International Nuclear Information System (INIS)

1978-01-01

This Act was published on 17 October 1977. It is based to a great extent on the provisions of the Vienna Convention on Civil Liability for Nucler Damage of 21 May 1963. Under the Act the operator of a nuclear installation is exclusively liable regardless of fault for compensation of nuclear damage due to a nuclear incident. This exclusive liability is limited to an amount equal to 1,500,000 Treasury Bonds and the operator must take out and maintain insurance or other financial security to cover his liability. The Federative Government will guarantee, up to the prescribed limit, payment of compensation for nuclear damage where it is acknowledged that the operator's liability is involved. As regards apportionment of compensation, persons are granted priority over property. This Act is original in that it contains provisions on criminal liability with penalties ranging from two to ten years imprisonment. (NEA) [fr

Nuclear liability legislation in Russia - current status and expected developments

International Nuclear Information System (INIS)

Karpov, A. E.; Borisov, D. G.

2000-01-01

Present report is provided by the experts of the Russian insurance business, a company member of the Russian Nuclear Pool, and not the experts of the Ministry of Atomic Energy of Russian Federation (RF Minatom). Considering the above, the following document will outline the current status of nuclear liability legislation and insurance in Russia from a viewpoint of the insurance companies and not RF Minatom. (author)

Civil liability in sports for commission merchant in Iran’s Law

OpenAIRE

Sead Hesam Bostani; Ali Ranjbar,; Seyed Mohsen Rosta,; Sead Jamal Bostani; Zahra Zare

2016-01-01

Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Notin...

Present status and prospects of the compensation system for nuclear damage in China

International Nuclear Information System (INIS)

Zhou, Z.; Liu, C.

1993-01-01

In handling liability for nuclear damage matters, China currently adheres to the rules stipulated in the administrative legal document regarding liability to third parties for nuclear damage enacted by the State Council, in which it is defined that the principles of absolute liability, limitation of liability and single competent court are applicable in China. The Chinese government shall enact state laws on liability for nuclear damage on the basis of the above-mentioned legal document and with active consideration of the function of the state in the compensation for nuclear damage

To What Extent International Law Constitutes an Appropriate Answer to Nuclear Accidents?

International Nuclear Information System (INIS)

Durand-Poudret, E.

2015-01-01

Regulating high risks activities has always been an ambitious task as the regime shall both prevent and compensate the potential damage of such activities. It becomes even more complex with nuclear energy as radioactivity possesses this transboundary character which implies an international cooperation. The need for an appropriate framework for nuclear energy started to raise in the 60s, when States realise that the classic liability system was not relevant for that kind of activity. The Paris and Vienna conventions were subsequently adopted in order to fill this legal gap. Nonetheless, the real turning point remains the Chernobyl accident which resulted in a considerable number of new international instruments as 5 conventions were adopted in the fields of safety and emergency preparedness within a 11 years period: the Convention on Early Notification of a Nuclear Accident, the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management and the Convention on Supplementary Compensation for Nuclear Damage. This catastrophe was also the occasion to identify and mitigate the shortcomings of the existing regime in undertaking a revision process through several supplementary protocols, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 25 years after Chernobyl, another tragic nuclear event occurred in Fukushima. Once again it challenged the efficiency of the existing international regime and raises the question as to whether international law represents a relevant solution to such accident. (author)

Transport and repair of contaminated nuclear components - liabilities and insurance

International Nuclear Information System (INIS)

Brunego, C.; Deprimoz, J.; Engelhard, M.

1983-01-01

The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

Essay on nuclear law

International Nuclear Information System (INIS)

Puig, Diva

1994-01-01

This book is divided in seven parts, covering international organizations in nuclear energy. agreements, nuclear laws and environment, national legislation program and Uruguayan legislation. The texts of the nuclear laws in Uruguay are reproduced, and several aspects on nuclear energy are discussed

The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

International Nuclear Information System (INIS)

Pelzer, Norbert

2015-01-01

International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

The convention on supplementary compensation for nuclear damage (CSC). A cornerstone of a global nuclear liability regime?

Energy Technology Data Exchange (ETDEWEB)

Pelzer, Norbert

2015-06-15

International discussions on compensation of nuclear damage seem to be governed by the magic word ''global nuclear liability regime''. It is said that only such regime promises to guarantee full and timely compensation at conditions acceptable and favourable for both the victims and the operator liable and at the same time promotes nuclear industry. Surely, nuclear incidents may have worldwide implications, and a globally unified legal framework appears to be desirable or is even necessitated. But until today we have not yet achieved a global regime. There are international nuclear liability conventions some of which may be qualified to form such regime. But which of them is best qualified and which one could be accepted by all States? Mainly the USA opt for, and strongly support, the 1997 ''Convention on Supplementary Compensation for Nuclear Damage'' (CSC) to be the only international instrument which is apt to form a global regime. This paper will deal with the question whether this assertion is convincing. It will also be asked whether we need a global regime.

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Medical liability and patient law in Germany. Main features with particular focus on treatments in the field of interventional radiology

International Nuclear Information System (INIS)

Sommer, S.A.; Geissler, R.; Stampfl, U.; Radeleff, B.A.; Kauczor, H.U.; Sommer, Christof M.; Richter, G.M.; Pereira, P.L.

2016-01-01

On February 26th, 2013 the patient law became effective in Germany. Goal of the lawmakers was a most authoritative case law for liability of malpractice and to improve enforcement of the rights of the patients. The following article contains several examples detailing legal situation. By no means should these discourage those persons who treat patients. Rather should they be sensitized to to various aspects of this increasingly important field of law. To identify relevant sources according to judicial standard research was conducted including first- and second selection. Goal was the identification of jurisdiction, literature and other various analyses that all deal with liability of malpractice and patient law within the field of Interventional Radiology - with particular focus on transarterial chemoembolization of the liver and related procedures. In summary, 89 different sources were included and analyzed. The individual who treats a patient is liable for an error in treatment if it causes injury to life, the body or the patient's health. Independent of the error in treatment the individual providing medical care is liable for mistakes made in the context of obtaining informed consent. Prerequisite is the presence of an error made when obtaining informed consent and its causality for the patient's consent for the treatment. Without an effective consent the treatment is considered illegal whether it was free of treatment error or not. The new patient law does not cause material change of the German liability of malpractice law.

Legal problems concerning the export of nuclear power plants

International Nuclear Information System (INIS)

Pierer, Heinrich von.

1977-01-01

The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

Nuclear operators' third party liability amounts and financial security limits (Last updated: December 2017)

International Nuclear Information System (INIS)

2017-12-01

This table aims to gather information on the amounts available to compensate potential victims of a nuclear incident in countries and economies having nuclear power plants and/or having ratified at least one of the international conventions on nuclear third party liability. In the table: Public funds correspond to the amounts provided from public funds beyond the Operator's Liability Amount to be made available by the States parties to the BSC or CSC according to such conventions, or by any public authority pursuant to applicable laws and regulations. International funds correspond to public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula provided in the respective conventions. The amount provided in the table corresponds to the total amount of the international funds calculated the day the table was updated. For the CSC international fund, an on-line calculator is available at https://ola.iaea.org/ola/CSCND/index.html Under Article V, subparagraph 1 of the Vienna Convention, 'The liability of the operator may be limited by the Installation State to not less than US $5 million for any one nuclear incident'. Subparagraph 3 of the same article further provides that 'The United States dollar referred to in this Convention is a unit of account equivalent to the value of the United States dollar in terms of gold on 29 April 1963, that is to say US $35 per one troy ounce of fine gold'. Therefore, in this table (1963: USD 5 million) means that a country applies the Operator's Liability Amount as provided under the Vienna Convention. With regard to the BSC, in 1992 the OECD Council issued a recommendation [C(92)166/FINAL] that the contracting parties to the BSC shall not invoke Article 3 (b)(i) of the BSC in cases where the amount of the insurance or other financial security of the operator is higher than SDR 175 million per incident (i.e. public funds tier) of the BSC. As a

Themes in nuclear law

International Nuclear Information System (INIS)

2003-01-01

The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers

Nuclear insurance and indemnity

International Nuclear Information System (INIS)

Kovan, D.

1976-01-01

A brief account is given of insurance protection in the nuclear industry, and the legislation involved. Aspects discussed are: third part liability and the role of government in setting the maximum amount of compensation; the development and concept of channelling the liability exclusively to the operator; the development of nuclear insurance facilities in Europe and the USA; and the emergence in Europe of international agreements on third party liability for protection of neighbouring countries in the event of a major accident. The development of liability law in the USA from the time of the Price Anderson Act of 1957 through subsequent legislation is described. (U.K.)

Decree No. 33/77 of 11 March approving ratification of the Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on 29 July 1960 and amended by the Additional Protocol, signed in Paris on 29 January 1964

International Nuclear Information System (INIS)

1977-01-01

This Decree, promulgated on 21 February 1977, approves ratification of the Paris Convention and reproduces the full text of the Convention in French, followed by its translation into Portuguese. The Paris Convention provides an exceptional nuclear liability system and its scope is limited to risks of an exceptional character for which common law rules and practice are not suitable. Under the Convention, liability is absolute, channelled onto the nuclear operator and limited in amount. (NEA) [fr

Nuclear Energy Law and Arbo Law/Safety Law

International Nuclear Information System (INIS)

Eijnde, J.G. van den

1986-01-01

The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

Nuclear Liability Act of 8 June 1972 as amended by the Act of 15 September 1989

International Nuclear Information System (INIS)

1989-09-01

The 1972 Nuclear Liability Act has been amended by an Act 1989 to bring its provisions in line with those of the Paris Convention and the Brussels Supplementary Convention as amended respectively by the 1982 Protocols. The 1989 Act also raises the limit of the nuclear operator's liability from 42 million Finnish marks (approximately 8 million Special Draing Rights - SDRs) to 100 million SDRs [fr

Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts

Directory of Open Access Journals (Sweden)

Esther Engelhard

2014-07-01

Full Text Available This contribution focuses on the égalité principle as the leading ground for liability after lawful acts by the State, local authorities and public authorities. Two Dutch legislative initiatives are dealt with in particular, that seek to codify, improve and expand égalité liability in administrative law, private law and criminal law. This will make the artificial égalité construction used in private law cases no longer necessary and legal reasoning more transparent. Further, the authors claim that Article 4:126 BW may open the possibility for new types of private law claims to be developed under this umbrella. However, their concerns are that the égalité principle is too vague to create the certainty and uniformity that the legislator aspires towards.

The maturity of Nuclear Law

International Nuclear Information System (INIS)

Martinez Favini, J.A.

1985-01-01

The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es

Some considerations on disciplinary liability overlapping criminal liability

Directory of Open Access Journals (Sweden)

Ştefania DUMITRACHE

2011-12-01

Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2003-07-01

The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2006-06-01

The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

Handbook on nuclear law

International Nuclear Information System (INIS)

Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

2006-02-01

The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

International Nuclear Information System (INIS)

Stephens, Michael E.; Brooks, Sheila M.; Miller, Joan M.; Mason, Robert A.

2011-01-01

In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The liabilities include shutdown research and prototype power reactors, fuel handling facilities, radiochemical laboratories, support buildings, radioactive waste storage facilities, and contaminated lands at several sites located across eastern Canada from Quebec to Manitoba. The largest site, Chalk River Laboratories (CRL) in Ontario, will continue as an operational nuclear site for the foreseeable future. Planning and delivery of the Program is managed by the Liability Management Unit (LMU), a group that was formed within AECL for the purpose. The composition and progress of the NLLP has been reported in recent conferences. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites, and by various technical groups as suppliers to the LMU. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (which will conclude 2011 March), in planning the five-year second phase (which is currently being finalized), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Progress in executing the Program was slower than anticipated due to less than ideal alignment between some planned technical solutions and the actual requirements, as well as the

10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

Science.gov (United States)

2010-01-01

... 10 Energy 2 2010-01-01 2010-01-01 false Appendix A-Form of nuclear energy liability policy for facilities. 140.91 Section 140.91 Energy NUCLEAR REGULATORY COMMISSION (CONTINUED) FINANCIAL PROTECTION... other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act. Nuclear...

International nuclear energy law - present and future

International Nuclear Information System (INIS)

Barrie, G.N.

1988-01-01

International nuclear energy law, as discussed in this article, is the law relating to the global, peaceful uses of nuclear science and technology. The position of nuclear law in the wide realm of law itself as well as the present status of nuclear legislation is assessed. This article also covers the development of international nuclear energy law, from the first nuclear law - the New Zealand Atomic Energy Act of 1945-, the present and the future. National and international organizations concerned with nuclear energy and their contribribution to nuclear law are reviewed

State and perspectives of Czechoslovakian nuclear law

International Nuclear Information System (INIS)

Bezdek, R.

1992-01-01

In Czechoslovakia, the peaceful utilization of nuclear energy is governed by a series of legislative norms of varied character and legal power. The most important are the Act No. 194/1988 and the Act No. 28/1984. The former defines the competence of the Czechoslovak Atomic Energy Commission (CAEC), which is the central authority of state administration in the field of utilization of nuclear energy. The latter deals with the State inspection for the nuclear safety of nuclear facilities. In accordance with this Act, the CAEC is the competent authority for the licensing and inspection of nuclear safety. In addition to the two main Acts, a series of CAEC Regulations govern nuclear activities (accounting and control of nuclear materials, radioactive waste management, physical protection, qualifications of personnel in nuclear facilities, quality assurance, etc.). There is no specific legislation governing nuclear third liability. The solution for the various shortcomings of the contemporary codification lies primarily in change of the present codification. This change, however, should not mean a general and indiscriminate ''destruction'' of the legal norms in force at present, but in gradual and purposive creation of an integral, legal system capable of reacting flexibly, the core of which would consist of an Act concerning the peaceful utilization of nuclear energy and on liability for nuclear damage. (author)

Reflections on drafting of civil liability clauses and solving of disputes in supply contracts throughout the nuclear fuel cycle

International Nuclear Information System (INIS)

Virole, jean.

1977-01-01

The lengthy duration and diversity of the stages of the fuel cycle and the geographical distribution of the nuclear industries give the contracts for carrying out the different operations such flexibility that in order to settle disputes concerning notably but not exclusively liability, reference may be made to different legal systems according to whether the regulations of international public or private law can be applied. The options provided for co-contractors in view of the flexibility of the contracts lead to adoption of varying clauses for settling disputes according to the different industrial achievements envisaged. (NEA) [fr

Sustainable development and nuclear liability

International Nuclear Information System (INIS)

Schwartz, J.

2001-01-01

Although the high safety standards of the nuclear industry mean that the risk of an accident is low, the magnitude of damage that could result to third parties from such an accident is considerable. It was thus recognised from the very inception of the nuclear power industry that a special legal regime would need to be established to provide for the compensation of victims of a nuclear accident. The ordinary rules of tort and contract law were simply not suited to addressing such a situation in an efficient and effective manner. (authors)

14th German nuclear law symposium

International Nuclear Information System (INIS)

Burgi, Martin

2013-01-01

Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.

New law on extension of liability for nuclear obligations unconstitutional

International Nuclear Information System (INIS)

Posser, Herbert

2015-01-01

The provisions of the draft law are highly relevant with regard to fundamental rights and do not stand up to the required proportionality scrutiny. The following fundamental rights are affected: Article 14 (1), (2) GG (German Basic Law): guaranteed right to property; Article 12 (1) GG: freedom of occupation; Article 9 (1) GG: freedom of association; Article 2 (1) GG: general freedom of action; Article 3 (1) GG: equality before the law. In view of the German system of contingency reserves, which is tried and tested in practice and which has been working for 40 years without objections or failure, the envisaged provisions are not necessary, to begin with. If the draft law such as it is today became actual legislation, this would evidently be contrary to the constitution.

Ways and means of insuring against nuclear risks

International Nuclear Information System (INIS)

Campbell Miles, A.

1975-01-01

Despite stringent safety requirements imposed upon nuclear installations, the need for adequate insurance cover is motivated by the consideration that a nuclear accident could lead to very grave consequences. To marshal the large insurance capacity required, national pools were formed in many countries, which may enter into arrangements with other similar national pools to increase their own capacity with a view to an appropriate spread of the risks involved. In the absence of a national nuclear pool, application for nuclear insurance would normally be made to the national insurance market association concerned. Virtually every type of nuclear risk is insurable; various forms of material damage and liability insurances are available. The financial liability of nuclear operators is established by national legislation on the basis of international conventions. Insurance coverage is linked to the operator's amount of liability established by law. A third party nuclear liability insurance policy usually consists of three parts: Part I covers the operator's liability under his domestic nuclear legislation; Part II provides non-nuclear power for accidents on the site up to a separate liability limit selected by the operator; and Part III provides cover for costs. Other types of insurance deal with damage to the site and the installation (material damage), consequential losses, contingent liabilities of suppliers of goods and services (products liability), nuclear material in transit and nuclear-propelled ships. (author)

Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

International Nuclear Information System (INIS)

Handrlica, Jakub

2017-01-01

This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

Order on nuclear third party liability (ORCN) Amendment of 2 December 1985

International Nuclear Information System (INIS)

1985-01-01

According to the 1983 Act on Nuclear Third Party Liability the Federal Council must increase the minimum amount of three hundred million francs covered by private insurance when the insurance market offers a higher coverage at acceptable conditions. The Swiss insurers being in a position to cover the sum of four hundred million francs as from January 1986, the Government accordingly amended the Ordinance of 5th December 1983 on Nuclear Third Party Liability (ORCN). The Confederation continues to act as an insurer for the difference between this amount and one thousand million francs; contributions due in this respect will be reduced to take account of the greater sum to be covered by private insurance. The New Ordinance entered into force on 1st January 1986. (NEA) [fr

Efficient prevention and compensation of catastrophic risks - the example of nuclear accidents

International Nuclear Information System (INIS)

Vanden Borre, T.

2002-01-01

The document is an abstract of a PhD thesis. The thesis critically reviews key elements of the current nuclear liability law, in particular the limitation of liability and discusses the benefits and disadvantages of nuclear insurance pools and collective systems of operators (captives)

Themes in nuclear law; Temas de Derecho Nuclear

Energy Technology Data Exchange (ETDEWEB)

NONE

2003-07-01

The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers.

Nuclear law reviewed

International Nuclear Information System (INIS)

1970-01-01

When an Agency Seminar on the Development of Nuclear Law was held in Bangkok during April, those taking part included two previous trainees with the Agency's Legal Division. Both hold important positions with their national Atomic Energy Commissions, one as Legal Adviser and the other as Chief Legal Officer. All others who attended are closely associated with drafting laws and regulations for nuclear activities. (author)

New Tool to Draft National Nuclear Laws. Second Nuclear Law Handbook Available Online

International Nuclear Information System (INIS)

Kaiser, Peter

2011-01-01

Drafting new national nuclear laws and reviewing existing laws and regulations requires extensive and specialized expertise. For many countries this represents a significant challenge. The IAEA's legislative assistance programme was established to help Member States adopt adequate national nuclear legislation. In 2003, the legistlative assistance programme published the Handbook on Nuclear Law. The reference text provides a fundamental understanding of the key elements and principles of national nuclear legislation. The Handbook is widely utilized by Member States, industry and experts. A second volume of the Handbook was released during the IAEA's 54th General Conference, which convened in Vienna from 20 to 24 September 2010.

The ERICAM model: a proposal for amelioration of nuclear liability by funding on the capital markets

International Nuclear Information System (INIS)

Tyran, J.R.

1995-01-01

The ERICAM model (Environmental Risk Internalization through Capital Markets) includes the capital markets as a source contributing to the coverage of risks due to nuclear activites, thus enhancing the effectiveness and functions of the nuclear liability law. The model proposed will allow higher amounts for compensation and will increase financial security, flow of information, and efficient use of resources. The implementation of the model can be achieved on the financing side by issuing Nuke bonds, linking accident-specific options to government bonds. This will essentially increase the risk coverage compared to present means, and will be a pin-pointed addition to the existing layer system. There are three institutions proposed to act as mediators in the implementation of the model: A government authority to supervise the trade in Nuke bonds. Risk-bearing associations in oder to enhance the model's efficiency, and to reduce transaction costs. Rating agencies that will reduce the expenditure for information. (orig./HP) [de

Suicide and psychiatrist's liability in Italian law cases.

Science.gov (United States)

Terranova, Claudio; Sartore, Daniela

2013-03-01

The aim of the study is to analyze the factors that are most frequently associated with a verdict of guilty delivered to the psychiatrist in cases of a patient's suicide in Italian law. Twenty-six sentences (1975-2009) were analyzed according to the claim of malpractice, patient characteristics, circumstances of the suicide, and reasons for the court's judgment. The court held the psychiatrist guilty in 12 cases, considering that the act of suicide was predictable and could have been avoided. Predictability was mainly related to errors in surveillance (7 cases), therapy (1 case), or both (2 cases). An error in diagnosis was considered to be related to the patient's death in two cases. Analysis of medical behavior considered to be erroneous and associated with a verdict of guilty provides an opportunity to discuss the topics relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of patient suicide. © 2012 American Academy of Forensic Sciences.

Report on the 14{sup th} regional conference of the German Branch of the International Nuclear Law Association; Aus der Werkstatt des Nuklearrechts. Bericht ueber die 14. Regionaltagung der Deutschen Landesgruppe der AIDN/INLA

Energy Technology Data Exchange (ETDEWEB)

Feldmann, Ulrike

2015-12-15

The 14th Regional Conference of the German National Group of the Association Internationale du Droit Nucleaire/International Nuclear Law Association was held in Nuremberg on 28 and 29 September 2015. About 100 participants from Germany and abroad participated the conference. The topics of the five Working sessions were: - Turnkey - a viable contractual concept for nuclear new build and decommissioning?; - Access to justice in environmental law and related to international investments disputes; - Nuclear Liability - Latest Developments; - Legal requirements on the final disposal of nuclear waste - a Global overview; - Nuclear Safety in the EU.

Nuclear liability insurance problems and trends as seen by the European utilities

International Nuclear Information System (INIS)

Gulck, Albert van.

1978-01-01

After recalling the basic principles of nuclear civil liability conventions, the author describes the different types of damage presently covered by nuclear insurance. Also, a Study Committee was created in Western Europe in 1974 to examine the possibility of setting up a mutual pool to cover risks such as fire and property damage in nuclear installations. In the immediate future machinery breakdown and all risk coverage on-site will not be covered. This mutual pool will widen the nuclear insurance market in the coming decades. (NEA) [fr

The law of unintended (financial) consequences: the expansion of HIPAA business associate liability.

Science.gov (United States)

Tomes, Jonathan P

2013-01-01

The recent Omnibus Rule published by the Department of Health and Human Services greatly expanded liability for breaches of health information privacy and security under the HIPAA statute and regulations. This expansion could have dire financial consequences for the health care industry. The Rule expanded the definition of business associates to include subcontractors of business associates and made covered entities and business associates liable for breaches of the entities who perform a service for them involving the use of individually identifiable health information under the federal common law of agency. Thus, if a covered entity or its "do wnstream" business associate breaches security or privacy, the covered entity or "upstream" business associate may face HIPAA's civil money penalties or a lawsuit. Financial managers need to be aware of these changes both to protect against the greater liability and to plan for the compliance costs inherent in effectively, if not legally, making business associates into covered entities.

The order for enforcing the law on indemnity agreement for compensation of nuclear damage

International Nuclear Information System (INIS)

1987-01-01

This report shows the Cabinet Order No.46 of March 6, 1962. The Order consists of eleven Articles. The provisions under Article 1 and Article 2 specify requirements for conforming to the Law concerning Contract for Compensation and Indemnity for Nuclear Energy Loss. The provisions under Article 3 provide for the compensation premium rate (5/10,000). Data to be reported to the government are given under Article 4. Such data include purpose, type and thermal output of the reactor; location and structure of the nuclear reactor facilities; arrangements in the nuclear reactor facilities; plan for operation of the nuclear reactor; type and yearly amount of nuclear fuel substances used; method for disposal of spent fuel; matters concerning contract for liability insurance; location, structure, etc. of processing facilities, reprocessing facilities and waste disposal facilities; route and method for transporting materials contaminated with nuclear source materials or nuclear fuel substances; etc. Managers of nuclear energy business should pay the security money every year, which goes to the national treasury. (Nogami, K.)

The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

Energy Technology Data Exchange (ETDEWEB)

Gomez del Campo, J.

2011-07-01

Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

The international nuclear liability and compensation regime put to the test of a nuclear accident

International Nuclear Information System (INIS)

Reyners, P.; Tetley, M.

2003-01-01

Full text: It appears that nuclear emergency plans place generally more emphasis on the nuclear safety and radiation protection aspects of the management of an accident, both inside the installation concerned and off-site, than on the particular requirements of local residents who would find themselves suddenly in such an emergency situation and of possible victims of nuclear damage. In a similar vein, studies focusing on the international nuclear third party liability regime usually take a global perspective and leave little room for the treatment of individual cases. The albeit welcome dearth of practical experience in Western countries in providing compensation for accidents of nuclear origin has, however, meant that public and local authorities are not always fully conscious of the importance of this question which should be dealt with in as practical a manner as possible. In order to cover all the legal and practical questions that could arise during the management of the consequences of a nuclear accident with regard to third party liability, insurance and compensation, the OECD/NEA held in co-operation with French authorities a workshop in November 2001. It was decided to organize this workshop according to three main stages: the alert phase, the accident phase and the post-accident phase; and to examine during these three stages the various roles played by local and national authorities, the nuclear operator and his insurer, as well as the nature and form of their respective actions. These questions were addressed both from the angle of applicable domestic legislation and of the relevant international conventions. From the analysis of different national experiences and of the information exchanged during the workshop, a striking diversity may be noted of solutions adopted or envisaged to address various aspects of civil liability, insurance and indemnification of damage in a nuclear emergency situation. This lack of uniformity should not necessarily be

The order for enforcing the law on indemnity agreement for compensation of nuclear damage

International Nuclear Information System (INIS)

1980-01-01

The cabinet ordinance is established under the provisions of the law concerning atomic energy damage indemnification contract. The damage indemnifications in this law cover the occasions when there is not the cause for atomic energy damages due to the violation of the specified provisions of the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors, the failures of operation facilities for reactors and natural calamity or the deed of a third party. The rate of indemnification fees is stipulated at 5/10,000. An enterpriser of atomic energy business shall inform the following matters to the government concerning the indemnification contracts. The objects of operation of reactors; the types, thermal output and number of reactors; the names and addresses of works or places of business where reactors are set up; the locations, structures and equipments of reactor facilities; beginning dates and expected ending dates of the operation on reactors; the kinds and estimated quantities of use in a year of nuclear fuel materials employed for reactors; the methods of disposal of spent fuels and the matters concerning liability insurance contracts. The matters to be reported to the government are specified respectively for the indemnification contracts for the processing, reprocessing, use, transport and disposal of nuclear fuel materials. The payment of indemnification fees and indemnities, the cancellation of indemnification contracts and the fines for default are particularly defined. (Okada, K.)

Liability of German suppliers and service providers for foreign projects

International Nuclear Information System (INIS)

Raetzke, Christian

2017-01-01

Main topic is the question of the extent to which German plant constructors, suppliers, engineering consultants, experts or operators expose themselves to liability for the delivery of their products and services abroad. In principle, in almost all nuclear power countries, liability is channelled to the operator; suppliers and service providers are exempted from liability. However, there are conceivable cases in which this principle does not apply. This can occur, for example, if a major accident is assumed to have an impact on neighbouring countries of the country of destination; here, depending on the applicable law, the German supplier or service provider could be ordered to pay for damages. The risk of liability remaining in this way can be reduced if necessary by means of an exemption clause in the supply contract. The regulation of the operator's recourse to the contractor, insofar as the latter is responsible for the accident, and the - controversial -question of to what extent damage to the plant itself gives rise to claims for damages by the operator against the contractor are also discussed.

Effects of dram shop liability and enhanced overservice law enforcement initiatives on excessive alcohol consumption and related harms: Two community guide systematic reviews.

Science.gov (United States)

Rammohan, Veda; Hahn, Robert A; Elder, Randy; Brewer, Robert; Fielding, Jonathan; Naimi, Timothy S; Toomey, Traci L; Chattopadhyay, Sajal K; Zometa, Carlos

2011-09-01

Dram shop liability holds the owner or server(s) at a bar, restaurant, or other location where a patron, adult or underage, consumed his or her last alcoholic beverage responsible for harms subsequently inflicted by the patron on others. Liability in a state can be established by case law or statute. Overservice laws prohibit the sale of alcoholic beverages to intoxicated patrons drinking in on-premises retail alcohol outlets (i.e., premises where the alcohol is consumed where purchased); enhanced enforcement of these laws is intended to ensure compliance by premises personnel. Both of these interventions are ultimately designed to promote responsible beverage service by reducing sales to intoxicated patrons, underage youth, or both. This review assesses the effectiveness of dram shop liability and the enhanced enforcement of overservice laws for preventing excessive alcohol consumption and related harms. Studies assessing alcohol-related harms in states adopting dram shop laws were evaluated, as were studies assessing alcohol-related harms in regions with enhanced overservice enforcement. Methods previously developed for systematic reviews for the Guide to Community Preventive Services were used. Eleven studies assessed the association of state dram shop liability with various outcomes, including all-cause motor vehicle crash deaths, alcohol-related motor vehicle crash deaths (the most common outcome assessed in the studies reviewed), alcohol consumption, and other alcohol-related harms. There was a median reduction of 6.4% (range of values 3.7% to 11.3% reduction) in alcohol-related motor vehicle fatalities associated with the presence of dram shop liability in jurisdictions where premises are licensed. Other alcohol-related outcomes also showed a reduction. Only two studies assessed the effects of enhanced enforcement initiatives on alcohol-related outcomes; findings were inconsistent, some indicating benefit and others none. According to Community Guide rules

European Energy Law. Report VII

Energy Technology Data Exchange (ETDEWEB)

Hammer, U.; Roggenkamp, M.M. (eds.)

2010-04-15

The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

Limitation of Liability and Governing Law for Accidents Occurring before Issuance of Bill of Lading

Directory of Open Access Journals (Sweden)

Jung Sun Lee

2018-03-01

Full Text Available The purpose of this study is to verify the carrier's liability limitation through analyzing two cases. According to the court judgments in the two cases, if the accident occurs during the shipment without issuance of Bill of Lading (B/L, the reverse-side clause of B/L does not apply to the calculation of damage, and the law of the country most closely related to both parties is set as the governing law. The absence of a timely B/L often occurs in transport practice due to the complicated nature of transport practice. So, through analyzing the court judgments in the two cases, this study recommends that transport parties take precautions. First, in order to reduce and settle disputes arising from the absence of evidence of transportation contracts, it is necessary to issue a received B/L bearing in mind the risk of accidents occurring during the shipment process. Second, the use of a Sea Waybill (SWB which can be issued after the receipt of a cargo shipment, can be an alternative, except when a Letter of Credit (L/C requires a B/L. Finally, expanding the function of the Commercial Invoice (C/I to allow it to serve as evidence of the contract of carriage by inserting the contract of carriage phrase into the C/I when the B/L is not issued could be an alternative. Keywords: Limitation of Liability of Carrier, Governing Law, Bill of Lading

Liability law. Amendment to the legal compensation regulations of August 16th, 1977 - BGBI 1977, I, p. 1577

Energy Technology Data Exchange (ETDEWEB)

1977-10-01

On account of this amendment, the absolute liability, pursuant to section 1 a of the Reichshaftpfichtgesetz (RHG) so far only applicable for gas and electricity lines, has now also been entended to pipes for steam and liquids. Deviating from the present law, not only transport pipelines, but also the production pipelines are included. The maximum liability amounts were increased drastically. For injuries to persons, the compensation to be paid now is 30,000 DM at the most as against 15,000 DM previously. The highest sum for material damage, since 1939 unchanged at 25,000 DM, was put up to 100,000 DM.

Compensation for damages in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

Energy Technology Data Exchange (ETDEWEB)

Leger, M. [CEA Saclay, 91 - Gif sur Yvette (France)

2011-01-15

This article presents the system of compensation for damages in case of a nuclear accident. This system of civil liability for nuclear damage, as a specific regime, departs on several points from the common rules of civil liability, in order to provide an adequate and equitable compensation for the damages suffered by the victims of nuclear accidents. The French system of civil liability for nuclear damage results from two International Conventions integrated in French law (Paris convention 1960 and Brussels convention 1963) and the French law of 1968, October 30 on civil liability in the area of nuclear energy. These texts define the conditions under which a nuclear operator could be held liable in case of a nuclear accident. The protocols to amend the Paris and Brussels Conventions of 2004, not yet come into force, are also presented. They ensure that increased resources are available to compensate a greater number of victims of a nuclear accident. (author)

Civil liability: quantitative and qualitative limitations analysis in the occurrence of a nuclear disaster in view of international conventions

International Nuclear Information System (INIS)

Eiras, S.A.

1994-01-01

The Paris and Vienna Conventions were involved to establish the liability regime aiming the public protection without decrease in the development at nuclear area. The proposal of this work is to discuss the lacks and limitations of these to both Brazilian reality and Brazilian legislation, and analyze limitations in civil liability in the occurrence of nuclear disaster. (author). 7 refs, 1 tab

Natural Disaster as a Reason to Annul the Nuclear Liability: From National and International Law’s Perspective

International Nuclear Information System (INIS)

Taufiq, D.

2016-01-01

One serious issue that deserves more attention from Indonesia before constructing its first NPP, regarding its ''ring of fire'' geological position, is the natural disaster as a reason to annul the nuclear liability. Article 32 of Act No 10 Year 1997 on Nuclear Energy stipulates that ''nuclear installation operator shall not be responsible for the damage caused by a nuclear accident that occurred as a direct impact of a domestic or international armed conflict or natural disaster that exceeded the design limits and acceptance criteria set by the regulatory body.'' In its explanation natural disaster includes earthquakes. This article adopts the provision of article IV paragraph 3b 1963 Vienna Convention on Civil Liability for Nuclear Damage. But, in 1997 Amendment Protocol, this provision has been deleted. Natural disasters often referred to as an ''act of god'' because it occurs outside the control of the human. Nevertheless, not all natural disasters could cause the operator to annul its civil liability. The most important question is: ''has the operator taken all necessary preventive actions to prevent accidents, before and during the natural disaster?''

Negative liability

NARCIS (Netherlands)

Dari-Mattiacci, G.

2009-01-01

Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

The contribution of industry to complementary financing of nuclear liability risk

International Nuclear Information System (INIS)

Delpirou, D.

1993-01-01

The members of OPEN (Association of Nuclear Energy Producers) and UNIPEDE (International Union of Producers and Distributors of Electrical Energy) consider that the creation of a pooling system intended to have industry provide complementary financing of nuclear liability risk cannot be taken for granted at the current stage of discussions. If such a system was set-up, it should respect the following principles: free organization of pools by operators and voluntary association of members; creation of pools on a regional basis; setting of a reasonable maximum contribution for each nuclear installation; system of post event contributions; flexible and economic management of funds

Act No 91 of 25 February 1976 amending amounts and limits of the Civil Law

International Nuclear Information System (INIS)

1974-01-01

The Federal Act of 29th April 1964 on Liability for Nuclear Damage - Atomic Liability Act - was amended by Section XXXIII of the Federal Act of 25th February 1976 Amending Amounts and Limits of the Civil Law; the latter Act entered into force on 1st April 1976. The Atomic Liability Act establishes maximum amounts of liability of operators of nuclear installations and carriers of nuclear substances, as well as of holders of radioisotopes. With respect to operators of nuclear installations and carriers, this amount is fixed at 500 million Austrian Schillings. In the case of installations for nuclear fusion and particle accelerators, this sum is reduced to AS 3 million. Compensation for death and personal injury, which was originally limited to AS 600,000 per person, has now been raised to AS 1.2 million. As regards the holder of radioisotopes, the maximum amount of his liability depends on the radioactivity and radiotoxicity of the radioisotopes and on whether they are in open or sealed form. The penal provisions were equally amended. (NEA) [fr

Nuclear laws and radiologic accidents

International Nuclear Information System (INIS)

Frois, Fernanda

1997-01-01

Some aspects of the nuclear activities in Brazil, specially concerning the Goiania s accident are demonstrated using concepts from environmental and nuclear law. Nuclear and environmental competence, the impossibility of the states of making regional laws, as the lack of regulation about the nuclear waste, are discussed. The situation of Goiania when the accident happened, the present situation of the victims and the nuclear waste provisionally stored in Abadia de Goias is reported

Protocol to amend the Vienna convention on civil liability for nuclear damage

International Nuclear Information System (INIS)

1998-01-01

The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

Protocol to amend the Vienna convention on civil liability for nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-22

The document reproduces the text of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage which was adopted by a Diplomatic Conference, 8-12 September 1997, and the consolidated text of the 1963 Vienna Convention as amended by the Protocol

View points on a not well known law, the nuclear law

International Nuclear Information System (INIS)

Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

2018-01-01

While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities - Sweden

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects (The Environmental Code, Environmental impact statement, Permit under the Environmental Code)); 5. Trade in nuclear materials and equipment; 6. Radiological protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability (The Nuclear Liability Act; Chernobyl legislation); II. Institutional Framework: 1. Ministries with responsibilities concerning nuclear activities (Ministry of the Environment; Ministry of Enterprise, Energy and Communications; Ministry of Justice; Ministry of Foreign Affairs); 2. Swedish Radiation Safety Authority

International nuclear law

International Nuclear Information System (INIS)

Mello, M.M. de.

1981-01-01

The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt

VOLUNTAS - SCIENTIA - IGNORANTIA AND THE ADDITIONAL LIABILITY OF HEAD OF FAMILY/ SLAVE OWNER FOR THE CONTRACTUAL OBLIGATIONS MADE BY PERSONS UNDER HIS POWER (ALIENI IURIS IN ROMAN LAW

Directory of Open Access Journals (Sweden)

Aldona R. Jurewicz

2016-12-01

Full Text Available In Roman law the liability for contractual obligations was initially based on the objective premise - the creation of the vinculum iuris (legal bond. During the development of the system of formulary procedure the praetor began to consider the subjective premises of obligation liability, such as voluntas,scientia or ignorantia agens. As for the additional liability in Roman law, this kind of liability may have resulted from the ignorantia, scientia or demonstrated voluntas of head of family/slave owner. These subjective bias’s of the contractual liability diversified its scope - from the lesser degree (based on de peculio, de in rem verso through tightened (on the base of in tributum vocariup to most wide scope of liability (in solidum based on the voluntas of the head of family/slave owner. The voluntas should be always demonstrated, in the case of scientia the declaration of will was needed only in the case of opposition from the head of family/slave owner. Precise differentiation of the subjective bases of the additional liability of superior is the effect of the interpretation of the edict of praetor urbanus by classical jurists.

Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

International Nuclear Information System (INIS)

1998-01-01

The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

Protocol to amend the Vienna convention on civil liability for nuclear damage. Convention on supplementary compensation for nuclear damage. Final act

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-23

The document reproduces the Final Act of the Diplomatic Conference held in Vienna between 8-12 September 1997 which adopted the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, and the Convention on Supplementary Compensation for Nuclear Damage

The New International Nuclear Liability Conventions: Status of their Implementation into National Legislation

International Nuclear Information System (INIS)

Schwartz, J.

2008-01-01

Over the last decade or so, a number of significant improvements have been made to the international nuclear liability regimes. The first major advancement was the adoption, in September 1997, of the Protocol to amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (VC Protocol) and of a new Convention on Supplementary Compensation for Nuclear Damage (CSC). This was followed, in February 2004, by the adoption of Protocols to amend both the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (PC Protocol) and the 1963 Brussels Convention Supplementary to the Paris Convention (BSC Protocol). The principle goal of these new instruments is to provide more compensation to more victims in respect of more types of nuclear damage suffered than ever before. A second objective, at least for the VC and PC Protocols, is to maintain compatibility between the Paris and Vienna Conventions, thereby ensuring the smooth functioning of the 1988 Joint Protocol Relating to the Application of the Vienna Convention (VC) and the Paris Convention (PC). In addition, both Vienna and Paris Convention States wish to ensure that the newly revised Conventions will not prevent them from joining the global liability and compensation regime established by the CSC, should they so wish. However, one wonders to what extent these new instruments will attract a sufficient number of adherents to make them truly effective. While the VC Protocol is already in force, it has drawn surprisingly little support from the 1963 Vienna Convention States and even less from those countries with important nuclear generating capacity but which have not yet joined any of the international nuclear liability and compensation instruments. For its part, and notwithstanding its adoption almost 10 years ago, the CSC has not yet entered into force and only the future will tell whether it ever will, particularly given its strict requirements in this regard. As for the PC and BSC

Brazilian nuclear legislation. Revision n.1/2002; Legislacao nuclear brasileira. Revisao n. 1/2002

Energy Technology Data Exchange (ETDEWEB)

Matos, Gilberto Cardoso de

2002-07-01

This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included.

No 2943. Project of law relative to nuclear transparency and safety; N. 2943. Projet de loi relatif a la transparence et a la securite en matiere nucleaire

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-03-15

This project of law comprises 5 titles dealing with: 1 - general dispositions: definition and scope of nuclear safety, security, radiation protection, operators liability, facilities in concern; 2 - the high nuclear safety authority: role and duties; 3 - public information in the domain of nuclear safety and radiation protection: information right of the public, local information commissions, high committee for nuclear safety transparency and information; 4 - basic nuclear facilities and transport of radioactive materials: applicable rules, police controls and measures, penal dispositions (investigations, sanctions); 5 - miscellaneous dispositions: changes made with respect to previous legislative texts. (J.S.)

International School of Nuclear Law

International Nuclear Information System (INIS)

Anon.

2004-01-01

This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

Royal Order of 13 May 1980 fixing the maximum amount of liability of the operator for damage caused by a nuclear incident

International Nuclear Information System (INIS)

1980-01-01

The purpose of this Order is to raise the maximum liability of the nuclear operator to one milliard Belgium francs per nuclear incident. This measure was taken with a view to keeping the operator's maximum liability at least at a constant value. (NEA) [fr

The Liabilities Management Group

International Nuclear Information System (INIS)

Whitehead, A.W.

1998-01-01

The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

Nuclear third party liability and insurance - Status and prospects. Proceedings of the Munich symposium, 10th-14th September 1984

International Nuclear Information System (INIS)

1985-01-01

A symposium on Nuclear Third Party Liability and Insurance, organised by the OECD Nuclear Energy Agency and the International Atomic Energy Agency in 1984 reviewed the fundamental principles of the nuclear third party liability regime and discussed the relationship of the insurance market with the international Conventions in this field. It also examined the concept of nuclear damage and a number of new issues raised by technical developments such as long-term radioactive waste management and decommissioning of nuclear installations. These proceedings reproduce the papers presented, in English or French, as well as the ensuing discussions and panel discussions. (NEA) [fr

Direct liability of corporations and their personnel under CERCLA

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

Nuclear Law: A Key Against Nuclear Terrorism

International Nuclear Information System (INIS)