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Sample records for nuclear liability law

  1. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  2. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  3. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  4. Reciprocity in nuclear third-party liability law

    International Nuclear Information System (INIS)

    Moser, B.

    1992-01-01

    The Pariser Convention, with its additional protocols, offers a substantial simplification of that part of nuclear law relating to international private and procedural law. This concerns, inter alia, the maximum ceiling of liability of a nuclear operator for damage caused by a nuclear incident. The paper presents in detail how the legislation of various contracting Parties to the Paris Convention and noncontracting parties deals with the question of reciprocity in nuclear civil liability and procedural law. The Vienna Convention on liability for nuclear damages of 1963, which is international private and procedural law. (orig./HSCH) [de

  5. 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

  6. 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

  7. International law on nuclear liability - a critical approach

    International Nuclear Information System (INIS)

    Lopuski, J.Z.

    1995-01-01

    The author discusses in detail the following topics: Compensation for domestic nuclear damage and for transfrontier nuclear damage - rule of formal equality of parties which belongs to the basic rule of civil law considering the position of domestic and foreign victims of a grave accident-juridical consequences of the preponderant role played by the state in the promotion, development and supervision of the nuclear industry-rationale for applying the concept of global limitation of liability in the law on nuclear liability and compensation - financial consequences of uncompensated nuclear damage, borne by the victims directly affected or spread over the whole community of the affected state? (HP)

  8. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  9. Reciprocity within the framework of nuclear civil liability law

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1986-01-01

    With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

  10. Plight of China nuclear liability law and solutions of nuclear operating companies

    International Nuclear Information System (INIS)

    Su Guangchao; Wang Yonggang; Tang Yangyang

    2010-01-01

    With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

  11. Liability in Employment Law

    OpenAIRE

    Lang, Roman

    2006-01-01

    97 Liability in labour law Summary This diploma paper analyzes liability in labour law with focus on liability for damage. At first the diploma paper introduces conception of liability in general and idea of liability in labour law considering different position of employee and employer in labour relations. The diploma paper then enumerates the types of labour-law liability. The next chapter concentrates on liability for damage. This chapter describes characteristic features of liability for ...

  12. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  13. 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

  14. Nuclear liability - nuclear insurance

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    In the fourth concluding article on this subject (following articles in VW 1981 pp. 483, 552 and 629), the author explains procedures, duties and obligations according to the Para. Para. 5, 6 and 7 of the AHBKA. These obligations are to be observed before or after the occurrence of damages. In addition, legal consequences following violations of duties - loss of right - joint, insurance, transfer ban, period for filing suit, duty to notify, 'The German Nuclear Reactor Insurance and Reinsurance Community', the insurance according to the 'General terms and conditions governing the liability insurance of licensed activities involving nuclear fuels and other radioactive substances outside nuclear installations (AHBStr.)', object, beginning and exclusion of coverage, 'Special conditions governing the transport of nuclear fuels according to Para. 25 (2) of the Atomic Energy Law' are attached to the General Terms and Conditions governing the liability insurance of licenced activities involving nuclear fuels and other radioactive substances outside nuclear installations. (HSCH) [de

  15. Aspects of the Brazilian law on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Rocha, L.M.G. da

    1980-06-01

    The civil liability for nuclear damage in the Brazilian law is analysed. The innovations introduced by the 6.453 act of October 17 th, 1977 are emphasized. The influence of international conventions on the Brazilian law are also mentioned. (A.L.) [pt

  16. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    Energy Technology Data Exchange (ETDEWEB)

    Eiras, Sergio Alves; Couto, Roberto Toscano [Instituto de Engenharia Nuclear (IEN), Rio de Janeiro, RJ (Brazil)

    1995-12-31

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs.

  17. Nuclear energy: liability for damage to the environment according to the National Environmental Law

    International Nuclear Information System (INIS)

    Eiras, Sergio Alves; Couto, Roberto Toscano

    1995-01-01

    Liability for damage of the environment is the kind of subject which arouses heated debates in the nuclear energy field among the jurists. Brazil lacks a specific environmental law upon which settlement on questions of nuclear damage could be based. In spite of such lackness, considerable progress has been achieved with the obligatory elaboration of the Environmental Impact Assessment (EIA), the constitutional rules establishing competence and responsibilities on this matter, and some scattered laws. The objective of this work is to focus the responsibility of the Union that exercised the monopoly of nuclear activities, its agents and the team of experts which elaborate the EIA as well as the damage to the environment from a nuclear accident. This study is based on the legal definitions of nuclear reactor, radioactive waste and product, radioisotope, among others. It also focuses some proposed amendments of the law regulating both the civil and criminal liabilities for nuclear damage. (author). 7 refs

  18. The protection against nuclear risks under the international nuclear liability law: the geographical and technical scope of the international conventions on third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Kissich, S.J.

    2001-10-01

    This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage

  19. 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

  20. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  1. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  2. 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)

  3. 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)

  4. 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

  5. 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

  6. 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)

  7. 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

  8. Environmental liability in constitutional law

    Directory of Open Access Journals (Sweden)

    Larissa Gabrielle Braga e Silva

    2016-04-01

    Full Text Available This article is scope to undertake a study of the Brazilian constitutional treatment given to environmental liability institute. This institute enters the constitutional law of special and unique way in the Constitution of the Federative Republic of Brazil in 1988, stamped on Article 225, third paragraph. The Federal Constitution gives broad protection to the environment and inserts it into the list of social rights and assigns it still status of fundamental right. With regard to environmental liability, the Constitution welcomes the normative content of Article 14, first paragraph, of the Act establishing the National Environmental Policy, Law 6.938 / 81, and includes the environmental objective accountability. The study called State Environmental Law is the new and necessary law paradigm that conjunctiva presents proposal of economic, social, cultural and environmental rights and advocates the idea of a broad existential minimum, not merely physical or biological. Finally, the liability was highlighted in its objective application in their individual and collective achievements. The literature review was the methodology used, whose deductive method to corroborate the findings made by this study. It is concluded that environmental liability is an institute that is associated with the consolidation of a Social and Environmental rule of law and that this is a challenge that everyone, without distinction, is presented.

  9. 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)

  10. 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.)

  11. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  12. 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

  13. 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

  14. 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)

  15. 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.

  16. 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

  17. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  18. 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

  19. 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

  20. 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

  1. 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

  2. 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

  3. 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)

  4. 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

  5. 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

  6. Civil liability - aspects of the law No. 6. 453 of 1977. [Brazilian legislation

    Energy Technology Data Exchange (ETDEWEB)

    da Rocha, L.M.G. (NUCLEBRAS, Rio de Janeiro (Brazil))

    The nuclear damage liability in the Brazilian legal scope is discussed. The law n/sup 0/ 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed.

  7. Nuclear law

    International Nuclear Information System (INIS)

    Zwam, H.J. van

    1985-01-01

    A description is given of international and Dutch-national atomic energy law. Attention is paid to regulations relevant to industry, as well as to relationships between national and international regulations. First, international law is considered, namely the Euratom Treaty, Euratom institutes and tasks of Euratom. Next, the Dutch-national legislation is discussed with respect to nuclear fuels, ores and security of State (Defence interests). Regulations concerning radioactive materials in working rooms and instruments, personnel dosimetry and safety measures are discussed. Finally, authority control on rule observance and penal uphold of nuclear law is considered. (G.J.P.)

  8. 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

  9. 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

  10. 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)

  11. 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

  12. 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)

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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)

  19. 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

  20. 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)

  1. Environmental liability in Germany: a comparative study with Brazilian Law

    OpenAIRE

    Gonçalves, Daniela Oliveira; Escola Superior Dom Helder Câmara; Rezende, Élcio Nacur; Escola Superior Dom Helder Câmara

    2015-01-01

    Seek compare the environmental liability institutes from Germany with those of Brazil, this study intends to conduct an analysis of civil liability for environmental damage in Germany. The concepts of liability and its species, subjective and objective initially are analyzed. Then the concept of civil liability for environmental damage under Brazilian law is analyzed, also discussing the concept of environmental damage. Finally it is carried out the assessment of some of the German Civil Code...

  2. 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

  3. 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

  4. 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)

  5. 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)

  6. 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)

  7. Environmental liability in Germany: a comparative study with Brazilian Law

    Directory of Open Access Journals (Sweden)

    Daniela Oliveira Gonçalves

    2015-09-01

    Full Text Available Seek compare the environmental liability institutes from Germany with those of Brazil, this study intends to conduct an analysis of civil liability for environmental damage in Germany. The concepts of liability and its species, subjective and objective initially are analyzed. Then the concept of civil liability for environmental damage under Brazilian law is analyzed, also discussing the concept of environmental damage. Finally it is carried out the assessment of some of the German Civil Code provisions as well as the Environmental Liability Act of Germany.

  8. 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)

  9. 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)

  10. The physician's civil liability under Danish law.

    Science.gov (United States)

    Fenger, N; Broberg, M

    1991-01-01

    The physician's liability in Danish law is based on negligence, which is assessed by the courts largely on the basis of expert opinions. Such opinions are provided primarily by the Medico-Legal Council rather than by experts selected by the parties. The evaluation of negligence is based on a "reasonable man" standard and the performance expected of a competent colleague; a hospital will be responsible for the negligence of its employees. The burden of proof generally lies with the plaintiff; negligence will not be presumed and the assessment of the evidence of negligence will be adapted to the individual situation, e.g. factors such as the degree of specialization involved, the time which the physician had at his disposal to make his decision and the resources available to him will be taken into consideration. The courts have shown themselves willing to allow for the fact that doctors differ, i.e. recognizing that there must be scope for reasonable discretion. Because the culpa principle is central, the standard applied to medical knowledge will be that which pertained at the time of the treatment. Where a non-specialist is confronted with a problem which may go beyond the knowledge of his limits and experience, he is under an obligation to refer the patient. The principle of informed consent to treatment is accepted in Danish law, but such consent will readily be considered to have been given tacitly.

  11. 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)

  12. 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

  13. 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

  14. 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

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

    OpenAIRE

    Thomas, Anthony; Heffron, Raphael 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...

  16. 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...

  17. 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.)

  18. 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

  19. 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

  20. 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

  1. 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)

  2. 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

  3. 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

  4. 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)

  5. 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

  6. 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

  7. 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

  8. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  9. Liability for industrial disasters: law and democracy

    International Nuclear Information System (INIS)

    Lalo, A.

    1998-01-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error, of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and function. The ethics of responsibility on which the citizens insisted shows the developing notion of 'precaution

  10. Nuclear liability legislation in Ukraine

    International Nuclear Information System (INIS)

    Hamankov, V.

    2000-01-01

    The present report contains certain information concerning the current situation dealing with provision of nuclear and radiation safety during the performance of all types of activity associated with nuclear installations, facilities of radioactive waste management and utilization of ionizing radiation sources in 1999. We try to make a concise analysis o legal bases of ensuring safety and to present general information concerning the Nuclear Insurance Pool of Ukraine. (author)

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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).

  17. 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.

  18. Technical standards and their significance within the law concerning liability

    International Nuclear Information System (INIS)

    New products are being developed and put on the market and in this process, the requirements set by mass production and by division of labour are to be reconciled with those for assured quality and safety demanded by the purchaser. Especially with regard to the latter requirements, the technical standards and rules which reflect technical know-how and experience, play an important part. The standards defined by private associations do not have the quality and impact of rules of law. But they may have an impact with a view to the liability regime of the private law. This is shown by the contribution in hand which discusses contractual liability and liability in tort. (orig./HSCH) [de

  19. 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

  20. 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

  1. 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.)

  2. Review of legislation on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Menendez-Moran, E.

    2011-01-01

    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)

  3. The accident of Goiania and the nuclear civil liability

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1988-01-01

    The consequences of the nuclear accident of Goiania and the fiscalization of CNEN are discussed. Futhermore the nuclear liability for accidents outside of nuclear installations is analysed. (A.B.T.) [pt

  4. Labour Law Patrimonial Liabilities. General Aspects

    Directory of Open Access Journals (Sweden)

    Georgiana COVRIG

    2014-06-01

    Full Text Available The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.

  5. 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

  6. Improvement of nuclear liability system and remaining issues thereof

    International Nuclear Information System (INIS)

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

    2002-01-01

    To keep in line with the world-wide tendency to strengthen the nuclear third party liability system both at international and domestic level, the Nuclear Liability Act and the Act on Indemnity Agreement for Nuclear Liability have been amended in 2001. The pending issues are the completion of the improvement of the national nuclear liability system and protocol between the KEDO and the DPRK for the nuclear liability and indemnification thereof. Since adherence to the Convention on Supplementary Compensation for Nuclear Damage(CSC) is required to strike out the pending issues, the method to become a party to the CSC, necessary implementation enactment, the person to bear the contribution to the fund of CSC should be studied carefully this year. The government is now carrying out a political study, to lay a bill of ratification for the adherence to the CSC before the National Assembly in a regular session this year

  7. 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

  8. 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))

  9. Liability for environmental risks

    International Nuclear Information System (INIS)

    Schimikowski, P.

    1991-01-01

    Since 1. January 1991 the Environment Liability Law is in force. It aims at compensating and avoiding environmental damages. This booklet presents terminology and liability preconditions; liability exclusions and limitations; causality proof; extent of compensation obligations; financial security provisions; insurability problems. The political legislative intent is correct, however, a collective concept replacing liability will be necessary: In those case where the state cannot guarantee environmental protection, and legislation cannot take care of indemnification, another basis for realizable titles to compensation have to be created. Also dealt with are the particularities for nuclear risks - liability for installations pursuant to the Paris Convention; other liability; financial security in connection with nuclear liability risk. (HSCH) [de

  10. 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

  11. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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)

  1. 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'

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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.)

  7. 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

  8. 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

  9. The civil liability insurance in the nuclear field

    International Nuclear Information System (INIS)

    Francis, H.W.

    1980-01-01

    The total civil liability of the nuclear facilities operator by nuclear damages against a thirty party is analysed, based on the rules of Paris, Vienna and Brussels conventions. It is also commented the nuclear facilities' operator responsability for the risks caused the reactor and other local installations. Besides, it is mentioned how an insurance policy of civil liability must be made, emphasizing that the insurance contract will always be based on the nuclear legislation of each country according to the international conventions. (A.L.) [pt

  10. 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

  11. 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.

  12. 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)

  13. 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)

  14. 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.)

  15. 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

  16. 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

  17. 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

  18. The need of the Nuclear Civil Liability Insurance

    International Nuclear Information System (INIS)

    Gomez del Campo, J.

    2011-01-01

    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 reinsurers, 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)

  19. Nuclear law and disorder

    International Nuclear Information System (INIS)

    Roche, Douglas

    2005-01-01

    One would like to say that world attention will be focussed on the 2005 Review Conference of the Nuclear Non-Proliferation Treaty (NPT), that governments will rush to implement the 13 Practical Steps to nuclear disarmament already agreed on, that the combined actions of the political and civil order will greatly reduce the present high level of danger of the use of nuclear weapons. Unfortunately, in the real world of political disorder that we live in, none of this is likely to occur. There is no doubt in my mind that the present crisis is the worst the NPT has experienced. The treaty is on the verge of collapse, and the proliferation of nuclear weapons, both among those who already have them and those who want them, is staring us in the face. It is truly shocking that the public knows so little about the nature of the danger and that governments, for the most part, are so desultory in their approach to the upholding of law. While NPT meetings have never been free of conflict, the battles of the past were frequently patched over by an application of goodwill and a minimum show of trust. Now the goodwill and trust are gone largely because the nuclear-weapons States (NWS) have tried to change the rules of the game. Adherence to that bargain enabled the indefinite extension of the treaty in 1995 and the achievement of an 'unequivocal undertaking' in 2000 toward elimination through a programme of 13 Practical Steps. Now the US is rejecting the commitments of 2000 and premising its aggressive diplomacy on the assertion that the problem of the NPT lies not in the NWS's own actions but in the lack of compliance by States such as North Korea and Iran. Brazil bluntly warned: 'The fulfillment of the 13 steps on nuclear disarmament agreed during the 2000 Review Conference have been significantly - one could even say systematically - challenged by action and omission, and various reservations and selective interpretation by Nuclear Weapon States.' The whole international

  20. 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

  1. Liability for Sexual Harassment Involving Students under Federal Civil Rights Law.

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

    Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)

  2. 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

  3. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, 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.)

  4. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    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.)

  5. 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.)

  6. Financing of Liabilities Beyond the Service Life of Nuclear Installations

    Directory of Open Access Journals (Sweden)

    L. Havlíček

    2006-01-01

    Full Text Available Operation of a nuclear installation is connected with the creation of long-term liabilities for spent fuel management and disposal, and also decommissioning of the installation (power plant, storages. This means that the operator will have to expend considerable amount of financial resources over a long period after the closure of installation. These financial resources will have to be created during operation of the installation. Related costs to be expended in future must be fully included in the price of electricity, in order to ensure fair competition among different operators. Financial resources for future coverage of liabilities must be continuously invested in order to compensate for inflation and to gain some real interest.Any failure by the operator to comply with its liabilities poses an economic and potentially an environmental hazard for operator’s country. Due attention must therefore be paid to assessing connected costs, defining liabilities and ensuring appropriate regulatory oversight. Appropriate measures must be well defined and firmly anchored in the legislation of countries operating nuclear installations. This paper reviews the basic principles that should ensure operator’s compliance their liabilities, and maps the current situation in the Czech Republic. 

  7. 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

  8. 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

  9. 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)

  10. 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.)

  11. 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.)

  12. 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)

  13. 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

  14. Liability.

    Science.gov (United States)

    Hollander, Patricia A.

    Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

  15. 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

  16. 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

  17. Influence of nuclear glasses composition on their liability to deterioration

    International Nuclear Information System (INIS)

    Tovena, I.

    1995-01-01

    The aim of this thesis is to contribute to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo 1 00) Celsius and another one at 90 degrees Celsius (Vo 9 0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo 9 0 and Vo 1 00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs

  18. 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

  19. Civil liability for nuclear and radiological damage

    International Nuclear Information System (INIS)

    Puig, D.

    2001-10-01

    The present work gives details of the nuclear damage, the accidents of Chernobil, three Mile Inland and Tokaimura with their respective legal consequences, the nature of the responsibility and bases for their establishment, conventions about civil responsibility for nuclear damages to regional and world level as well as other condition of conventions of the Ibero-American countries with regard to the approval of the conventions it has more than enough civil responsibility for nuclear and radiological accident damages

  20. Nuclear Law: A Key Against Nuclear Terrorism

    International Nuclear Information System (INIS)

    Cardozo, P.

    2004-01-01

    The role of the legal instruments in the war against nuclear terrorism. Control of radioactive sources. Elements of Nuclear Law: Definition: it is the body of special legislation that regulates the pacific uses of nuclear energy and the conduct of the persons engaged in activities related to fissionable materials and ionizing radiation . Objective: to provide a legal framework in order to protect individuals , property and the environment against the harmful effects of the use of nuclear energy and ionising radiation. Principles of nuclear energy legislation: safety principle, exclusively operator responsibility, authorization, independence of the regulatory body, inspections and enforcement, nuclear damage compensation, international cooperation. National regulatory infrastructure. Establishment of special law in Emergency Preparedness for nuclear or radiological disaster. IAEA Conventions. Transportation of nuclear material. IAEA regulations on radioactive material. Compensation for nuclear damage. Nuclear safety, security and terrorism. International and domestic instruments. Anti terrorism acts. International agreements on Safety Cooperation. (Author)

  1. 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

  2. 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)

  3. 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

  4. Laws and conventions conserning nuclear energy in Sweden Jan 1, 1979

    International Nuclear Information System (INIS)

    Hagsgaard, S.

    1979-03-01

    A list of Swedish laws conserning atomic energy is given. The laws are sorted by subject: nuclear power, atomic liability, safety, nuclear accidents, transport, radioactive substances, and environment. It also includes instructions to authorities. Finally the most important international conventions are mentioned. (K.K.)

  5. ANI [American Nuclear Insurers] support and research facility nuclear liability insurance inspection program

    International Nuclear Information System (INIS)

    Ernst, B.

    1988-01-01

    American Nuclear Insurers (ANI), a voluntary association of insurance companies, provides property and nuclear liability insurance protection to the nuclear industry. It generally offers insurance coverage to nuclear facilities, suppliers, and transporters for the following: (1) their liability for damages because of bodily injury and/or property damage caused by the nuclear energy hazard, and (2) all-risk damage to nuclear facilities. Among the range of facilities and suppliers insured by ANI are (a) operators of nuclear power plants that supply electricity for the general public, (b) operators of nuclear testing and research reactors, (c) fuel fabricators that manufacture fuel for use in reactors, (d) operators of facilities that dispose of nuclear waste that cannot be salvaged, (e) facilities that maintain and repair equipment used at nuclear facilities, (f) nuclear laundries, and (g) low-level-waste processors. The fundamental goal of the ANI nuclear engineering inspection program is to provide protection to pool members' assets by reducing insurance risk

  6. 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.)

  7. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic

    International Nuclear Information System (INIS)

    2002-01-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  8. 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.

  9. 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...

  10. 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)

  11. 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)

  12. 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.)

  13. 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

  14. 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)

  15. 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)

  16. 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

  17. 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

  18. 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

  19. 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

  20. Power laws for nuclear observables

    Science.gov (United States)

    Peterson, R. J.

    2018-01-01

    Often mass-dependent nuclear observables are summarized by fits to a power law in the nuclear mass A , as proportional to Aα. In this work a simple justification of this usage is presented, also providing a simple expression for the exponent α , with one known parameter being the beam-nucleon total cross section and another parameter being a nuclear size r0A1 /3 . Measured power-law exponents α for total and reaction cross sections are near this simple formulation using r0=1.6 fm , whereas quasifree observables are near the simple expression using r0=1.2 fm .

  1. BUSINESS JUDGMENT RULE - EXONERATION OF LIABILITY CAUSE OF THE ADMINISTRATOR. COMPARATIVE LAW STUDY

    Directory of Open Access Journals (Sweden)

    CARMEN TODICA

    2012-05-01

    Full Text Available Starting from the origin system- the American law, and from the principles of corporate governance which establishes it expressly, the study reveals the regulatory manner in Company law and also the implication of legal practice, of the “business judgment” rule. Seen from a double perspective: as a ground for exclusion of liability clause from civil liability of the administrator, but also as a counterweight to the diligence and prudence duty, the business judgment rule is analyzed in accordance with the legal liability falling within the administrator’s duties, both by Law no.31/1990 and the New Civil Code. Discussing also by the standard for appreciating the prudence and diligence- the criterion of the good administrator- imposed by the Romanian legislation, compared with other countries, the paper approaches the manner for regulating the business judgment rule in American law, and the manner in which it has been transposed into the Romanian legislation, its application realm, the invocation method and the consequences of this rule on the civil liability of the administrator. This paper constantly refers to the legal practice solutions in common-law states, where the rule stems.

  2. 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)

  3. 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)

  4. New legislation on civil liability for nuclear facilities

    International Nuclear Information System (INIS)

    2011-01-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  5. 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)

  6. 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

  7. Moral Responsibility and Legal Liability, or, Ethics Drives the Law

    Science.gov (United States)

    McGowan, Richard J.; Buttrick, Hilary G.

    2015-01-01

    As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

  8. 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; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

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

    2002-07-01

    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.)

  9. 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)

  10. 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

  11. 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

  12. Status, prospects and possibilities of international harmonization in the field of nuclear energy law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1986-01-01

    In September 1985, the 7th international conference of the Association Internationale du Droit Nucleaire (AIDN)/International Nuclear Law Association (INLA), Nuclear Inter Jura '85, was held in Constance (Lake Constance), with the title 'Status, prospects and possibilities of international harmonization in the field of nuclear energy law'. Four working sessions were devoted to the issues 'Licensing and decommissioning of nuclear installations', 'Nuclear liability', 'Nuclear exportation and importation', and 'International standards of radiation protection'. In the fields of liability and radiation protection, harmonization has been achieved to a high degree, in the two remaining fields harmonization is deemed useful. The volume provides for a handbook of the international nuclear law in force. (CW) [de

  13. 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.

  14. Nuclear law. Bulletin No.62

    International Nuclear Information System (INIS)

    1998-12-01

    The report contains two articles: A short history of nuclear non-proliferation, by Ben Sanders (p. 7-25); A new Austrian act on third party liability for nuclear damage, by Monika Hinteregger (p. 27-34). A study on the regulatory and institutional framework for nuclear activities in the Slovak Republic (p. 34-50) is the next part of the report. It is followed by administrative decision in Finland (p. 58), and national legislative and regulatory activities in the following countries: Argentina (p. 59), Australia (p. 59), Austria (p. 60), Belarus (p. 60-62), France (p. 62-65), Georgia (p. 65), Ireland (p. 65-66), Italy (p. 66-67), Latvia (p. 68-69), Romania (p. 69-70), Spain (p. 70), Switzerland (p. 70), United States (p. 71-73). International regulatory activities, bilateral and multilateral agreements, bibliography, and news in brief (NEA, INLA, Finland, Japan, Turkey, OECD, p. 93-95) conclude the volume. (R.P.)

  15. 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.

  16. 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

  17. 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

  18. Institutional Liability for Campus Rapes: The Emerging Law.

    Science.gov (United States)

    Fossley, Richard; Smith, Michael Clay

    1995-01-01

    Courts have shown themselves increasingly willing to hold institutions of higher education responsible for rapes that occur on their campuses. In some instances, federal law now mandates a duty to help prevent these campus crimes. Provides a general campus security checklist. (82 footnotes) (MLF)

  19. 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

  20. 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.)

  1. 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

  2. Nuclear law and public acceptance

    International Nuclear Information System (INIS)

    Muguet, Tania Mara F.

    2009-01-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  3. Nuclear law and public acceptance

    Energy Technology Data Exchange (ETDEWEB)

    Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

    2009-07-01

    After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

  4. 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)

  5. The Pre-Contractual Liability in the Brazilian Labor Law

    Directory of Open Access Journals (Sweden)

    Juliano Gianechini Fernandes

    2015-04-01

    Full Text Available The conclusion of a contract is preceded by a phase of negotiations, and contacts between the parties. In employment relations, the same occurs, however the expectation of the worker is always greater. Due to the non-consolidation of the transaction contract, a possibility of compensation for material damages exists, and or off- balance sheet, the lien being reaching demonstration of damage done. The rules of Private Law must adapt itself to legal principles, guiding macro social order, such as the respect for good faith.  

  6. 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

  7. 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

  8. 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)

  9. 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

  10. 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.)

  11. 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)

  12. Extending the Life Time of a Nuclear Power Plant: Impact on Nuclear Liabilities in the Czech Republic

    Directory of Open Access Journals (Sweden)

    L. Havlíček

    2007-01-01

    Full Text Available Nuclear power plant (NPP operators have several basic long-term liabilities. Such liabilities include storage, treatment and disposal of radioactive waste generated at the operators’ NPP, storage and management of nuclear fuel irradiated in the reactor of the operator’s NPP (“spent fuel”, disposal of the spent fuel (SF or residues resulting from spent fuel reprocessing. Last but not least, the operator is liable for decommissioning its nuclear facilities. If the operator considers extending the life time of its NPP or if the construction of a new NPP is being evaluated by an investor, an integral part of the economic evaluation must be a comprehensive assessment of future incremental costs related to the above-mentioned long-term liabilities. An economic evaluation performed by standard methods (usually NPV, alternatively real options leads to a decision either to proceed with the project or to shelve it. If the investor decides to go ahead with the project there can be an immediate impact on nuclear liabilities. The impact is not the same for all operator liabilities. Depending on the valid legislation and the nature of the liability, in some cases the extent of the liability must be immediately recalculated when a decision is made to proceed with the project, and the annual accrual of accumulated reserves / funds must be adjusted. In other cases, the change in liability is linked to the generation of additional radioactive waste or spent fuel. In the Czech Republic, responsibility for each of the nuclear liabilities is defined, as is the form in which the financial means are to be accumulated. This paper deals with the impact of NPP life time extension (alternatively NPP power up-rate or construction of a new NPP on individual nuclear liabilities in the conditions of the Czech Republic. 

  13. 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

  14. 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

  15. 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; N. 2874 Rapport fait au nom de la commission des affaires etrangeres sur le projet de loi n. 2785 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

    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.)

  16. 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.

  17. 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)

  18. 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.

  19. 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

  20. 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)

  1. 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.

  2. 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...

  3. 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)

  4. New law on extension of liability for nuclear obligations unconstitutional; Verfassungsrechtliche Beurteilung des Referentenentwurfs fuer ein ''Gesetz zur Nachhaftung fuer Rueckbau- und Entsorgungskosten im Kernenergiebereich''

    Energy Technology Data Exchange (ETDEWEB)

    Posser, Herbert [Freshfields Bruckhaus Deringer, Duesseldorf (Germany)

    2015-10-15

    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.

  5. 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

  6. Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

    Science.gov (United States)

    Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

    2016-09-01

    A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise.

  7. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  8. 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

  9. 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...

  10. 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)

  11. THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS

    Directory of Open Access Journals (Sweden)

    ANDRA ROXANA ILIE

    2012-05-01

    Full Text Available Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.

  12. 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).

  13. 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)

  14. 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

  15. 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.

  16. 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

  17. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  18. The role of nuclear law in nuclear safety after Fukushima

    International Nuclear Information System (INIS)

    Cardozo, Diva E. Puig

    2013-01-01

    The paper contains the following topics: nuclear law, origin and evolution, role of the legal instruments on nuclear safety, nuclear safety the impact of major nuclear accidents: Chernobyl and Fukushima. The response of the nuclear law post Fukushima. Safety and security. International framework for nuclear safety: nuclear convention joint convention on safety on spent fuel management and on the safety of radioactive waste management. The Fukushima World Conference on Nuclear Safety. Convention on Prompt Notification and Assistance in case of a Nuclear Accident or Radiological Emergency. Plan of Action for Nuclear Safety. IAEA recommendations for the safety transport of radioactive material. International framework for nuclear security. Convention on the Physical Protection of Nuclear Materials. International Convention for the Suppression of Acts Against Nuclear Terrorism. Resolution No. 1540 of the Security Council of United Nations (2004). Measures to strengthen international safety. Code of conduct on the safety research reactor

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

    Directory of Open Access Journals (Sweden)

    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.

  20. 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.)

  1. A Nuclear Third Party Liability Regime of a Multilateral Nuclear Approaches Framework in the Asian Region

    Directory of Open Access Journals (Sweden)

    Makiko Tazaki

    2014-01-01

    Full Text Available There are two primary challenges for establishing nuclear third party liability (TPL regimes within multilateral nuclear approaches (MNA to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC, with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.

  2. 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

  3. 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

  4. 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

  5. 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)

  6. 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

  7. 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

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

    Directory of Open Access Journals (Sweden)

    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

  9. Intellectual Property Law as an Internal Limit on Intellectual Property Rights and Autonomous Source of Liability for Intellectual Property Owners

    Science.gov (United States)

    Judge, Elizabeth F.

    2007-01-01

    This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and…

  10. Nuclear law and new legal concepts

    International Nuclear Information System (INIS)

    Atias, Ch.; Warusfel, B.; Byk, Ch.

    2003-01-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  11. 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.

  12. 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)

  13. 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

  14. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer... Protection Requirements and Indemnity Agreements,'' provide requirements and procedures for implementing the... Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 140 Criminal penalty...

  15. 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

  16. 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

  17. Liability for damage caused by terrorist attacks

    International Nuclear Information System (INIS)

    Heller, W.

    2004-01-01

    After the terrorist attacks on September 11, 2001, one of the questions raised was about the potential liability of the operator of a nuclear power plant for damage sustained by a third party as a result of a comparable terrorist attack on a nuclear power plant. Internationally, this situation is regulated by the Convention on Third-Party Liability in Nuclear Power, the so-called Paris Liability Convention, of 1960, 1964, 1982. Among other things, that Convention excludes liability in cases directly resulting form 'actions of armed conflict..'. The problem arises, among other things, from the absence of an internationally acknowledged definition of terrorism or terrorist attack, and from the idea that, according to the Paris Convention, the legal entities assumed to be involved in such actions are states and weapons. National and international agreements and laws about the liability of the operator of nuclear facility for damage to third parties as a result of terrorist actions are analyzed and discussed. (orig.)

  18. Nuclear forensics in law enforcement applications

    International Nuclear Information System (INIS)

    Grant, P.M.; Moody, K.J.; Hutcheon, I.D.; Phinney, D.L.; Whipple, R.E.; Haas, J.S.; Alcaraz, A.; Andrews, J.E.; Klunder, G.L.; Russo, R.E.

    1998-01-01

    Over the past several years, the Livermore Forensic Science Center has conducted analyses of nuclear-related samples in conjunction with domestic and international criminal investigations. Law enforcement officials have sought conventional and nuclear-forensic analyses of questioned specimens that have typically consisted of miscellaneous metal species or actinide salts. The investigated activities have included nuclear smuggling and the proliferation of alleged fissionable materials, nonradioactive hoaxes such as 'Red Mercury', and the interdiction of illegal laboratories engaged in methamphetamine synthesis. (author)

  19. 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

  20. Nuclear civil liability international system. Evolution prospects.; Le regime international de responsabilite civile nucleaire. Perspectives d`evolution

    Energy Technology Data Exchange (ETDEWEB)

    Reyners, P. [Nuclear Energy Agency, 75 - Paris (France)

    1996-10-01

    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.

  1. 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.

  2. The law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1977-01-01

    This Law aims at determining the basic system concerning indemnification for nuclear damage caused by the operation of reactors, fabrication, reprocessing and use of nuclear fuel materials as well as the transportation, storing or disposal of such materials or those contaminated by such materials (including fission products) accompanying these operations in view of protecting the sufferers and contributing to the wholesome development of atomic energy enterprises. The ''nuclear damage'' referred to in this Law is the damages caused by the action during the process of fission of nuclear fuel materials or the action of radiation or the poisonous action of said nuclear fuel materials or matters contaminated by said materials (those causing poisoning or deuteropathy in human bodies by taking in or inhaling such materials). Upon giving nuclear damage by the operation of reactors and others, the atomic energy entrepreneurs concerned are responsible for indemnifying the damage. Atomic energy entrepreneurs should not operate reactors without first taking the measures for indemnifying nuclear damages. Said measures are conclusion of nuclear damage indemnification responsibility insurance contract and nuclear damage indemnification contract or deposit, by which 6,000 million yen may be earmarked for such indemnification per factory, place of business or nuclear ship

  3. A nuclear law in development

    International Nuclear Information System (INIS)

    Boudahrain, A.

    1991-01-01

    In this work the author demonstrates that the nuclear option for increasing the maghrebian capacities for electrical power production can not be conceived, from the ethic and humane point of view, for only one maghrebian country because of both external and internal constraints and difficulties which mortgage the future of destitute population and future generations. It is essential to lead intensive studies in this field by maghrebian research workers not accepting blindly foreign preconceptions. However, as a prelimenary, it is advisable to wonder about the ethical value of nuclear option, avoiding the multiform domination misdeeds (e.g. cultural and strategic) that such a choice involves for the maghrebis. 184 refs. (author)

  4. 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

  5. Nuclear technology and the export control laws

    International Nuclear Information System (INIS)

    Munroe, J.L.; Pankratz, M.C.; Hogsett, V.H.; Lundy, A.S.

    1988-01-01

    Three basic US laws regulate the export of commodities, services, and technical data. People working in nuclear fields need to know of these laws and their impact on professional endeavors. Export of technical data means the communication of any information by oral, written, or any other means to foreign nationals within or outside the US. The medium for the communication may be a model, blueprint, sketch, or any other device that can convey information. If the data relates to items on one of the control lists, a license must be sought from the appropriated federal agency. The Militarily Critical Technologies List (MCTL), though not itself a control list, plays a major role in determining what technical data will require a validated license. The US Department of Energy (DOE), through Technical Working Gorup (TWG) 11, is responsible for the Nuclear Technology chapter of the MCTL. TWG 11 also prepares the Nuclear Technology Reference Book (NTRB), a classified guide to sensitive nuclear technology

  6. 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

  7. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL

    OpenAIRE

    Cristian, Bărcan

    2015-01-01

    Current legislation, namely Law no. 95/ 2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability.

  8. Resolving Past Liabilities for Future Reduction in Greenhouse Gases; Nuclear Energy and the Outstanding Federal Liability of Spent Nuclear Fuel

    Science.gov (United States)

    Donohue, Jay

    This thesis will: (1) examine the current state of nuclear power in the U.S.; (2) provide a comparison of nuclear power to both existing alternative/renewable sources of energy as well as fossil fuels; (3) dissect Standard Contracts created pursuant to the National Waste Policy Act (NWPA), Congress' attempt to find a solution for Spent Nuclear Fuel (SNF), and the designation of Yucca Mountain as a repository; (4) the anticipated failure of Yucca Mountain; (5) explore WIPP as well as attempts to build a facility on Native American land in Utah; (6) examine reprocessing as a solution for SNF used by France and Japan; and, finally, (7) propose a solution to reduce GHG's by developing new nuclear energy plants with financial support from the U.S. government and a solution to build a storage facility for SNF through the sitting of a repository based on a "bottom-up" cooperative federalism approach.

  9. Perspective on the pros and cons of a pooling-type approach to nuclear third party liability

    International Nuclear Information System (INIS)

    Carroll, S.

    2008-01-01

    Even with the increase in operator liability and compensation amounts envisaged by the amendments to the international nuclear liability and compensation conventions, not all potential costs of a major nuclear accident will be covered. In any case, the full benefits of the revisions of the nuclear liability and compensation conventions are not yet being realised, as states can still adhere to the old, out-dated instruments and because the nuclear insurance industry seems unable to cover the full range and extent of the newly expanded third party liability risks. These factors are potentially delaying the entry-into-force of the amended instruments and widespread adherence to them, and they have negative implications for reactor safety generally. To address these problems, it is essential to find a way to ensure that liability and compensation arrangements are put in place that better reflect the actual risks of nuclear accidents. The experience of existing national operator pooling arrangements shows that, properly designed and implemented, international arrangements for pooling operators resources could offer a way forward from the current impasse. International operators pooling could both complement the current level of financial security provided by insurance and guarantee that considerably higher compensation amounts would be made available in the event of a nuclear accident than would be otherwise possible. International operators pooling may be a mutually beneficial solution, offering advantages to operators, the electricity sector generally, insurers and government, Additional benefits, particularly in the European context, could include greater harmonization in liability and compensation arrangements at a high-level rather than at a low common denominator, a reduction in distortions to the E.U. electricity market by elimination of some subsidies to nuclear power generation through better internalization of the risks of nuclear power generation and a

  10. 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

  11. 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

  12. NEA, Nuclear law and information processing

    International Nuclear Information System (INIS)

    Reyners, P.

    1977-01-01

    NEA has for many years now been collating information on, and analysing, laws and regulations on the peaceful uses of nuclear energy, and this work has resulted in a series of publications. However, as seen by the multiplication of computer-based legal information centres, both at national and international level, conventional information systems are no longer adequate to deal with the increasing volume of information and with users' needs. In view of the particular aspects of nuclear law and of its own availabilities, NEA has endeavoured to make the best possible use of existing structures by opting for participation in the IAEA International Nuclear Information System rather than by creating a specialised centre. Before becoming operational, the arrangements concluded between NEA and IAEA required that the INIS rules be altered somewhat to take account of the specific problems raised by treatment of legal literature and also to improve the quality of information provided to users. (auth.) [fr

  13. European atomic (nuclear) law and Austria

    International Nuclear Information System (INIS)

    Heitzinger, R.

    2000-05-01

    The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)

  14. Nuclear obligations: Nuremberg law, nuclear weapons, and protest

    International Nuclear Information System (INIS)

    Burroughs, J.R.

    1991-01-01

    Nuclear weapons use and deployment and nonviolent anti-nuclear protests are evaluated. Use of nuclear weapons would constitute war crimes and crimes against humanity as defined in both the Nuremberg Charter and Allied Control Council Law No. 10 and applied by the International Military Tribunal and other Nuremberg courts. Strategic and atomic bombing during World War 2 did not set a precedent for use of nuclear weapons. The consequentialist argument for World War 2 bombing fails and the bombing has also been repudiated by codification of the law of war in Protocol 1 to the 1949 Geneva Conventions. The legality of deploying nuclear weapons as instruments of geopolitical policy is questionable when measured against the Nuremberg proscription of planning and preparation of aggressive war, war crimes, and crimes against humanity and the United Nations Charter's proscription of aggressive threat of force. While states' practice of deploying the weapons and the arms-control treaties that regulate but do not prohibit mere possession provide some support for legality, those treaties recognize the imperative of preventing nuclear war, and the Nuclear Non-Proliferation Treaty commits nuclear-armed states to good-faith negotiation of nuclear disarmament

  15. Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

    Science.gov (United States)

    Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

    2007-01-01

    Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

  16. Contemplations on the further development of nuclear law

    International Nuclear Information System (INIS)

    Mahlmann, W.

    1977-01-01

    Various considerations on the further development of nuclear law are made. The necessity is pointed out to do away with the 'jungle of regulations' and to regain more legal security and transparency in nuclear law. (HP) [de

  17. The law concerning indemnification of nuclear damage

    International Nuclear Information System (INIS)

    1979-01-01

    The law defines the basic system of indemnification of nuclear damage by the operation of reactors to protect sufferers and help the sound development of atomic energy business. The operation of reactors means hereunder the operation of reactors, processing, reprocessing and the uses of nuclear fuel materials as well as transport, storage and disposal of nuclear fuel materials or things contaminated by them, which accompany with those procedures. The nuclear damage signifies injuries due to functions of fission of nuclear fuel materials or radiation or poisonous functions of things contaminated by them. When nuclear damage happens by the operation of reactors, the atomic energy enterpriser concerned shall indemnify the damage. Atomic energy undertakers shall not operate reactors without taking measures for compensation. The measures shall be the conclusion of nuclear damage compensation insurance contracts and indemnification contracts or the deposit. The amount of less than yen 10 milliards specified by the order and acknowledged by the Director General of Science and Technology Agency shall be allotted to the compensation by these measures for each works, enterprise or nuclear ship. The government shall assist atomic energy enterprisers to indemnify, when such compensation surpasses the amount assigned and the support is considered necessary. (Okada, K.)

  18. 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.

  19. The new law on radiation and nuclear power

    International Nuclear Information System (INIS)

    Niittylae, A.

    1990-01-01

    The Law on Nuclear Energy, which entered into force in 1988, controls the use of nuclear power. The new Law on Radiation is under consideration in the Parliament. The internationally approved main principles on radiation protection are the basis of the law. In the article, these principles and the contents of the law are described

  20. 10. anniversary International School of Nuclear Law

    International Nuclear Information System (INIS)

    2010-01-01

    In August 2010, the International School of Nuclear Law (ISNL) will hold its 10. anniversary session. It has already been a decade since the Nuclear Energy Agency, in co-operation with the University of Montpellier 1 in France, decided to establish a 'summer university' programme to teach international nuclear law. The major impetus for doing so largely resulted from the fact that university law faculties at that time did not offer specialized courses in nuclear law, a situation that has not changed significantly over the years despite the recent and growing interest of the international community in nuclear energy production. The founders of the ISNL, Mr. Patrick Reyners formerly of the Nuclear Energy Agency and Professor Pierre Bringuier from the University of Montpellier 1, embarked on this experiment as an attempt to fill this educational gap, at least at the international level, and they each obtained significant support for the project from their respective institutions. Nuclear law is one of the most highly technical and thus often difficult areas in the legal discipline. Yet, the highly regulated nature of nuclear activities, both at national and international levels, demands that legal practitioners develop both expertise in drafting and interpreting the large number and wide variety of associated legal instruments. At the start of the 21. century, comprehensive national and international legal frameworks covering virtually all aspects of nuclear activities existed in all developed countries without an equivalent educational programme to teach future generations. Although the success of the school in its early days was difficult to predict, we can now proudly state that the ISNL has been, and continues to be, a great achievement with a reputation for excellence that spans six continents. The ISNL team is a professional collaboration, not only between the NEA and the University of Montpellier 1, but between the organizers, lecturers and participants of each

  1. Homicide committed by psychiatric patients: Psychiatrists' liability in Italian law cases.

    Science.gov (United States)

    Terranova, Claudio; Rocca, Gabriele

    2016-01-01

    Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients. © The Author(s) 2015.

  2. 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)

  3. Amendment of liability and financial security under atomic energy law. Position of the insurers

    International Nuclear Information System (INIS)

    Boetius, J.

    1991-01-01

    Since Chernobyl in 1986, there have also been intensive activities in the insurance business in reviewing the legal framework conditions in terms of there consequences for a possible settlement of claims and in dealing with the question whether the old organizational rulings can still be considered sufficient in the light of the aforementioned disaster that has occured. This leads to the deliberations on a legal canalization of liability, on third party liability, financial security, indemnification by the state, damages through precautionary measures (evacuation) and organisation of the settlement of claims. (orig./HSCH) [de

  4. Managing future financial liabilities arising from nuclear activities: the experience of Electricite de France

    International Nuclear Information System (INIS)

    Boudier, J.-M.

    1995-01-01

    Financial liabilities related to nuclear activities are no more the open field that they may have once been, even though there are still questions waiting for definite answers. In most cases, technical solutions not only have been developed in laboratories, but have been implemented at industrial stage. Therefore, reliable cost evaluations can be achieved which allow charging realistically current customers for future expenses. Another fact is that whatever the size of the amount involved, they remain a manageable challenge for power companies with regards to their financial capacity. However, securing such large amounts over decades makes necessary the existence of a strong institutional environment. (author)

  5. Republic of Lithuania law on nuclear energy. No. I-1613

    International Nuclear Information System (INIS)

    1996-01-01

    Law on Nuclear Energy adopted by the Parliament 14 November, 1996 has the main goals of ensuring nuclear safety, peaceful use of nuclear energy and preventing from illegal use of nuclear materials. The basic assumptions of the law reinforce obligations of Lithuania under Convention on Nuclear Safety. The law determines fundamentals on nuclear energy management, principles for the state regulation for nuclear safety and radiation protection, guidelines for licensing in nuclear energy, special requirements for the design and construction of nuclear energy facilities, basic conditions for the operation of nuclear energy installations, basic requirements for the transportation and storage of nuclear and radioactive materials, basic requirements for preventing nuclear or radiation related incidents together with procedures for elimination of consequences, basic economic and financial conditions for nuclear energy and specificity of working relations in nuclear energy

  6. Nuclear Law Bulletin No. 92 - Volume 2013/2

    International Nuclear Information System (INIS)

    Chennoufi, F.; Pelzer, N.; Martirosyan, A.; Cook, H.; Fischer, D.; Clark, S.; Rothschild, T.; Touitou-Durand, F.; Guezou, O.; Manson, S.; Tafili, V.; Bolger, I.; Majerus, P.; Sieczak, K.; Sousa-Ferro, M.; Pospisil, M.; Skraban, A.; Portmann-Bochsler, F.; Shvytai, V.; Puig, D.; Durand, A.; Rivera, S.; Reyners, P.; Ryan-Taix, V.

    2013-01-01

    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 twice a year in both English and French, it features topical articles written by renowned legal experts, covers nuclear legislative developments worldwide and reports on relevant case law, bilateral and international agreements and regulatory activities of international organisations. The topical articles of this issue deal with: - Uranium mining and production: A legal perspective on regulating an important resource by Lisa Thiele; - Turkish nuclear legislation: Developments for a nuclear newcomer by Erinc Ercan and Horst Schneider; - Nuclear law and environmental law in the licensing of nuclear installations by Christian Raetzke

  7. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... provide that an owner of the institution is liable for the debts, liabilities, and obligations of the... owner of the institution in order for an owner to transfer an ownership interest in the institution...,” and “voting securities” includes ownership interests in a bank chartered as an LLC, as well as any...

  8. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law

    International Nuclear Information System (INIS)

    Schneider, Matthias Werner

    2015-01-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [de

  9. The international school of nuclear law

    International Nuclear Information System (INIS)

    Kus, S.

    2007-01-01

    The International School of Nuclear Law (ISNL) was established in 2000 by the OECD Nuclear Energy Agency and the University of Montpellier 1. It benefits from the support of the International Nuclear Law Association (INLA) and the International Atomic Energy Agency (IAEA). The school offers a high-quality educational programme acknowledged for its intensive courses, professional lecturers, as well as its academic and practical balance. In the past seven years, the ISNL has been attended by approximately 400 participants from 78 countries around the world. The NEA awards scholarships to enable certain meritorious students from its member countries to benefit from the course. The IAEA also awards a number of fellowships to participants from its member countries. This helps ensure broad representation from different countries and bestows the ISNL with the different views, experience and legal backgrounds of its participants. The applicants are mostly but not necessarily lawyers. Such diversity is welcomed as the interdisciplinary composition of classes contributes to the dialogue and mutual learning between lawyers and scientists or economists for example. (author)

  10. German nuclear law day 2004 - a conference report

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

  11. Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime

    International Nuclear Information System (INIS)

    Quere, Alain

    2014-01-01

    The modernisation of international conventions governing third-party liability in the nuclear field is essentially an attempt to resolve certain shortcomings whilst setting out higher compensation sums and extending the cover for nuclear damage for which compensation is payable. The latest convention revisions occurred in 2004 and led to the adoption of protocols amending the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention supplementing the Paris Convention. However, the substance of the current regimes is largely the result of conventions drawn up in the 1960's and, in the eyes of the general public, the changes made in 2004 are mainly concerned with increasing the compensation sums. Despite the proposed increases in the compensation amounts, there is certainly no doubt that the potential costs of a major nuclear accident will not be fully covered by the revised Conventions. In other words, the actual compensation amount in the event of nuclear damage is quite low if we refer back to known events. By way of example, the direct cost of the Fukushima Daiichi nuclear power plant accident is estimated to be above EUR 100 billion according to different sources. The accident virtually bankrupted the Tokyo Electric Power Company (TEPCO) immediately after this event. The economic costs of the Chernobyl accident, however, are difficult to assess even now. But, according to various sources, the costs also exceed USD 100 billion. The Fukushima Daiichi and Chernobyl accidents share common characteristics. First, the amount of damage could have been even higher had the accident occurred close to major population centres or if the wind direction at the time of the accident had been different. Second, no compensation was provided by the insurance world. Further, these two accidents did not occur within the framework of the new amended conventions (the latest revision of the Paris Convention has still not taken effect). These

  12. 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.

  13. [Perspectives in medical liability].

    Science.gov (United States)

    Pizarro W, Carlos

    2008-04-01

    The progressive increase of medical negligence law suits requires an updated analysis of the current situation of medical liability in Chile. The application of a new criminal procedure will avoid criminal prosecution of doctors, transferring to the civil courts the pecuniary sanctions for malpractice. Medical negligence and damage inflicted by doctors that require compensation are explained. The most likely evolution of medical liability is proposed, through an increase in civil liability insurance and the necessary standardization of rules applicable to professional liability.

  14. Nuclear Law Bulletin No. 96. Volume 2015/2

    International Nuclear Information System (INIS)

    Reynolds, M.; Thiele, L.; Touitou-Durand, F.; Pelzer, N.; Tafili, V.; Manually, Y.; Adomaityte, U.; Adamczyk, K.; Nowacki, T.; Chiripus, V.; Pistekova, Z.; Skraban, A.; Knopp Pisi, S.; Hoang, V.; Rothschild, T.; Durand, A.; Rivera, S.R.; Salter, I.

    2015-01-01

    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 'Treaty implementation applied to conventions on nuclear safety' and 'Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents'. (authors)

  15. French case law and the use of nuclear energy

    International Nuclear Information System (INIS)

    Hebert, Jean

    1980-01-01

    This Article which covers the most representative examples of French case-law in the nuclear field, analyses the cases involved and the relevant court decisions. It describes the evolution of the nuclear debate in France, the progressive constitution of anti-nuclear associations and their fight against nuclear energy development in the courts in the context of the licensing procedures for nuclear installations. The author analyses French law and the legal basis for the courts' decisions. (NEA) [fr

  16. Supervision in compliance with nuclear law

    International Nuclear Information System (INIS)

    Anon.

    1989-01-01

    Disputes about the exercise of supervision by the state in the course of erection and operation of a nuclear power station are to be dealt with in the first instance by a higher administrative court (Art. 2, Sec. 9, sub-sec (1) No. 1 EntlG). If the state - as provided for in Sec. 7, sub-sec. (1) Atomic Energy Act - in fulfilment of its obligation under the Basic Law, to protect the life, health and property of the citizens, demands a specific licensing procedure to be applied for certain hazardous activities, any citizen whose rights are endangered by such activity hence has the right under public law, on the basis of the procedural provisions to be interpreted in the light of the Basic Law, to claim vis-a-vis all public authorities that the procedure provided for is observed, so as to ensure that infringement of the citizen's rights thus protected cannot be done, or connived, without the license required by the state. (orig.) [de

  17. 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.

  18. Division of nuclear liabilities between different license holders and owners - 59214

    International Nuclear Information System (INIS)

    Lindskog, Staffan; Sjoeblom, Rolf

    2012-01-01

    Sweden was one of the first six countries to build and operate a nuclear power reactor. Thus, there exists a corresponding legacy in terms of liabilities for decommissioning and waste management of the historic facilities. Compliance with the Polluter Pays Principle (PPP) and its corollary on equity between generations implies that plans for decommissioning must be made and funds set aside for its execution. The need for precision in the cost estimates often governs the timing of the technical planning. Cost estimates are treacherous since cost raisers may be identified and evaluated only after considerable efforts have been made. Further complications and challenges arise as a result of changes that take place between construction and decommissioning of facilities in terms of the entities involved as owners, operators, license holders, Authorities and financiers. From this perspective, the present paper summarizes the general legislation as well as the legislation that applies particularly to nuclear activities. It also summarizes the relation between the nuclear decommissioning fund system and financial reporting. Three examples are provided that wholly or partially fall under the Studsvik act (that specifically covers old facilities): - The Aagesta nuclear power plant; - The Ranstad uranium mining and beneficiation facility; - The Neutron Research Laboratory at Studsvik; The findings include the following: - It is important that the legislation be clear as to what is included and not. - The rationale for the legislation should also be clear and well communicated. - Old agreements can be significant for the assessment of liabilities, even in cases where a party may no longer exist. - Support for assessment of when activities are continuing or not (which may have a strong significance for the liability) can be found in court cases on chemically contaminated soil. - Analysis of facilities and the work carried out at different times can be very helpful in

  19. 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

  20. Induced seismicity and the potential for liability under U.S. law

    Science.gov (United States)

    Cypser, Darlene A.; Davis, Scott D.

    1998-04-01

    Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the

  1. Act of 18 July 1966 on Third Party Liability in the Field of Nuclear Energy, establishing certain measures regarding implementation of the Paris Convention and its additional protocol

    International Nuclear Information System (INIS)

    1966-01-01

    This Act on nuclear third party liability lays down that certain Articles (definitions, liability, scope and amounts of liability, insurance) of the Convention on Third Party Liability in the Field of Nuclear Energy (Paris Convention) are immediately applicable in Belgium. It stipulates that a nuclear operator is recognised as such by the King when he furnishes proof that he has taken out insurance or other financial security to cover his liability under this Act, without prejudice to implementation of legal and regulatory provisions on protection of the population against the hazards of ionizing radiations. Finally, the operator of a nuclear installation must take out and maintain, for each installation, insurance approved by the appropriate authorities; if the State itself operates a nuclear installation, it has no obligation to take out insurance or other financial security. (NEA) [fr

  2. 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

  3. The sources of the specificity of nuclear law and environmental law

    International Nuclear Information System (INIS)

    Rainaud, J.M.; Cristini, R.

    1983-01-01

    This paper analyses the sources of the specificity of nuclear law and its relationship with environmental law as well as with ordinary law. The characteristics of nuclear law are summarized thus: recent discovery of the atom's uses and mandatory protection against its effects; internationalization of its use, leading to a limitation of national authorities competence. Several international treaties are cited (Antarctic Treaty, NPT, London Dumping Convention etc.) showing the link between radiation protection and the environment. (NEA) [fr

  4. 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)

  5. Optional Protocol concerning the compulsory settlement of disputes to the Vienna Convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1999-01-01

    The document reproduces the text of the Optional Protocol Concerning the Compulsory Settlement of Disputes to the Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21 May 1963 by the International Conference held in Vienna from 29 April to 19 May 1963. It came into force on 13 May 1999

  6. Nuclear Law Bulletin No. 95. Volume 2015/1

    International Nuclear Information System (INIS)

    2015-01-01

    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 'Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella'; 'Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna'; 'Nuclear arbitration: Interpreting non-proliferation agreements'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  7. 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

  8. The House of Commons of Canada, Bill C-249: An act to amend the nuclear liability act

    International Nuclear Information System (INIS)

    1996-01-01

    The purpose of this bill is to increase the maximum level of liability for which a private sector nuclear facility operator may be required to have insurance coverage from 75 million dollars to 500 million dollars. If the Governor in Council is of the opinion that liability could exceed the insured amount and a Commission created under Part II of the Act orders that further compensation should be made. At present, the Crown may make such payments but is not required to do so

  9. 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)

  10. 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.)

  11. COMPLIANCE OF DOMESTIC CRIMINAL LAW WITH INTERNATIONAL STANDARDS REGARDING LIABILITY FOR HIJACKING AND SEIZING AN AIRCRAFT

    Directory of Open Access Journals (Sweden)

    Sophia Lykhova

    2017-11-01

    Full Text Available Purpose: the main task of this scientific research is to study the problem of public danger, which arises as a result of the capture or hijacking of an aircraft. The problems of criminal responsibility for this socially dangerous act have been studied in this article. Methods: optimization of the legislation providing for criminal liability for this crime in accordance with the criminal legislation of Ukraine. Results: the socially dangerous consequences resulting from the seizure or hijacking of an aircraft were investigated. The issues of delimitation of socially dangerous acts that constitute the objective side of this crime are investigated. Discussion: objective and subjective signs of the crime, the main international normative acts aimed at ensuring aviation security, compliance of the norms of domestic criminal legislation with international norms and standards in the field of aviation security.

  12. The nuclear fuels tax is in conformity with constitutional law

    International Nuclear Information System (INIS)

    Faehrmann, Ingo; Ringwald, Roman

    2012-01-01

    There are rulings by three courts of finance concerning the conformity of the nuclear fuels tax with German constitutional law. While the FG Hamburg and FG Munich were in some doubt, the FG Baden-Wuerttemberg was of the opinion that the nuclear fuels tax act is compatible with German constitutional law.

  13. Ex Ante Liability Rules in New Zealand's Health and Safety in Employment Act: A Law and Economics Analysis

    OpenAIRE

    Paul Gordon; Alan E. Woodfield

    2006-01-01

    In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both an accident and harm must occur before liability accrues, whereas ex ante liability rules create liability for deficient care per se. This paper examines whether liability for breaches of duty that do...

  14. Influence of nuclear glasses composition on their liability to deterioration; Influence de la composition des verres nucleaires sur leur alterabilite

    Energy Technology Data Exchange (ETDEWEB)

    Tovena, I.

    1995-09-29

    This contributes to the study of the nuclear glasses composition influence on their liability to deterioration. The methodology of the experimental research used has lead to define between the thirty oxides which form the reference glass light water, six oxides of interest. For each of these oxides, a composition variation area has been defined. A matrix of twenty glass compositions has then been defined. The preparation of materials of these compositions has sometimes lead to materials weakly heterogeneous which have been characterized before deterioration. This study has been completed by those of three glasses in a composition variation area narrower of the light water nuclear glass : the R7T7 and two glasses at limits having respectively an initial dissolution velocity at 100 degrees Celsius theoretically maximum and minimum. Some deterioration parameters in pure water have been experimentally measured on the twenty three glasses : 1) an initial dissolution velocity at 100 degrees (Vo{sub 1}00) Celsius and another one at 90 degrees Celsius (Vo{sub 9}0) 2) a dissolution velocity in conditions near the saturation at 90 degrees Celsius 3) an apparent solubility of glass based on the ortho silicic acid activity 4) the evolution of the dissolution kinetics at 90 degrees Celsius in sub-saturated medium towards saturated medium 5) the alteration films nature developed at the glasses surface during these last alteration tests. Some thermodynamic and structural models have been studied in order to predict Vo{sub 9}0 and Vo{sub 1}00. The dissolution kinetic law developed from reference glass dissolution results has been studied with the calculation code LIXIVER. It has not been able to be used for most of the glasses compositions studied. As a consequence, the glasses dissolution control by a surface reaction which are itself controlled by the only dissolved silica is an hypothesis which is not verified for the greater part of the glasses. (O.L.). refs., figs., tabs.

  15. Nuclear Law Bulletin No. 99. Volume 2017/1

    International Nuclear Information System (INIS)

    Burns, Stephen G.; Lamm, Vanda; Pelzer, Norbert; Popov, A.; ); Chirtes, A.P.; ); Raetzke, C.; Chennoufi, F.; Beyens, M.; Vandeputte, G.; Saric, J.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Pavlovic, P.; Skraban, A.; Carroll, S.; Averbach, A.; Brown, O.; Irving, I.; Joyner, D.

    2017-01-01

    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: 'Reformed and reforming: Adapting the licensing process to meet new challenges'; 'Reflections on the development of international nuclear law'; and 'Facing the challenge of nuclear mass tort processing'

  16. 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.)

  17. Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

    Directory of Open Access Journals (Sweden)

    Lina M. Céspedes-Báez

    2012-06-01

    Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.

  18. 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?''

  19. Remediation of the old environmental liabilities in the Nuclear Research Institute Rez. Situation at the end of 2008

    Energy Technology Data Exchange (ETDEWEB)

    Kovarik, Petr; Svoboda, Karel; Podlaha, Josef [Nuclear Research Institute Rez (Czech Republic)

    2010-10-15

    The Nuclear Research Institute Rez (NRI) has been a leading institution in the area of R and D (Research and Development) in the Czech Republic. The NRI has had a dominant position in the nuclear programme of the former Czechoslovakia since it was established in 1955. In December 1992 the NRI has been transformed into a joint-stock company. The Institute's activity encompasses nuclear physics, radiochemistry, experiments at the research reactor and many other topics. Main issues addressed in the NRI in the past decades were concentrated on research, development and services provided to the VVER reactors, development of chemical technologies for fuel cycle and irradiation services. Currently, the research activities are mainly targeted to assist the State Office for Nuclear Safety. Significant attention is also paid to the use of nuclear technology outside the nuclear power sector, providing a wide range of services to industry, medicine and the preparation of radiopharmaceuticals. NRI operates 2 research nuclear reactors, hot cell facility, research laboratories, and technology for radioactive waste management, radionuclide irradiators, an electron accelerator and others. After 50 years of activities in the nuclear field, there have been many environmental liabilities that are being remedied in the NRI. There are 3 areas of these remediation activities: - decommissioning of old obsolete facilities, - processing of RAW resulting from operation and dismantling of nuclear facilities, and - elimination of spent fuel from research nuclear reactors. 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 should be finished in 2014. (orig.)

  20. 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.)

  1. Nuclear Liability and Insurance of Nuclear Damage in the Czech republic

    International Nuclear Information System (INIS)

    Zaruba, P.

    1998-01-01

    The paper gives a short introduction to the past and present situation of operation and construction of nuclear power plants in the Czech Republic, including some basic technical data and background information. It then continues in providing up to date information on the Czech nuclear legislation and consideration of various questions and problems in the light of the respective legal clauses (e.g. minimum insurance requirements, treatment of small reactors and small quantities of nuclear material, state guarantees etc.). The paper gives more detailed information about practical application of the insurance clauses of the Atomic Act, including some time related questions. A considerable part of the paper is dedicated to the past history and present functions and activities of the Czech Nuclear Insurance Pool which was officially founded in 1995 and is without doubt one of the most active and successful national nuclear insurance pools of the former East European countries. (author)

  2. 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.)

  3. Nuclear Law Bulletin No. 98. Volume 2016/2

    International Nuclear Information System (INIS)

    Wetherall, Anthony C.; Soedersten, Anna; Berger, Marjorie; Paez, M.R.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Majerus, P.; Nowacki, T.; Pospisil, M.; Skraban, A.; Noelliste, N.E.; 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 'Strengthening the international legal framework for nuclear security: Better sooner rather than later'; 'Brexit, Euratom and nuclear proliferation'; and 'McMunn et al. v Babcock and Wilcox Power Generation Group, Inc., et al.: The long road to dismissal'

  4. How nuclear liability practices have been implemented in US. US nuclear claims experience

    International Nuclear Information System (INIS)

    Bardes, C.R.

    2000-01-01

    Three Mile Island has been only major nuclear incident in US involving a power plant that resulted in payments to public. In addition to Three Mile Island, there have been only 3 lawsuits by members of the public against nuclear power plant operators; these alleged bodily injury and property damage resulting from normal operations. Of 202 claims handled by ANI, 161 involved individual nuclear facilities workers. Costs of the worker claims (through 1998) was US $1.5 million for indemnity (losses) and US$35.9 million for legal defense costs. By far, 1979 TMI accident produced largest number of third-party claims. ANI's emergency claims handling procedure for large nuclear accident tested and proved itself at Three Mile Island

  5. 2002 summit course at the international nuclear law school

    International Nuclear Information System (INIS)

    Dietze, W.

    2003-01-01

    Report by a participant in the International Nuclear Law School. In 2001, this advanced training course was first offered by the OECD-NEA together with the University of Montpellier and other international partners. This effort is intended to provide an overview of nuclear law, a discipline normally playing a subordinate role in curricula. In this way, a contribution is to be made to the important preservation of the existing knowledge base and to increasing know-how in this field. In 2003, the International Nuclear Law School will be continued with a new curriculum addressed to all interested participants. (orig.) [de

  6. Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

    International Nuclear Information System (INIS)

    1997-01-01

    The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996

  7. Act No. 732 of December 7, 1988. Act to amend the Act on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1988-01-01

    This Act amends Act No. 332 of June 19, 1974 on civil liability for nuclear damage, enabling Denmark to ratify the 1982 Protocols to amend the Paris Convention and the Brussels Supplementary Convention as well as the 1988 Joint Protocol relating to the application of the Vienna and the Paris Convention. The 1988 Act raises the nuclear operator's liability from 75 million DKr to 60 million SDRs while cover involving State funds is raised from 120 million units of account to 300 million SDRs. The Act entered into force on July 1, 1989 except for the provision on State funds which becomes effective when the 1982 Protocol amending the Brussels Convention comes into force. (NEA) [fr

  8. Lasers and losers in the eyes of the law: liability for head and neck procedures.

    Science.gov (United States)

    Svider, Peter F; Carron, Michael A; Zuliani, Giancarlo F; Eloy, Jean Anderson; Setzen, Michael; Folbe, Adam J

    2014-01-01

    interventions, otolaryngologists were more likely to be named as defendants in the latter category. Although cases had modest indemnities compared with prior analyses, the potential for significant amounts was present. Inclusion into the informed consent process of specific factors detailed in this analysis may potentially decrease liability. In addition, physicians and patients should undergo comprehensive discussion regarding expectations as well as contingencies should adverse events occur. 4.

  9. Ministerial Decree of 3 March 1978 approving the general conditions of the third party liability insurance policy for operators of nuclear installations and the general conditions of insurance policies for third party liability for transport of nuclear materials

    International Nuclear Information System (INIS)

    1978-01-01

    This Decree by the Ministry for Industry, Commerce and Crafts and the Ministry for transport of Italy was made in implementation of Section 2 of the Decree No. 519 by the president of the Republic of 2 May 1975 amending Section 15 to 24 of Act No. 1860 of 31 December 1962 on the Peaceful Uses of Nuclear Energy. This present Decree approves the general conditions of third party liability insurance policies for operators of nuclear installations and for transport of radioactive materials. (NEA) [fr

  10. Nuclear waste management and problems arising from constitutional law

    International Nuclear Information System (INIS)

    Rauschning, D.

    1983-01-01

    The author discusses the problems arising in the field of nuclear waste management on account of the constitutional law. Especially the difficulties emanating from the conflict between the provisions of section 9a of the Atomic Energy Act and the provisions of constitutional law are dealt with in detail, referring to the monography of H. Hofmann, 'legal aspects of nuclear waste management'. The author comes to the conclusion that the reqquirements laid down in section 9a-9c of the Atomic Energy Act are in agreement with the Basic law. There is, he says, no unreasonable risk for future generations, as the provisions of the nuclear law provide for sufficient safety of sites and equipment selected for the final storage of nuclear waste, ensuring that radioactive leakage is excluded over long periods of time. In the second part of his lecture, the author discusses the problem of competency and delegation of authority with regard to the reprocessing of radioactive waste. (BW) [de

  11. 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

  12. A legal framework of financial liability of the nuclear power reactor industry in the field of waste management in Sweden and proposals for improvements

    International Nuclear Information System (INIS)

    Martensson, C.; Lofgren, T.

    2006-01-01

    According to the nuclear legislation in Sweden, companies licensed to operate nuclear power plants have overall responsibility for safely managing all nuclear waste and to pay all expenses regarding final disposal. A committee was set up by the Government to explore the requirements in the present legislation, and if necessary, make proposals for improvements. The committee proposed that the liability of the industry for costs should be formalised by extending the liability to pay fees until the time at which the waste disposal sites are sealed, and by extending this liability to include an owning company in each group, in addition to the reactor owner. The aim of this secondary liability payment is that it shall rest with the company in a group that has ability to make the payments. (author)

  13. Ministerial Decision No. 512/78 of 22 June 1978 on a Certificate under Section 40 of the Nuclear Liability Act

    International Nuclear Information System (INIS)

    1978-01-01

    Decision No. 512/78 of the Ministry of Trade and Industry was made by virtue of Section 40 of the Nuclear Liability Act of 8 June 1972. The certificate of financial security for the transport of nuclear substances complies very closely with the model certificate elaborated by the OECD Nuclear Energy Agency Steering Committee. (NEA) [fr

  14. 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

  15. 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

  16. 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

  17. Proposed law concerning the phase-out of nuclear power

    International Nuclear Information System (INIS)

    1997-01-01

    This Government bill that will be presented to the Swedish Parliament, gives the Government the right to revoke the licence of operating a nuclear power plant at a certain time. The operator is given the right to a financial compensation when the licence is revoked, in line with the rules in the expropriation laws. Safety aspects of operation of nuclear installations are not regulated in this law, i.e. the law can not be used when the operating licence is revoked due to safety reasons

  18. Nuclear energy as reflected in Constitutional Law

    International Nuclear Information System (INIS)

    Ossenbuehl, F.

    1981-01-01

    The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH) [de

  19. IAEA and the international nuclear law development

    International Nuclear Information System (INIS)

    Jankowitsh, O.

    1996-01-01

    This paper summarizes the different objectives of the IAEA (International Atomic Energy Agency) as far as nuclear energy use is concerned. It presents the status of the organization, its action int the non-proliferation treaty, and its work on the safeguard regulations. These measures have been taken during the Convention on nuclear safety in 1994. This convention concerns nuclear power plants as well as storage of radioactive wastes. (TEC)

  20. The nuclear energy in the context of Brazilian law

    International Nuclear Information System (INIS)

    Faria, N.M. de; Goes Fischer, M.D. de

    1981-01-01

    The present work has as its objective the study of nuclear activity within the context of Brazilian Law. It focuses on the organizational structure in which, as part of the Directives of the National Nuclear Energy Policy, this activity is being developed through specific legal norms. (Author) [pt

  1. The Newcomb-Benford law and nuclear half-lives

    International Nuclear Information System (INIS)

    Farkas, J.; Gyuerky, Gy.

    2010-01-01

    Compete text of publication follows. The satisfaction of the Newcomb-Benford law (a.k.a. Benford's first digit law) is a long standing issue in science, and has interesting mathematical and philosophical consequences. It was identified by Newcomb in 1881 and reinvented later by Benford in 1938. The law states that the distribution of the first digit of numbers taken from various sources like magazines, scientific publications, wealth statistics, etc. . . follows the law P d = lg (1 + 1/d) (d = 1, 2, ..., 9), where d is the given digit. It was reported recently that the satisfaction of the law was observed in nuclear decay half-life datasets. Based on this fact, it was implied that the law is helpful as a test for nuclear decay models, as well as it can be used to search for new physical phenomena (like self organized criticality) which can be responsible for the satisfaction of the law. The mathematical conundrum of the Newcomb-Benford law has been solved in 2008 for numbers coming from a data set with a given distribution. The 'Benford compliance theorem' uses the Fourier transform of the probability distribution function of the numbers to identify the characteristics of the distribution responsible for the satisfaction of the law. In our work we confirmed that the halflives of radioactive nuclei satisfy the law by using two standard techniques: direct plotting and the 'ones scaling test' method. We also showed that the distribution of the half-life values closely resembles a log-normal distribution stretching through about 54 orders of magnitude. By using the Fourier transform of the distribution function we showed that the numbers with such a distribution automatically satisfy the Newcomb-Benford law, due to the compliance theorem. Thus we concluded that the satisfaction of the law provides no additional clue on whether a nuclear model is valid or not, given it produces a similar distribution of halflives as observed.

  2. The national law on nuclear activity: some consequences

    International Nuclear Information System (INIS)

    Gonzalez Acosta, G.

    1997-01-01

    This article describes the contents of the new National Law on Nuclear Activities of the Argentine Republic, analysing the functions of the National Atomic Energy Commission (CNEA), the Nuclear Regulatory Authority (ARN) (former National Board of Nuclear Regulation -ENREN) and the privatisation of the nuclear power generation performed by the enterprise Nucleoelectrica Argentina S.A. (NASA). It also includes some comments about political and legislative records of the Law in the framework of the Nation's reorganization undertaken by the National Government for the privatisation of the rendering of public services, such as the production of energy and related activities. The Law was approved by Law 24.804 of April 2, 1997, and published in the Official Bulletin of the Argentine Republic on April 25, 1997. In accordance with the provisions of this Law, the National Government, through the above mentioned organisations, will fix the nuclear policy and the functions of research, development, surveillance and control of the nuclear activity. Also, as part of the execution of the nuclear policy, all the obligations accepted by Argentina as signatory party to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Tlatelolco Treaty), the Treaty on Non-Proliferation of Nuclear Weapons (TNP), the Agreement between the Argentine Republic and the Federative Republic of Brazil through the Brazilian-Argentine Agency for Accounting and Control of Nuclear Materials (ABACC) and the International Atomic Energy Agency (IAEA) to enforce Safeguards, in addition to the commitments signed by Argentina as a member of the Suppliers Group and the National Control System for Sensitive Exports, shall be met [es

  3. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  4. Decree No. 79-623 of 13 July 1979 publishing the Decision on the exclusion of certain categories of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and the Decision (with an annex) on the exclusion of small quantities of nuclear substances from the scope of the Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy, adopted on 27 October 1977

    International Nuclear Information System (INIS)

    1979-01-01

    This decree lays down that certain specified quantities and categories of nuclear substances are excluded from the nuclear operator's liability. This implements in France two Decisions taken by the NEA Steering Committee under the Paris Convention which enables the Committee to exclude from the operator's liability, nuclear installations, fuel or substances if the small extent of the risks involved so warrants. Both Decisions are reproduced in the Decree. (NEA) [fr

  5. Nuclear energy and nuclear law in Macedonia and neighbor countries Bulgaria, Serbia and Albania

    OpenAIRE

    Ampovska, Marija

    2013-01-01

    In this paper the emphasis is on nuclear energy and its peaceful use in the world, in accordance with the construction of nuclear law on international level and in the scope of the national regime. The world today is living in a nuclear renaissance where nuclear energy is used in great quantity and the usage is growing. On the other side, the 1986 Chernobyl accident confirmed prior theoretical assessments that a nuclear accident might cause damage of an extreme magnitude. The detrimental effe...

  6. Nuclear law bulletin supplement to no. 72

    CERN Document Server

    2003-01-01

    When the Joint Convention on the Safety of Spent Fuel Management and on the Safety ofRadioactive Waste Management1 came into force in June 2002, following by almost five years theentry into force of the Convention on Nuclear Safety (CNS),2 the major elements3 of the InternationalAtomic Energy Agency's long-planned international legal regime on nuclear safety4 appeared to befinally in place. This fact might have been expected to be a cause for general satisfaction, if not

  7. Nuclear law in Cuba. Utopia or reality

    International Nuclear Information System (INIS)

    Alonso Gonzalez, Ivonne

    2009-01-01

    The present article is a summary review of the legal basis for the use of nuclear energy in Cuba. Background, historical evolution and the current concept of the Cuban legislation are approached by illustrating the reader on a topic that is practically unknown, in spite of its daily presence in places such as hospitals, factories or airports. The awareness, perception and acceptance of nuclear energy applications consequently should have an impact on the ignorance of their legal edges, the issue we approached presenting a group of weighing elements, in pursue of the answer. Utopia or Reality

  8. Application of the Vienna Convention and the implementation at worldwide level of nuclear liability principles

    International Nuclear Information System (INIS)

    Martinez Favini, J.

    1985-01-01

    This paper analyses the distinction between the status of the Vienna Convention and the status of the incorporation of the Convention's principles in national laws. Ten countries are Parties to the Vienna Convention, three others have signed it (only one of which could become a Party in the short term) and only two have established legislation. In such circumstances, and for the future, any analysis should be expanded to encompass the present and potential difficulties of the nuclear industry which has been particularly affected by the world economic and financial crisis. Also, a better understanding of the basic differences between the majority of countries which are potential parties to the Vienna Convention and the countries parties to the Paris Convention should be attained by a study on a case-by-case basis. (NEA) [fr

  9. 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)

  10. 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).

  11. Handbook on Nuclear Law: Implementing Legislation (French Edition)

    International Nuclear Information System (INIS)

    Stoiber, C.; Cherf, A.; Tonhauser, W.; Vez Carmona, Maria de Lourdes

    2011-01-01

    In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have - if anything - been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non-power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such

  12. Handbook on Nuclear Law: Implementing Legislation (Spanish Edition)

    International Nuclear Information System (INIS)

    Stoiber, C.; Cherf, A.; Tonhauser, W.; Vez Carmona, Maria de Lourdes

    2012-01-01

    In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have - if anything - been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non-power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such

  13. 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

  14. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  15. Competition Law and the Nuclear Sector: An EU Outlook

    International Nuclear Information System (INIS)

    Sousa Ferro, M.

    2010-01-01

    Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

  16. Criminal law. [Propositions for the inclusion of nuclear offenses

    Energy Technology Data Exchange (ETDEWEB)

    da Silva, J.M.

    1979-07-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed.

  17. The impact of the liberalisation of electricity markets on nuclear liabilities

    International Nuclear Information System (INIS)

    Selling, Henk A.

    2003-01-01

    transferral of shares focused on a fair share of all parties concerned in the future losses of COVRA. HLW is presently generated by essentially 5 customers: Borsele and Dodewaard NPPs, JRC and IRI research reactors, and one institute for nuclear energy research (ECN). These 5 customers have joined forces and concluded an agreement for the construction of a long-term interim storage facility for HLW, the HABOG. This agreement includes a break-down of the costs associated with construction (1999 - 2003) as well as with maintenance of the HABOG both during its active phase (2003 - 2015) and passive phase of operation (2015 - ). The total construction cost for the HABOG is estimated at euro 116 million. For the realisation of an underground disposal facility for both LILW and HLW a total amount of about euro 1.23 billion is estimated. For HLW only a cost estimate of approximately euro 0.82 billion is utilised. Financial provisions have been made on the assumption that disposal will not occur before 2130 and annual contributions are being paid into the fund which are based on a discounting rate of 3.5 %. An advisory committee on the stranded costs in the electricity production sector recommended that as a next step after the transformation of COVRA into a State-owned Agency, a merger between GKN, the operator of the decommissioned nuclear power station at Dodewaard and COVRA, should be effectuated. It is envisaged that the joint venture between the two companies can be realised as soon as the financial obligations for the long-term management of the radioactive waste from Dodewaard NPP have been settled. Both parties have the intention to achieve an agreement in the course of 2003. The main issues of contention at the moment are related to the total cost estimates for the liabilities of GKN - which to the view of COVRA and the government are underestimated

  18. 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...... the virtues and limits of loss-sharing rules in generating optimal (second-best) incentives and allocations of risk. We find that loss sharing may be optimal in the presence of countervailing policy objectives, homogeneous risk avoiders, and subadditive risk, which potentially offers a valuable tool...

  19. Report realized on behalf of the Foreign Affairs Commission, of Defense and Armed Forces on the law project allowing the agreement approbation between the French Republic Government and the Russian Federal Government relative to the civil liability concerning the nuclear damages occurring from goods supplying to nuclear facilities in Russian Federation and becoming from the French Republic; Rapport fait au nom de la commission des affaires etrangeres, de la defense et des forces armees sur le projet de loi autorisant l'approbation de l'accord entre le Gouvernement de la Republique francaise et le Gouvernement de la Federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la Republique francaise destinees a des installations nucleaires en Federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2002-07-01

    The first part presents the international civil liability system in the nuclear domain and details then the 20 june 2000 agreement. It presents also the main aspects of the french-russian cooperation in the nuclear domain. (A.L.B.)

  20. 75 FR 76946 - Demurrage Liability

    Science.gov (United States)

    2010-12-10

    ... be a good idea. Groves relies on contract law principles to support its view that a receiver of goods... the IC Act, contract law, agency law, and principles of notice/fairness: Describe the circumstances... chain before reaching their ultimate destination. Notwithstanding the usual common-law liability (for...

  1. Act No. 3062 fo 24 October 1984 ratifying the 1982 Protocol to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1984-01-01

    This Act authorizes Turkey to ratify the Protocol of 16 November 1982 to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy. The Protocol in particular replaces the unit of account used in the Convention by the Special Drawing Right of the International Monetary Fund and also makes several technical amendments. (NEA) [fr

  2. New Law on Nuclear Energy into force on March 1, 1988

    International Nuclear Information System (INIS)

    Santaholma, J.

    1988-01-01

    In Finland new Law on Nuclear Energy enters into force on March 1, 1988 after ten years' preparation work. The Parliament approved the new law, compensating the old law on atomic energy on 1957, unanimously in November 1987. The new law provides the decisions on new nuclear power plants to be made by the Government and finally ratified by the Parliament

  3. Prevention of damage and 'residual risk' in nuclear power laws

    International Nuclear Information System (INIS)

    Greipl, C.

    1992-01-01

    The concept of prevention of damage within the framework of nuclear power laws includes averting danger for the protection of third parties and preventing risks for the partial protection of third parties with the proviso that still a desire to use the concept 'residual risk' in addition, it should be limited, on the grounds of what can be reasonably expected, to those risks which cannot be reduced any further by the government, i.e. to risks which the public in general and third parties ('actually') must accept. In the future, questions regarding safety systems should be taken into account exclusively withing the context of 'what is necessary for protection against damage in keeping with the latest developments in science and technology' and not at the discretion of the law in denying permission according to Article 7 Paragraph 2 Atomic Energy Law. (orig.) [de

  4. On the project of Russian Law on nuclear power utilization

    International Nuclear Information System (INIS)

    Koryakin, Yu.I.

    1992-01-01

    Basic requirements to be met by the Law on nuclear power utilization, as well as by the basic provisions of the project developed in Russia are considered. Introduction of certificates on equipment quality during its manufacturing relates to one of the project positive features, as well as civilian-legal responsibility for radiation damage, introduction of insurance policy and introduction of responsibility for the project nonqualitative expertize

  5. 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

  6. Implementation of Mandatory Enterprise Registration (WDP Following the Effectiveness of Law No. 40 Year 2007 Concerning Limited Liability Companies in the Era of Regional Autonomy

    Directory of Open Access Journals (Sweden)

    Ari Wahyudi Hertanto

    2014-12-01

    Full Text Available Implementation of company registration shall be constrained because of differences in the interpretation of the meaning of the provisions of Article 29 of Law No. 40 of 2007 on Limited Liability Company, which determines that the registration of the company held by the Ministry of Justice and Human Rights. The provisions of Article 29 is interpreted by many practitioners as lex specialis of Act 3 of 1982 regarding Company Registration Requirement. The reality is not so. Company registration remains to be done pursuant to Act 3 of 1982. There are no provisions that override or cancel that Act 3 of 1982 to enforce Article 29 of Law No. 40 of 2007. Each law urgency is equally important. Act 40 of 2007 for the purpose of publication, while Act 3 of 1982 is to find out information about the company, either types of business activities, locations, shares and so forth. Registration of the company is still to be done on both the ministry under the provisions of law referred to.

  7. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

  8. Federal Administrative Court on priorities between water law and nuclear law procedures

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

  9. The role of nuclear law in nuclear safety after Fukushima; El rol del derecho nuclear en seguridad nuclear luego de Fukushima

    Energy Technology Data Exchange (ETDEWEB)

    Cardozo, Diva E. Puig, E-mail: d.puig@adinet.com.uy [International Nuclear Law Association (INLA), Montevideo (Uruguay)

    2013-07-01

    The paper contains the following topics: nuclear law, origin and evolution, role of the legal instruments on nuclear safety, nuclear safety the impact of major nuclear accidents: Chernobyl and Fukushima. The response of the nuclear law post Fukushima. Safety and security. International framework for nuclear safety: nuclear convention joint convention on safety on spent fuel management and on the safety of radioactive waste management. The Fukushima World Conference on Nuclear Safety. Convention on Prompt Notification and Assistance in case of a Nuclear Accident or Radiological Emergency. Plan of Action for Nuclear Safety. IAEA recommendations for the safety transport of radioactive material. International framework for nuclear security. Convention on the Physical Protection of Nuclear Materials. International Convention for the Suppression of Acts Against Nuclear Terrorism. Resolution No. 1540 of the Security Council of United Nations (2004). Measures to strengthen international safety. Code of conduct on the safety research reactor.

  10. 77 FR 74121 - Limited Liability Partnerships (LLPs)

    Science.gov (United States)

    2012-12-13

    ... tax treatment, without regard to State law status. Id. A partnership that opts for treatment as an... liability partnership under the laws of the State in which it is established.'' Paragraph (c)(2) would state... liability partnerships may operate pursuant to Federal campaign finance laws. The only economic impact...

  11. Amendment of the atomic energy basic law and other related laws and establishment of the nuclear safety commission

    International Nuclear Information System (INIS)

    Ochi, Kenji

    1978-01-01

    The Atomic Energy Basic Law and related several laws were amended in the recent diet session. The amendment of the laws was requested after the radiation leakage from nuclear-powered ship ''Mutsu''. The reform of administrative system of atomic energy development and utilization are consisted of two important points: one is to establish the Nuclear Safety Commission for strengthening nuclear safety administration, and the other is to give an authority to each ministry or agency to regulate nuclear power reactor from the establishment to operation according to its original mission. (author)

  12. On harmonizing nuclear energy law. Introductory remarks to the general theme of Nuclear Inter-Jura '85

    International Nuclear Information System (INIS)

    Pelzer, N.

    1986-01-01

    The president of AIDN/INLA Norbert Pelzer points out that international harmonization can easier be achieved in nuclear energy law than in other legal disciplines. In many States there already exist widely harmonized laws, because national legislation had to adopt international obligations. International harmonization of nuclear energy law leads to a higher degree of international legal certainty. (WG) [de

  13. The accelerated phase-out from the peaceful use of nuclear energy. An evaluation of the nuclear moratorium with respect to the atomic law, the constitutional law, European law and the 13th atomic law amendment

    International Nuclear Information System (INIS)

    Schloemer, Jan

    2013-01-01

    The report covers the following topics related to the legal situation as consequence of the nuclear moratorium in Germany: description of the topics, legal consideration of the moratorium analysis of the hazard definition, consequences of the nuclear phase-out in terms of the constitutional law, European constraints and possibilities following the nuclear phase-out.

  14. Insurance considerations arising from the revision of the Paris and Brussels conventions on nuclear liability

    International Nuclear Information System (INIS)

    Warren, G. C.

    2000-01-01

    The work being undertaken by the 14 countries, party to the 1960 Paris Convention in preparing a revised instrument will or so it is to be hoped provide a more comprehensive scope of liability and a larger compensatory fund for the protection of potential victims. Both these developments have serious implications for insurers or other providers of financial security. Equally they are of concern to society itself as it will be necessary to balance the needs of the individual for example, in obtaining redress for injury or damage to personal property with the need to provide for the ''common good''. The author's paper will attempt to explore these avenues, to point to perceived difficulties and, perhaps, to acceptable solutions. (author)

  15. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy

    2003-01-01

    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  16. 29 CFR 18.411 - Liability insurance.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Liability insurance. 18.411 Section 18.411 Labor Office of... OF ADMINISTRATIVE LAW JUDGES Rules of Evidence Relevancy and Its Limits § 18.411 Liability insurance... evidence of insurance against liability when offered for another purpose, such as proof of agency...

  17. 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)

  18. The State non-contractual liability because of forced displacement of persons (Setting up a line of case law in State council decisions

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

    Full Text Available Initially the theory of repairing the damage caused by act or omission attributable to the state as a subject faced the dogma of irresponsibility. This was a paradigm that in the context of the new constitutional law should not be allowed any validity because it is not a case of the exercise of a divine power or Leviathan because of its superiority over the inhabitants, as institutionalist theses of yore held. However, as it will be evident, there is some jurisprudence position that reminds us of those theses concerning the state responsibility because of the case of displaced persons and there are doctrinal realities that pose their attenuated return since the law of non-contractual liability appears as an option which is ill-suited for the victims. Hence the need to determine the pattern of resolution to the legal problem posed by the Administrative Justice in order to identify its characteristics and to establish the road map drawn to repair one of the most flagrant violations of human rights and humanitarian international law.

  19. Medical liability and patient law in Germany. Main features with particular focus on treatments in the field of interventional radiology; Arzthaftung und Patientenrechtegesetz in Deutschland. Die Grundzuege unter besonderer Beruecksichtigung von Behandlungen auf dem Gebiet der Interventionellen Radiologie

    Energy Technology Data Exchange (ETDEWEB)

    Sommer, S.A.; Geissler, R. [Kapp and Geissler Lawyers, Stuttgart (Germany); Stampfl, U.; Radeleff, B.A.; Kauczor, H.U.; Sommer, Christof M. [Univ. Hospital Heidelberg (Germany). Clinic for Diagnostic and Interventional Radiology; Wolf, M.B. [German Cancer Research Center (DKFZ), Heidelberg (Germany). Radiology (E010); Richter, G.M. [Klinikum Stuttgart (Germany). Clinic for Diagnostic and Interventional Radiology; Pereira, P.L. [SLK Kliniken, Heilbronn (Germany). Radiology, Minimally-invasive Therapies and Nuclearmedicine

    2016-04-15

    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.

  20. 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)

  1. 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

  2. Nuclear liability legislation in the Czech Republic - current status and expected development

    International Nuclear Information System (INIS)

    Zaruba, P.; Posad, M.

    2000-01-01

    The paper gives a short introduction to the present situation of operation and construction of nuclear power plants in the Czech Republic, including some basic technical data and background information. It then continues in providing up to date information on the Czech nuclear legislation, which followed the adoption of the Atomic Act. It also gives consideration of various questions and problems in the light of the respective legal clauses (e.g. minimum insurance requirements, treatment of small reactors and small quantities of nuclear material, state guarantees etc.). The paper provides some more detailed information about the practical application of the insurance clauses of the Atomic Act, including some time-related questions. The final part of the paper is dedicated to insurance matters, especially the present functions and activities of the Czech Nuclear Insurance Pool which was officially founded in 1995 and is now concluding the fifth year of business activities. (author)

  3. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  4. 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.

  5. International humanitarian law, nuclear weapons and the prospects for nuclear disarmament

    International Nuclear Information System (INIS)

    Anastassov, Anguel

    2013-11-01

    The author first recalls the general principles of the International Humanitarian Law (IHL) and outlines its main gaps (application of the notion of protected person, classification between own territory and occupied territory). Then and in this respect, he comments the various characteristics of nuclear weapons considered as explosive devices, and notably as they are thus addressed by the International Court of Justice (ICJ). He comments the legal status of the ICJ advisory opinions, and more particularly the relationship between the ICJ advisory opinion on nuclear weapons and the IHL. Different aspects are addressed and discussed: the principle of distinction, the prohibition of the use of weapons that cause unnecessary suffering or superfluous injury. The author then comments NATO's nuclear policy in the international environment, and discusses the status and condition of nuclear deterrence. In order to address prospects for nuclear disarmament, the author notably compares differences between the arms control and non-proliferation approach, and the humanitarian disarmament approach

  6. Alcohol on Campus and Possible Liability.

    Science.gov (United States)

    Buchanan, E. T.

    1983-01-01

    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  7. The law for Japan Nuclear Ship Development Agency

    International Nuclear Information System (INIS)

    1977-01-01

    The Agency aims at developing nuclear-ships according to the priciples of the Atomic Energy Basic Law to promote the uses of atomic energy and help the progress of shipbuilding and marine transportation. The capital is 100 million yen plus the funds invested by the persons other than the government. The investment certificates are issued for the funds invested. The officers consist of the chief director, the representative director, not more than three directors and one auditor. The chief director and the auditor are appointed by the competent minister (the Prime Minister and the Minister of Transport) consulting with the Atomic Energy Commission. The representative director and directors are nominated by the chief director with approval of the competent minister. The scope of business includes the undertakings concerning nuclear ships, such as; the planning, building and operation; the training of the crew; the research and study; popularization of the results of such operations, etc. These activities are to be made in accordance with the basic program of nuclear-ship development determined by the competent minister. A chapter is dedicated to the finance and accounting, which includes provisions on the business year, authorization of the business program and others, the disposition of the business program and others, the disposition of profits and losses, and loans, etc. The Agency is supervised by the competent minister. (Okada, K.)

  8. Liabilities identification and long-term management decommissioning of nuclear installations in Slovak Republic

    International Nuclear Information System (INIS)

    Burclova, Jana; Konecny, Ladislav

    2003-01-01

    The decommissioning is defined as the safe removal of nuclear facilities from service and reduction of residual radioactivity and/or risk to a level enabling their use for the purpose of another nuclear facility or unrestricted use (site release) and termination of license. The Legal Basis for Decommissioning and Waste Management are described in 4 acts: - 1. Act 130/98 Coll. on peaceful use of nuclear energy (Atomic Act); - 2. The act No 127/1994 Coll. on environmental impact assessment (amended 2000); - 3. The act No 254/1994 Coll. on creation of state found for NPP decommissioning, spent fuel management and disposal investment (amended 2000, 2001); 4. The act No 272/1994 Coll. on protection of public health (amended 1996,2000). The licensing process for radioactive waste management installations as for all nuclear installations is running in following principal steps. The permits for siting, construction, operation including commissioning, individual steps of decommissioning and site release are issued by municipal environmental office on the basis of the Act No 50/1976 Coll. on territorial planning and construction rules and the decisions of the Nuclear regulatory Authority (UJD SR) based on the Atomic Act. The safety documentation shall be prepared by applicant and it is subject of the regulatory bodies approval, for nuclear safety is responsible UJD SR, for radiation protection Ministry of Health, for fire protection Ministry of Interior and for general safety Ministry of Labour, Social Policy and Family. UJD SR issues the permit for each decommissioning phase based on review and approval of safety documentation. Decommissioning Strategy of Slovak Republic was strongly influenced by the changes of Waste Management Strategy. During the last time UJD SR dedicated the great effort to principal improvement of legislation, to cooperation with Ministry of Economy with the aim to create rules for financial sources for decommissioning activities and to enforcement of

  9. Act No. 18/1997 of 24 January 1997 on peaceful uses of nuclear energy and ionizing radiation (Atomic Act) and on the amendment of some laws

    International Nuclear Information System (INIS)

    1997-01-01

    This Act is the fundamental law governing the peaceful uses of nuclear energy and ionizing radiation in the Czech Republic, superseding all the previous Czech laws dealing with the partial segments of this field. The following topics are covered: (a) ways of using nuclear energy and ionizing radiation and requirements for activities associated with the use of nuclear energy and activities resulting in irradiation; (b) the system of protection of persons and the environment from adverse effects of ionizing radiation; (c) responsibilities in connection with the development and implementation of provisions to reduce natural irradiation and irradiation due to radiation accidents; (d) special requirements to ensure liability for nuclear damage; (e) conditions and requirements for a safe radioactive waste management; and (f) national regulatory responsibilities and activities with respect to the use of nuclear energy and activities resulting in irradiation, and to the supervision of nuclear items. This concerns particularly the State Office for Nuclear Safety as the national regulatory body. (P.A.)

  10. Colloquium on the Past, Present and Future of the Nuclear Law Committee

    International Nuclear Information System (INIS)

    Echavarri, Luis; Schwartz, Julia; Dussart-Desart, Roland; Pelzer, Norbert; Leger, Marc

    2007-01-01

    The NEA Nuclear Law Committee (NLC) celebrated its 50. anniversary in February 2007. To mark the occasion, a colloquium was organised on 6 February 2007 in conjunction with the committee's regular meeting in Paris, France. Those attending included nearly all former NLC chairs and former heads of NEA Legal Affairs. This document brings together the available presentations given at this colloquium: 1 - Welcoming Address (Luis Echavarri); 2 - The Nuclear Law Committee - A Historical Perspective (Julia Schwartz); 3 - The NEA Nuclear Law Committee - From the Viewpoint of a Committee Member (Norbert Pelze); 4 - Memorable Moments from Special guests; 5 - The Prospects for Nuclear Law (Marc Leger); 6 - Concluding Remarks (Roland Dussart-Desart)

  11. Nuclear liability claims handling and costs - Germany and some comparative solutions

    International Nuclear Information System (INIS)

    Harbruecker, D.

    2000-01-01

    Comparison of legal status in Central Europe: coverage by insurance and State intervention, coverage of legal expenses and interests on awards technical problems of claims handing after a nuclear incident: guidelines to be prepared by insurer before and not after an incident occurred, demands on provider of financial security claims handling for part guaranteed by State to be transferred to insurer, necessary regulations of such arrangements (author)

  12. Law no. 10.308 of 20th November, 2001 on radioactive waste repositories siting, construction, licensing, operation, inspection, costs, indemnity, civil liability and guarantees concerning to the radioactive wastes repositories and other provisions

    International Nuclear Information System (INIS)

    2001-01-01

    This Act was published on November 20, 2001 and set forth regulations on the final disposal of radioactive wastes produced in Brazil, including siting, construction, licensing, operation, inspection, costs, indemnities, civil liability and guarantees concerning to the radioactive wastes repositories. This act allows for installation and operation of initial, intermediary and final repositories in accordance with the criteria established by the Brazilian Nuclear Energy National Commission - CNEN. The person or organization granted with CNEN authorization for operation of the initial repositories shall be liable for personal, patrimony and environmental radiological damages. The civil liability of CNEN is concerned to the radioactive waste intermediary and final disposals and transportation

  13. Nuclear energy - the century's principles of law and good conduct in international nuclear trade

    International Nuclear Information System (INIS)

    Coimbra, G.L.

    1992-01-01

    This paper considers the object and nature of the models of nuclear co-operation between Brazil and developed countries, with regard to the peaceful uses of nuclear energy. As an observer, the author analyses some of the juridicial and ethical aspects of the Brazilian Nuclear Programme. She examines some of the realities to be faced, and points out how important it is to anticipate and take necessary steps in order that difficulties, which are easily identifiable, may be reversed in the near future. The author also calls into question the means for reversal of the current situation, so as to satisfy the parties concerned: Brazil and her potential partners. Finally, the paper aims at complying with the conclusions reached by Working Group number 3 of the International Law Association on ''The Principles of Good Conduct in the International Nuclear Trade''. (author)

  14. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1980-01-01

    The law intends under the principles of the atomic energy act to regulate the refining, processing and reprocessing businesses of nuclear raw and fuel metarials and the installation and operation of reactors for the peaceful and systematic utilization of such materials and reactors and for securing public safety by preventing disasters, as well as to control internationally regulated things for effecting the international agreements on the research, development and utilization of atomic energy. Basic terms are defined, such as atomic energy; nuclear fuel material; nuclear raw material; nuclear reactor; refining; processing; reprocessing; internationally regulated thing. Any person who is going to engage in refining businesses other than the Power Reactor and Nuclear Fuel Development Corporation shall get the special designation by the Prime Minister and the Minister of International Trade Industry. Any person who is going to engage in processing businesses shall get the particular admission of the Prime Minister. Any person who is going to establish reactors shall get the particular admission of the Prime Minister, The Minister of International Trade and Industry or the Minister of Transportation according to the kinds of specified reactors, respectively. Any person who is going to engage in reprocessing businesses other than the Power Reactor and Nuclear Fuel Development Corporation and the Japan Atomic Energy Research Institute shall get the special designation by the Prime Minister. The employment of nuclear fuel materials and internationally regulated things is defined in detail. (Okada, K.)

  15. Liability and the marketing of high-tech law enforcement technologies: the air bag and barrier strip stories

    Science.gov (United States)

    Overlin, Trudy K.

    1999-01-01

    This paper will present information regarding the fate of technologies developed in the national laboratory, which were designed to meet a specific law enforcement user need, but were or were not successful in making it to market. The two examples, one successful and one not completely successful, will be presented in a perspective to provide discussion as too why their individual fates were as such. The two examples, air bag restraint and barriers strip, both law enforcement technologies, were both designed to meet a targeted need, and yet their success was different. One has been licensed to an industry partner and is currently on the shelf for purchase. The other is awaiting a licensee and its future is still undetermined. The purpose of this paper is to discuss the specific paths these technologies have taken to market, and to demonstrate that even when researchers have a good idea, their technology may never make it to the shelf. This paper also addresses some of the pitfalls of what occurs when researchers are too distant from the user community and what that distance can do to a successful or unsuccessful technology. Understanding this process is essential to the user communities that anticipate the market of technologies that they often help assist with or provide insight to. It is also important for users and manufacturers to understand why the research and development process can take years, and why some things do not fully actualize in accepted technologies.

  16. The Hanau atomic energy laws. Nuclear fuel fabrication and the administrative law system

    International Nuclear Information System (INIS)

    Becker-Neetz, G.; Uebersohn, G.

    1989-01-01

    The review concentrates on administrative law aspects in the discussion of problems relating to the licences and preliminary notices of approval issued for the Hanau nuclear industry. The authors deal with the licences granted in 1974 (according to sec. 9 Atomic Energy Act), with the extended licensing requirements of sec. 7 Atomic Energy Act as amended by the 3rd amendment (concerning fabrication and handling of nuclear fuels), and the criminal court proceedings examining the conduct of the Alkem management and senior officers of the Hessian Ministry of Economics. Specific aspects investigated in the review include continuation of existing operations in accordance with transitory provisions, replacement of existing by new installations, and preliminary notice of approval. The preliminary notices of approval given up to the date of December 31, 1977 are said to have been illegal and extinct at that date, but the court's decision to abstain from punishment is accepted. The authors outline some possibilities of giving more concrete shape to the judicial control by administrative courts. (RST) [de

  17. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1979-01-01

    The law aims to perform regulations on enterprises of refining, processing and reprocessing of nuclear source and fuel materials and on establishment and operation of reactors to realize the peaceful and deliberate utilization of atomic energy according to the principle of the atomic energy basic law. Regulations of use of internationally regulated substances are also envisaged to observe international agreements. Basic concepts and terms are defined, such as: atomic energy; nuclear fuel material; nuclear source material; reactor; refining; processing; reprocessing and internationally regulated substance. Any person besides the Power Reactor and Nuclear Fuel Material Developing Corporation who undertakes refining shall be designated by the Prime Minister and the Minister of International Trade and Industry. An application shall be filed to the ministers concerned, listing name and address of the person, name and location of the refining works, equipment and method of refining, etc. The permission of the Prime Minister is necessary for any person who engages in processing. An application shall be filed to the Prime Minister, listing name and address of the person, name and location of the processing works and equipment and method of processing, etc. Permission of the Prime Minister, the Minister of International Trade and Industry or the Minister of Transport is necessary for any person who sets up reactors. An application shall be filed to the minister concerned, listing name and address of the person, purpose of operation, style, thermal output of reactor and number of units, etc. (Okada, K.)

  18. Legal aspects of search and mining of nuclear ores under Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

    The legal aspects of mining in the Brazilian law its general principles, the basic concepts and rules established in the constitution of Brazil, in the mining code and in special laws are analysed. The rules for mining and usage of nuclear ores and other ores of interest to the nuclear field are emphasized. (A.L.) [pt

  19. The role of nuclear weapon ban in the peace keeping laws of the United Nations

    International Nuclear Information System (INIS)

    Ivanov, Aleksandar

    2012-01-01

    The thesis includes a comparison of bilateral and multilateral nuclear weapon banning contracts and treaties (nuclear test ban treaty, nuclear weapon-free zones, nuclear disarmament etc.) and voluntary nuclear weapon abandonment declarations in view of legal aspects, their verification, ratification, included exceptions, and potential penalties. In the second part an eventual stabilization of the nuclear weapon ban and the non-proliferation treaty as customary international law and ''ius congens'' is discussed. The third part is concerned with possible measures and sanctions in connections with these laws. The fourth part discusses military measures for justifiable enforcement of the non-proliferation treaty and their legitimization.

  20. Some comments of the parlamentary actions about the province of Cordoba's nuclear policy law

    International Nuclear Information System (INIS)

    Martin, H.R.; Muller, E.

    1991-01-01

    In this paper, the actual status of the Cordoba Province's Nuclear Policy Law in Argentine Republic is presented. The different actions made in the parlamentary treatment of the law are described in detail, with mention of the more important subjects from each political force. The contents of the law are described in detail with special emphasis on the historical development of them. (Author) [es

  1. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1987-01-01

    General provisions specify the purpose of the Law and definitions of terms used in it. Provisions relating to control of business management for refining cover designation of business operation, requirements for designation, permission and report of alteration, report of commencement of business operation, revocation of designation, recording, and measures for wastes. Provisions relating to control of business management for processing cover permission of operation, requirements for permission, approval of design and construction plan, inspection of facilities, report of commencement of business management, measures for maintenance, suspension of use of facilities, responsible personnel for handling nuclear fuel, and permit, obligations, etc. of responsible personnel for handing nuclear fuel. Provisions relating to control of construction and operation of nuclear reactor cover permission of construction, permission concerning nuclear reactor mounted on foreign nuclear powered ships, requirements for permission, etc. Other articles stipulate provisions relating to control of business management for reprocessing, use of nuclear fuel substances, use of materials and substances covered by international regulations, designation of inspection organizations, and other rules. (Nogami, K.)

  2. Financing aspects of nuclear power plant construction under Polish economic conditions

    International Nuclear Information System (INIS)

    Besant-Jones, John E.

    1999-01-01

    Within the framework of the new Polish Energy Law the different issues important far financing a programme to develop nuclear power power in Poland such as: economic competitiveness of nuclear power, financing options for nuclear power projects, managing the various risks for financing nuclear power as well as nuclear and business liability are considered. The importance of policy issues is stressed

  3. Institutional system for the nuclear activities regulations; Cadre institutionnel pour la reglementation des activites nucleaires

    Energy Technology Data Exchange (ETDEWEB)

    Aissa, M.

    1996-10-01

    This paper points out the necessity of the laying down of regulations and institutions in the field of nuclear energy, due to the diversity of nuclear activities. Therefore different laws have been elaborated dealing with the use of nuclear energy and techniques, the control of nuclear facilities, the management and the transport of radioactive wastes and civil liability in nuclear damage. (TEC).

  4. Nuclear Liability Act of 8 March 1968 (No. 45) as amended by an Act of 10 May 1974 (No. 249) and by an Act of 22 December 1982 (No. 1275)

    International Nuclear Information System (INIS)

    1983-11-01

    The amendments to this Act fall into two categories. The first category of amendments enabled Sweden to ratify two 1982 Protocols amending the Paris Convention and the Brussels Supplementary Convention respectively. The other amendments raise the nuclear operator's liability from 50 million to 500 million Swedish crowns per incident and introduce a State liability over and above compensation available under the Brussels Convention, thus raising the aggregate amount of compensation to 3,000 million Swedish crowns. (NEA) [fr

  5. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1978-01-01

    This law has following two purposes. At first, it exercises necessary controls concerning nuclear source material, nuclear fuel material and reactors in order to: (a) limit their uses to those for the peaceful purpose; (b) ensure planned uses of them; and (c) ensure the public safety by preventing accidents from their uses. Necessary controls are to be made concerning the refining, fabricating and reprocessing businesses, as well as the construction and operation of reactors. The second purpose of the law is to exercise necessary controls concerning internationally controlled material in order to execute the treaties and other international agreements on the research, development and use of atomic energy (the first chapter). In the second and following chapters the law prescribes controls for the persons who wish to carry on the refining and fabricating businesses, to construct and operate reactors, and to conduct the reprocessing business, as well as for those who use the internationally controlled material, respectively in separate chapters by the category of those businesses. For example, the controls to the person who wishes to construct and operate reactors are: (a) the permission of the business after the examination; (b) the examination and approval of the design and methods of construction prior to the construction; (c) the inspection of the facilities prior to their use; (d) periodic inspections of the facilities; (e) the establishment of requirements for safety measures and punishments to their violations. (Matsushima, A.)

  6. 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

  7. The law for Japan Nuclear Ship Development Agency

    International Nuclear Information System (INIS)

    1978-01-01

    The law prescribes in the 1st chapter the establishment of above mentioned agency as a legal person with its principal office in Tokyo and with the investment of 100 million yens by the government as a part of its capital. The 2nd chapter includes the provisions about officers of the agency, according to them: the agency has a president and a executive director, directors within 3 persons, and a auditor; the president and auditor are to be appointed by the competent Minister after consulting with the Atomic Energy Commission and directors including the executive director should be appointed by the president after receiving the approval of the competent Minister; and terms of their offices are 2 (auditor) to 4 years (others). In the 3rd chapter the business of the agency is defined as to include: the design, construction and operation of nuclear ships; education and training of the crew of those ships; research and studies concerning above listed activities; and others. The 4th chapter prescribes the procedures of finance and accounting of the agency, according to them: the agency's business plan, budget and finance plan should each year be sanctioned by the competent Minister before the beginning of the year; and the financial documents should each year be approved by the Minister after the end of the year. (Matsushima, A.)

  8. Danger defence and risk provision in nuclear law

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    Starting from the atomic-law term of danger, which is defined as a product of likeliness and volume of damage, the author comments upon the decisive and, as to date, unsolved question of which degree of likeliness a possible course of events must have in order to be taken into consideration as a danger that must be averted. In doing this, it is stressed that the most important point is to find a rationally practicable standard of likeliness or unlikeliness. This standard is then developed from the deterministical point of view. It corresponds with the postulate that effective precautions must be taken against all known causes for incidents and accidents. A standard of practical ratio results from this: damage does not have to be taken into consideration any longer if, due to the precautions taken and the knowledge level of the leading scientists and technicians, if it is not likely to occur. In addition to this preventive protection from danger, paragraph 7, Sec.2 No.3 Atomic Energy Act stipulates another risk under the reservation of precaution, however the technical possibility of realization and the relativity of expenditure and benefit. With regard to these criteria, the author gives his opinion on the judgements of the administrative courts in Wuerzburg and Freiburg which, starting from the same principles, have different points of view on the question of the so-called rupture safety in nuclear power plants. (UN) [de

  9. 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

  10. 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.

  11. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    M. Malik

    2014-03-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  12. The nuclear energy: law and fear; Le nucleaire: droit et peur

    Energy Technology Data Exchange (ETDEWEB)

    Mezghani, A. [Tunis Univ. (Tunisia). Faculte des Sciences

    1996-10-01

    This document mentions the feeling of fear which goes along the idea of nuclear energy, as well as ethics and law. Technological aspects, political choices and financial matters are responsible for the nuclear energy development. Then it is shown that the consequences of this development is the continuous feeling of fear and risk which goes with every nuclear activities. (TEC).

  13. 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

  14. Atomic energy law Netherlands

    International Nuclear Information System (INIS)

    Bischof, W.

    1976-01-01

    The volume contains the valid national legal regulations of the Kingdom of the Netherlands in the field of the peaceful uses of nuclear energy as per October 1st, 1975. These regulations are arranged according to the following subjects: 1) general atomic energy law and organization; 2) liability; 3) nuclear facilities, reactor ships, fissionable material and ores; 4) radiation protection; 5) carriage; 6) import and export; 7) international agreements. Within these subject groups the regulations are presented chronologically. They have consecutive numbers, printed at the top of the margins for easier location. As a rule, the full text of the laws, royal ordonances and ministerial orders is given. However, in the case of regulations only containing in parts stipulations concerning nuclear law, only the pertinent texts have been considered. (orig./HP) [de

  15. Environmental law in Thuringia. Text collection with introduction. Pt. 1. Waste law, nuclear, radiation and energy law, soil protection law and land reparcelling, forestry law, fishing and hunting law; Umweltrecht in Thueringen. Textsammlung mit Einfuehrung. Bd. 1. Abfallrecht, Atom-, Strahlenschutzrecht und Energierecht, Bodenschutzrecht und Flurbereinigung, Forstrecht, Fischerei- und Jagdrecht

    Energy Technology Data Exchange (ETDEWEB)

    Schneider, Matthias Werner (ed.)

    2015-07-01

    The volume 1 of the collection on the Thuringian Environmental Law contains additional to a detailed introduction: - Waste management - Nuclear, radiation and energy law - Soil protection law and land reparcelling - Forestry, fishery and hunting law. [German] Der Band 1 der Sammlung zum Thueringer Umweltrecht enthaelt neben einer ausfuehrlichen Einleitung: - Abfallrecht - Atom-, Strahlenschutzrecht und Energierecht - Bodenschutzrecht und Flurbereinigung - Forstrecht, Fischerei- und Jagdrecht.

  16. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  17. Legal liability under an IDM program.

    Science.gov (United States)

    Wolfe, D L; Stanton, T J

    2000-12-01

    Integrated disability management (IDM) programs offer employers a simple, strategic approach to managing health and lost time. However, components of these programs also present potential liabilities under federal, and sometimes, state law. This article reviews the sources of these liabilities and summarizes techniques for minimizing the risk of employers (and managers individually).

  18. Understanding and Limiting School Board Member Liability.

    Science.gov (United States)

    Hodges, Terry; Jones, Stephanie; Purvis, Mary L.; Rubin, David B.; Thrasher, Doralee; Underwood, Julie; Watkins, W. David

    This book is a primer on board-member liability issues and is intended for both board members and school attorneys. The first chapter, "The Legal System," examines federal sources of legal authority, state and local sources of legal authority, and federal and state judicial structures. Liability under state tort law is the subject of chapter 2,…

  19. 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

  20. Government Decree No 24/84 approving accession to the Convention of 31 January 1963 Supplementary to the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1984-01-01

    Portugal is a Contracting Party of the Paris Convention which establishes a special system of liability for the operator of nuclear installations in Contracting States: absolute liability and its limitation in amount and in time. The Brussels Supplementary Convention, to which Portugal will accede in accordance with this Decree of 24 April 1984, introduces an additional compensation in two further tiers, the first out of public funds from the country where the nuclear incident originates and the second, highest amount, out of public funds from all Contracting States in cases where damage exceeds the sum to be paid by the Contracting Party concerned. (NEA) [fr

  1. 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)

  2. Nuclear law and new legal concepts; Droit nucleaire et concepts juridiques nouveaux

    Energy Technology Data Exchange (ETDEWEB)

    Atias, Ch.; Warusfel, B. [Paris-5 Univ., 75 (France); Byk, Ch. [Association Internationale droit, ethique et science, 75 - Paris (France)

    2003-02-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  3. CIVIL LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Andreea Marica

    2008-09-01

    Full Text Available La protection de l’environnement représente une priorité à l’échelle mondiale, dans le contexte de l’apparition de certains problèmes universels, comme: la réduction de la couche d’ozone, l’amplification de l’effet de serre, désertification, destruction des forêts, la réduction de la biodiversité, problèmes concernant toutes les nations et tous les Etats du monde. Les Etats et les organisations internationales ont adopté traités, conventions, déclarations, plans et programmes d’action contenant des principes de base de la protection de l’environnement, dans des conditions de développement durable. Une série de décisions et résolutions d’une importance capitale, comme la Déclaration de Stockholm (1972, la Convention de Rio de Janeiro (1990, la Carte Mondiale (1982 votée par l’ONU en 1982, la Convention d’Aarchus (1998 concernant le droit d’être informé, de participer à la prise des décisions et d’accès à la justice en cas de préjudice relatives à l’environnement, se constituent en un nouveau domaine, dynamique de législation. La Roumanie a signé et ratifié ces conventions, de sorte que celles-ci font partie du droit interne.En général, la notion de responsabilité, présente dans tous les domaines du droit, s’est formée et a évolué avec la société moderne, qui impose une certaine conduite à chaque sujet, qui est obligé de ne violer les intérêts généraux et les droits légitimes d’une personne et ne pas lui provoquer un quelconque préjudice. Dans le contexte de l’existence de la vie sur terre et dans le contexte des provocations permanente en vue d’assurer la survie de l’humanité, la politique de ce domaine a en vue la protection, la conservation et le développement de l’environnement. Pour atteindre cet objectif, la protection juridique de l’environnement ne saurait être séparée de l’existence de la responsabilité juridique, de la personne qui a causé un dommage ou un préjudice. Le droit à un environnement écologique, sain et équilibré, est reconnu et garanti par la législation nationale, ainsi que par celle internationale.L’article 35 de la Constitution de la Roumanie, tel qu’il a été modifié par la Loi no. 429/2003, affirme, entre autres droits fondamentaux, le droit à un environnement sain, qui est une partie d’une troisième génération de droits, appelés droits de solidarité, qui peuvent être respectés non seulement par des efforts internes de l’Etat, mais aussi par la coopération entre l’Etat et les citoyens. Par la conclusion d’un accord d’association entre la Roumanie et l’Union Européenne, entré en vigueur en 1995, la Roumanie a assumé l’acquis communautaire de l’environnement, avec ses trois droits fondamentaux (le droit d’être informé au sujet de l’environnement, le droit de participer au processus de prise de décision concernant l’environnement et le droit de solliciter la réparation des dommages écologiques, ou l’annulation d’actes administratifs illégaux a joué un rôle important dans ce processus.Mots-clé: biodiversité, la protection de l’environnement, pollution, la réparation des dommages écologiques, responsabilité civile

  4. The development of nuclear law-making or the art of legal 'evasion'

    International Nuclear Information System (INIS)

    Boustany, K.

    1998-01-01

    The intention of this paper is to elucidate nuclear law by analysing the scope of the instruments underlying it through the prism of normative pluralism and the function of law as well as from the perspective of the relationship between international and domestic law. Its purpose is to examine the steps taken by governments and competent governmental agencies to fulfill their obligations as regards both their own citizens and their inter-State relations. (K.A.)

  5. The Public Opinion participation in the Nuclear Facilities Licensing Regime: A study for The Egyptian Nuclear Law and other countries laws

    International Nuclear Information System (INIS)

    Ali, A. M.; Abd El-Moniem, A. E.

    2012-12-01

    This paper deals with the Nuclear Facilities Licensing Regime and the public Opinion participation. It discusses the general conceptual framework such as the importance of public opinion in the licensing process for nuclear facilities. It deals with the transparency principle and the nuclear safety. It also an analysis the Egyptian nuclear law for regulating the nuclear and radiological activities(law No.7) and its provisions that regulate the participation of the public in the licensing process (Article No.12 paragraph No.7 and 16 ) that staled that the regulatory body will set the regulation to involve the public in the licensing and it will also issues publicly a garrulity report about the nuclear safety situation in the state. It also deals with the legal rules for licensing and the participation of public in it many states such as Japan, France and Germany. The paper concluded that the lunch of a nuclear programme should lunch, in parallel, a programme for the public communications because in the absent of such a public programme, the political decisions of nuclear programme might be lose its effectiveness and the programme might be slow dow. (Author)

  6. Brazilian nuclear legislation. Revision n.1/2002

    International Nuclear Information System (INIS)

    Matos, Gilberto Cardoso de

    2002-01-01

    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

  7. Problems and legislative remedies of the parallel law systems in Japan for nuclear power reactors

    International Nuclear Information System (INIS)

    Irie, Kazutomo

    2011-01-01

    There are two established laws governing nuclear power reactors in Japan. One is the Electricity Utilities Industry Law, which regulates the nuclear power reactors, and the other is the so-called 'Reactor Regulation Law', which dually regulates the reactors in some phases. When a graded approach on the regulation of nuclear reactors was adopted, it extended over these two laws and was legislatively imperfect. Such imperfection created problems from the beginning. Also, the original regulatory structures presented by these laws had become obscure during the operation process of the graded regulation. The situation becomes further complicated by the revision of these laws in recent years. It appears that the trait of the regulatory procedural structure of the Electricity Utilities Industry Law has been weakened. As there is a pressing need to review the entire regulatory structure and to propose a unified regulatory system by combining these laws, this paper examines the merits and demerits of combining these laws under a unified regulation. (author)

  8. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

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

    International Nuclear Information System (INIS)

    1977-01-01

    The states to be specified by the cabinet order stipulated in Item 2, Article 3 to the Law on Indemmity Agreement for Compensation of Nuclear Damage (hereinafter referred to as the Law) are the states meeting the following requirements. There are no violation of the stipulations according to the specified articles of the Law for the Regulation of Nuclear Source Materials, Nuclear Fuel Materials and Reactors, no damage of the facilities provided for the operation of reactors and others, and no natural calamity or no action of third parties which become the causes for the occurrence of nuclear damage. The nuclear damage to be specified according to the cabinet order stipulated in No. 5, Article 3 of the Law is the one caused by tidal waves. The indemnification rate stipulated in Article 6 of the Law to be decided by the cabinet order is 5/10000 (and 2.5/10000 regarding the indemnification contract with universities or colleges). Atomic energy entrepreneurs should notify the specified items to the Government with reference to the indemnification contracts concerning the operation of reactors, fabrication, reprocessing, use and transportation of nuclear fuel materials or matters contaminated by nuclear fuel materials

  10. Decree of the State Office of Nuclear Safety No. 324/1999 of 6 December 1999 laying down limits of nuclear material concentrations and amounts that are exempt from nuclear liability provisions

    International Nuclear Information System (INIS)

    1999-01-01

    The limits are laid down for concentrations and amounts of nuclear material which, during the transport or use beyond a nuclear facility, is exempt from nuclear liability owing to the low extent of risk associated with it. The Annex lays down the following specifications: (1) Concentration limits for all radionuclides in terms of activity limits. (1a) The total activity of nuclear material containing one or more radionuclides in the same group shall not exceed the following limits (group, radionuclide in group with A 2 value, activity limit): 1, ≤ 370 MBq, 74 GBq; 2, > 370 MBq and ≤ 37 GBq, 740 GBq; 3, > 37 Bq and ≤ 3.7 TBq, 7.4 TBq; 4, >3.7 TBq and ≤ 37 TBq, 185 TBq; and 5, > 37 TBq, 1.85 PBq. (1b) Unidentified radionuclides are regarded as group 1. (1c) The total activity of radionuclides which are not special form radionuclide emitters shall not exceed 18.5 TBq. (1d) If the nuclear material involves special form radionuclide emitters and radionuclides other than special form radionuclide emitters or such radionuclides in different groups, irrespective of whether contained in separate packages or in a common package, the sum of quotients obtained by dividing the activity of each of the radionuclides by the corresponding limit shall not exceed 1. If the individual activities are unknown, the lowest of the above limits shall be applied to any of the radionuclides. (2) Limits for special fission materials and Pu 241. (2a) For nuclear material containing a single radionuclide (radionuclide, limit in grams): Pu 239, 375; Pu 241, 375; U 233, 375; U 235, 600. (2b) For nuclear material containing more than one radionuclide, the weight limit is determined by the sum of quotients obtained by dividing the weight of each of the radionuclides by the corresponding limit as given above. The sum of quotients shall not exceed 1. (P.A.)

  11. Safeguards Status in Lebanon as SQP Country and Reinforcement within a Nuclear Law

    International Nuclear Information System (INIS)

    Roumie, M.; Nsouli, B.

    2015-01-01

    As SQP State, the Lebanese Atomic Energy Commission LAEC, as regulatory authority, was assigned by the Lebanese government to deal with all issues related to safeguards within the small quantities protocol. Consequently, the State System of Accounting for and Control of Nuclear Material (SSAC) was established within the LAEC and linked to the Nuclear Security Department. In this regard, an initial report was submitted to the IAEA, followed by a first inventory on nuclear materials existing in Lebanon. In the initial report, it was declared that there are no nuclear facilities in Lebanon (power plant, reactor, nuclear fuel fabrication, nuclear fuel processing) and no mining activities related to nuclear materials, therefore, there is no nuclear material used for the above mentioned purposes. However, in the first inventory it was reported on the existing of nuclear materials, commonly for non-nuclear use, and they are mainly located in hospitals, industries, universities and research institutes. In this inventory report, we have included information about these materials such as type, quantity, form, location and exact use, in compliance with the inventory form attached to the SQP guidance document. During the inventory preparation, it was noticed some synergy between nuclear safety, nuclear security and safeguards. However, this inventory should be upgraded soon. A nuclear law is prepared by LAEC with the technical assistance of IAEA. The first draft is already available and waiting to be promulgated to the Lebanese parliament. In this law, the IAEA-SSS concept (safety, security and safeguards) is covered in a comprehensive way. (author)

  12. Special feature article. Nuclear new age. Towards reform of laws and regulations

    International Nuclear Information System (INIS)

    Madarame, Haruki; Morokuzu, Muneo; Shiroyama, Hideaki; Nishiwaki, Yoshihiro; Marumo, Syunji; Suzuki, Takahiro; Hariyama, Hideo

    2007-01-01

    Since about half a century passes after the peaceful use of nuclear energy began in Japan, the safety laws and regulations of the nuclear energy becomes difficult to cope enough with the current situation without regulation structure changing. In March 2007, Tokyo University set up nuclear energy legislation study meeting' consisting of members from regulatory bodies, electric utilities, nuclear industries and others. The special feature introduces five opinions obtained through the argument in the meeting. As an example, Law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors is applied to basic design about the commercial reactors, but Electric Utilities Industry Law is applied to a detailed design, and different licensing standard is applied in each. Taking the adjustment of licensing standard with unifying these is necessary for efficiency. In addition, current law for the Regulations of Nuclear Sources Material, Nuclear Fuel Material and Reactors regulates according to the businesses such as reactor facilities, fuel fabrication plants and radioactive waste disposal. As for plural businesses, a low procedure and safety measures are demanded every each business. It is also necessary to include structure of the comprehensive licensing that assumed an enterprise running plural businesses. (T. Tanaka)

  13. Public participation in nuclear licensing procedures from the viewpoint of constitutional law

    International Nuclear Information System (INIS)

    Mutschler, Ulrich

    1981-10-01

    This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

  14. The pondering on the law of development of nuclear agriculture sciences in China

    International Nuclear Information System (INIS)

    Wang Zhidong

    2003-01-01

    The present and history of Nuclear Agricultural Sciences in China were studied in order to explore its law of development. The conclusion is that the human resource was one of the key factors and the system of market economy or plan economy was not an important factor for restricting the development of nuclear agricultural sciences in China

  15. Improvement and rationalization of nuclear energy laws and regulations

    International Nuclear Information System (INIS)

    Cho, Byung Sun; Lee, Mo Sung; Chung, Gum Chum; Kim, Hak Man; Oh, Ho Chul

    2002-03-01

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea

  16. Improvement and rationalization of nuclear energy laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Cho, Byung Sun; Lee, Mo Sung; Chung, Gum Chum; Kim, Hak Man; Oh, Ho Chul [Chongju Univ., Cheongju (Korea, Republic of)

    2002-03-15

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea.

  17. Improvement and rationalization of nuclear energy laws and regulations

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Mo Sung; Chung, Gum Chun; Kim, Hak Man; Oh, Ho Chul [Cheongju Univ., Cheongju (Korea, Republic of)

    2001-03-15

    Since the present legal system on nuclear safety regulation has some problems that refer to contents of regulatory provisions, this mid-report has preformed research on the legal basic theory of nuclear safety regulation. And then secondly this report analyzed the problems of each provisions and suggested the revision drafts on the basis of analyzing problems and the undergoing theory of nuclear safety regulation. In order to interpret easily this report finally took the cases of judicial precedents on nuclear safety regulation in USA, Germany, Japan and Korea.

  18. 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.

  19. The nuclear law and the protection to the environment

    International Nuclear Information System (INIS)

    Alonso Gozalez, I.; Duran Delgado, M.

    1998-01-01

    The development the technical nuclear and its applications in the medicine, agriculture, the industry and other branches to the economy, they are demand the existence to the appropriate juridical mark that foresees that the use the nuclear energy carried out under security conditions. In Cuba to the working in the approval the news juridical standards to moderate these standards to national and international practices

  20. Protocol to amend the convention on third party liability in the field of nuclear energy of 29th July 1960, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    International Nuclear Information System (INIS)

    1983-01-01

    This Protocol further amends the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland and Turkey within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  1. Nuclear Inter Jura '77 Proceedings

    International Nuclear Information System (INIS)

    1977-01-01

    These Proceedings of the Third Congress of the International Nuclear Law Association reproduce the papers presented in their original language with an abstract in English as well as the ensuing discussions. A majority of the papers have been translated into English for the Proceedings. The subjects dealt with respectively concerned contractual aspects of nuclear activities, the impact of nuclear power on the environment and public acceptance, radiological protection, third party liability and insurance, harmonisation of licensing regulations, export of nuclear equipment in relation to the Non-Proliferation Treaty and finally, computerization of nuclear law. (NEA) [fr

  2. Scaling laws in high energy electron-nuclear processes

    Science.gov (United States)

    Chemtob, Marc

    We survey the parton model description of high momentum transfer electron scattering processes with nuclei. We discuss both nucleon and quark parton models and confront the patterns of scaling laws violations, induced by binding effects, in the former, and perturbative QCD effects, in the latter.

  3. Nuclear Forensics: Scientific Analysis Supporting Law Enforcement and Nuclear Security Investigations.

    Science.gov (United States)

    Keegan, Elizabeth; Kristo, Michael J; Toole, Kaitlyn; Kips, Ruth; Young, Emma

    2016-02-02

    Nuclear forensic science, or "nuclear forensic", aims to answer questions about nuclear material found outside of regulatory control. In this Feature, we provide a general overview of nuclear forensics, selecting examples of key "nuclear forensic signatures" which have allowed investigators to determine the identity of unknown nuclear material in real investigations.

  4. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  5. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  6. Law on protection against ionising radiation and nuclear safety in Slovenia

    International Nuclear Information System (INIS)

    Breznik, B.; Krizman, M.; Skrk, D.; Tavzes, R.

    2003-01-01

    The existing legislation related to nuclear and radiation safety in Slovenia was introduced in 80's. The necessity for the new law is based on the new radiation safety standards (ICRP 60) and the intention of Slovenia to harmonize the legislation with the European Union. The harmonization means adoption of the basic safety standards and other relevant directives and regulations of Euratom. The nuclear safety section of this law is based on the legally binding international conventions ratified by Slovenia. The general approach is similar to that of some members of Nuclear Energy Agency (OECD). The guidelines of the law were set by the Ministry of the Environment and Spatial Planning, Nuclear Safety Administration, and Ministry of Health. The expert group of the Ministry of Environment and Spatial Planning and the Ministry of Health together with the representatives of the users of the ionising sources and representatives of the nuclear sector, prepared the draft of the subject law. The emphasis in this paper is given to main topics and solutions related to the control of the occupationally exposed workers, radiation safety, licensing, nuclear and waste safety, and radiation protection of people and patients. (authors)

  7. Nuclear safety and renewals of authorisations for operation of plants nuclear in the law of sustainable economy

    International Nuclear Information System (INIS)

    Bello Paredes, S. A.

    2011-01-01

    Depending on the nature of the activity to develop, the legislation establishes a different typology of administrative authorizations that must ensure the adaptation to law for all activity relating to nuclear facilities, from the planning stage of activity, to its closing and dismantling.

  8. Thermal-work strain in law enforcement personnel during chemical, biological, radiological, and nuclear (CBRN) training

    OpenAIRE

    Yokota, M; Karis, A J; Tharion, W J

    2014-01-01

    Background: Thermal safety standards for the use of chemical, biological, radiological, and nuclear (CBRN) ensembles have been established for various US occupations, but not for law enforcement personnel. Objectives: We examined thermal strain levels of 30 male US law enforcement personnel who participated in CBRN field training in Arizona, Florida, and Massachusetts. Methods: Physiological responses were examined using unobtrusive heart rate (HR) monitors and a simple thermoregulatory model...

  9. Developments in environmental and engineering law in 1990

    International Nuclear Information System (INIS)

    Brandner, T.

    1991-01-01

    The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

  10. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1985-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail. (Kubozone, M.)

  11. Order for execution of the law concerning regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1981-01-01

    This ordinance is stipulated under the law concerning the regulation of nuclear raw materials, nuclear fuel materials and reactors. The designation for refining and processing businesses under the law shall be obtained for each works or enterprise where these operations are to be practiced. Persons who intend to accept the designation shall file applications attaching business plans and the other documents specified by the ordinances of the Prime Minister's Office and other ministry orders. The permission for the installation of nuclear reactors under the law shall be received for each works or enterprise where reactors are to be set up. Persons who intend to get the permission shall file applications attaching the financing plans required for the installation of reactors and the other documents designated by the orders of the competent ministry. The permission concerning the reactors installed on foreign ships shall be obtained for each ship which is going to enter into the Japanese waters. Persons who ask for the permission shall file applications attaching the documents which explain the safety of reactor facilities and the other documents defined by the orders of the Ministry of Transportation. The designation for reprocessing business and the application for it are provided for, respectively. The usage of nuclear fuel materials, nuclear raw materials and internationally regulated goods is ruled in detail.(Okada, K.)

  12. Ministry of the Environment and Natural Resources-Decree-Law No.425/91 of 30 October

    International Nuclear Information System (INIS)

    1991-01-01

    This Decree-Law restructures the Nuclear Protection and Safety Bureau to take account of its new responsibilities. It has the following tasks: evaluates and monitors the radiological impact of nuclear and radioactive installations, the safe management of radioactive waste; safety of nuclear and radioactive installations; controls that measures in the field of third party liability and nuclear non-proliferation are complied with; and co-operates with national and international authorities to respond to nuclear and radiological emergencies. (NEA)

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

    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 Framework: 1. General; 2. Mining; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency measures); 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability; II. General Institutional Framework: 1. Regulatory and supervisory authorities (Minister of Health; Minister of Labour; Other Ministers competent); 2. Advisory bodies (Higher Health Council)

  14. The law for Japan Nuclear Ship Research and Development Agency

    International Nuclear Information System (INIS)

    1981-01-01

    The agency intends to develop and research nuclear ships according to the principles of the atomic energy act and contribute to advance the utilization of atomic energy and the development of ship building and marine transportation. It shall be a juridical person, and its main office shall be in Tokyo Metropolis. Its capital shall be the sum of 100 million yen paid in by the government and the amounts invested by persons other than the government at the time of establishment. The agency may increase, if necessary, its capital with the approval of the competent minister. It shall define the following matters by its articles: object, name, the place of the office, the matters concerning capital, investments and assets, executives, advisers and meeting, business and its execution, finance and accounting, public announcement and the change of the articles. Its executives consist of a chief director, a representative director, directors not more than 3 and an auditor. The chief director and the auditor are appointed by the competent minister after hearing opinions of the Atomic Energy Commission. The representative and other directors are determined by the chief director with approval of the competent minister. The term of office is four years for the chief director, the representative director and other directors, and two years for the auditor. The agency performs business, such as study and research necessary for the development of nuclear ships, design, building and operation of these ships and the training of crew for these nuclear ships, etc. It is under the superintendence of the competent minister. (Okada, K.)

  15. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  16. The law on indemnity agreement for compensation of nuclear damage

    International Nuclear Information System (INIS)

    1977-01-01

    The Government can conclude the contract with atomic energy entrepreneurs promising that it would indemnify the loss caused by the payment of indemnity by the latter for the nuclear damage which cannot be covered with responsibility insurance contract and other measures for indemnifying the damages upon the occurrence of responsibility of said entrepreneurs, who promises to pay the rate for indeminty. The loss to be indemnified by the Government with said contract should be limited to the loss caused by the payment of indemnity by said entrepreneurs for the damage caused by earthquakes or volcanic activities, normal operation of reactors (to be specified by the cabinet order) or the damage which can be covered with the responsibility insurance contract so long as the fact becoming its cause is concerned and the indemnification for which was not demanded by the sufferer in 10 years elapsed since the outbreak of such fact, and the damage caused by the entry of nuclear ships in foreign territorial waters, which cannot be covered with the measures for indemnifying the damage. The sum of the rate for indemnity is specified

  17. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  18. 5 CFR 842.405 - Air traffic controllers, firefighters, law enforcement officers, and nuclear materials couriers.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Air traffic controllers, firefighters, law enforcement officers, and nuclear materials couriers. 842.405 Section 842.405 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) FEDERAL EMPLOYEES RETIREMENT SYSTEM-BASIC ANNUITY Computations ...

  19. Radioactive waste management and the need for a nuclear law in France

    International Nuclear Information System (INIS)

    Colson, Jean Philippe; Schapira, Jean Paul

    1995-01-01

    France appears today as a country who has no general nuclear law, despite its strong involvement in nuclear energy production. Recently, the search for a deep underground disposal site for radioactive wastes has led to strong local oppositions, and therefore a law was passed in Parliament by the end of 1991. This paper reviews the general aspects of radioactive waste management and proposes a nuclear law as the best way to take into account the various questions raised by long term management implied by final waste disposal. The first part describes the technical issues on short and long term of radioactive waste management ant its socio-ethical aspects. In the second part, we attempt to demonstrate the need of a nuclear law which will include some basic principles both in the field of environment and more specifically of waste management. Special emphasis will be given to long-term constraints such as uncertainty and lack of reversibility of some technical schemes, with regard to sustainable development. (author)

  20. Review and prospects of Atomic Energy Law

    International Nuclear Information System (INIS)

    Hartkopf, G.

    1983-01-01

    At the 7th German Symposium on Atomic Energy Law which took place on March 16th, 1983 in Goettingen the Undersecretary of State of the Federal Ministery of the Interior, Dr. Guenter Hartkopf, delivered the opening speech. The speech deals with the conditions set by constitutional law and ethics, improvement of nuclear liability, guide line for incident response, participation of the public in licensing procedures under atomic energy law, necessary measures to prevent damage, the concept of waste management. Also in future the safety of the citizens has absolute priority. (orig./HSCH) [de

  1. Proposition of law relative to the admission and compensation of nuclear weapons tests victims

    International Nuclear Information System (INIS)

    2008-01-01

    The present proposition of law has for object to come up to the expectations of persons having participated to nuclear weapons test made by France between the 13. february 1960 and the 27 january 1996, in Sahara or French polynesia. The consequences on health can not be ignored even after several decades of years. Decades of veterans have for several years, have got involve in justice procedures to be entitled to obtain compensation in damage repair they assign to the nuclear tests. Some courts of justice have, for years, recognized the legitimacy of these claims and the judgements cite irradiation consequences able to be revealed late even several decades after the radiation exposure. Other states have adopted laws of compensation for the victims of their populations, civil or military ones. That is why this proposition of law comes today to be adopted. (N.C.)

  2. Coulomb and Nuclear Breakup at Low Energies: Scaling Laws

    Directory of Open Access Journals (Sweden)

    Hussein M. S.

    2013-12-01

    Full Text Available We report on a recent work on the low-energy behavior of the breakup cross section in so far as it has important role in the fusion of weakly bound and halo nuclei at near-barrier energies. We assess the way the nuclear component of this cross section scales with the target mass. In complete accord with previous finding at higher energies we verify that the low energy behavior of the breakup cross section for a given projectile and relative center of mass energy with respect to the Coulomb barrier height scales as the cubic root of the mass number of the target. Surprisingly we find that the Coulomb component of the breakup cross section at these low energies also obeys scaling, but with a linear dependence on the target charge. Our findings are important when planning for experiments involving these exotic nuclei.

  3. Coulomb and Nuclear Breakup at Low Energies: Scaling Laws

    Science.gov (United States)

    Hussein, M. S.; Gomes, P. R. S.; Lubian, J.; Canto, L. F.

    2013-12-01

    We report on a recent work on the low-energy behavior of the breakup cross section in so far as it has important role in the fusion of weakly bound and halo nuclei at near-barrier energies. We assess the way the nuclear component of this cross section scales with the target mass. In complete accord with previous finding at higher energies we verify that the low energy behavior of the breakup cross section for a given projectile and relative center of mass energy with respect to the Coulomb barrier height scales as the cubic root of the mass number of the target. Surprisingly we find that the Coulomb component of the breakup cross section at these low energies also obeys scaling, but with a linear dependence on the target charge. Our findings are important when planning for experiments involving these exotic nuclei.

  4. Scaling laws in high-energy electron-nuclear scattering

    Science.gov (United States)

    Chemtob, Marc

    1980-03-01

    The approximate scaling behavior suggested by recent measurements of electron scattering form factors and inelastic structure functions of few-body nuclei (mass 2, 3, 4) is discussed in a relativistic impulse approximation model. The model is a straightforward extension incorporating spin of a nucleon parton model introduced in recent works. We present results for electric and magnetic form factors as well as inelastic structure functions near threshold. The important corrections to scaling which are present in the preasymptotic regions are found to be well accounted for by the type of binding effects included in the phenomenologically constructed infinite-momentum frame nuclear wave functions. While predicted form factors are very sensitive to the parameters in the wave functions it does not appear possible to associate unambiguous dynamical meaning to these parameters. We find that spin effects bring significant and useful corrections.

  5. Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities - New Zealand

    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 and Equipment; 4. Nuclear installations; 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Nuclear security; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities - National Radiation Laboratory - NRL; 2. Advisory bodies - Radiation Protection Advisory Council; 3. Public and semi-public agencies - Research institutes

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

    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 and equipment; 4. Nuclear installations; 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Nuclear security; 9. Transport; 10. Nuclear Third Party Liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Minister of Health and Social Security; Icelandic Radiation Protection Institute)

  7. Simulated ICJ Judgment : Revisiting the Lawfulness of the Threat or Use of Nuclear Weapons

    Directory of Open Access Journals (Sweden)

    Winston P. Nagan

    2012-04-01

    Full Text Available The author prepared this simulated judgment at the request of Cadmus editors to demonstrate that there is ample ground for revisiting and revising the landmark 1996 advisory opinion of the ICJ on the legality of nuclear weapons. The ICJ failed to anticipate the proliferation of nuclear weapons, which expands the evolution of the concept of sovereignty, the potential cataclysmic impact of nuclear war on climate change, the multiplication of nuclear-weapon-free zones as evidence of a widespread rejection, mounting evidence regarding the physical and psychological harm, and unwillingness of the nuclear weapons states to fulfill their obligations under the NPT. This article challenges the notion that a few sovereign states should be the sole arbiters of international law and affirms the legitimate claim of the global community of protection from the existential threat posed by nuclear weapons. The use or threat of use undermines foundational values of the international legal system and the specific rules of self-defense and humanitarian law. The contribution seeks to give an accentuated role for the explicit use of the fundamental values of international legal order, in crafting an innovative methodology for the formulation of the judgment. The very existence of these weapons undermines the rights of all of humanity. The ICJ should be moved to categorically declare the use and possession of nuclear weapons a crime against humanity.

  8. Order for execution of the law concerning regulation of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1977-01-01

    The designations according to Item 1, Article 3 and Item 1, Article 13 of the Law must be obtained for each factory or business place where refining and fabrication of nuclear material are to be performed. One who wants to obtain such designation should file an application attached with a business plan and other documents via the director of a regional bureau of international trade and industry having jurisdiction over such factory or business place. When nuclear material refiners and nuclear material fabricators wish to obtain the approval for change stipulated in Item 1, Article 6 and Item 1, Article 16 of the Law, they must file applications to the Prime Minister and the Minister of International Trade and Industry via said directors. Chief handlers of nuclear fuel materials shall be approved among those meeting the strict requirements. One who wishes to install reactors must obtain the approval for each factory or business place where the reactors are to be installed. The permission must be obtained for each nuclear ship entering Japanese waters. The reactors proper and several facilities are subject to periodic inspection. (Rikitake, Y.)

  9. New Developments of the Law of the Sea in the Nuclear Field

    International Nuclear Information System (INIS)

    Lampe, W.H.

    1977-01-01

    Following the 6th Session (July 1977) of the Conference on the Law of the Sea an Informal Composite Negotiating Text was released which has a direct bearing on several aspects of the peaceful uses of nuclear energy. These are, in particular, navigation of nuclear-powered merchant ships and their right of passage in territorial waters, their safety and the sea disposal of radioactive waste. It seems from the present status of the work of the Conference that the amendments likely to be made to the Law of the Sea will not impede the development of nuclear-powered navigation and the discussions stress the importance of the role international organisations should continue to play in this field. (NEA) [fr

  10. EuGH: Innocuousness of the nuclear fuel tax according to the European community law

    International Nuclear Information System (INIS)

    Anon.

    2015-01-01

    The tax levied on nuclear fuel in Germany does not contravene European law. This was the conclusion of the European Court of Justice (ECJ) on 4 June. The ECJ has now, for the first time, made a clear decision on the admissibility of preliminary ruling proceedings referred to the ECJ and to the domestic constitutional court in parallel: Article 267 TFEU not only entitles the domestic court but even obliges it to submit issues that are decisive for the dispute to the European Court of Justice for interpretation or a decision on the applicability of European law. Such an obligation and the issue of incompatibility with European law did not depend on whether the same provision had been submitted to the domestic court for review or not. After all, even if a provision has been declared unconstitutional under domestic law it will still remain applicable for a certain period of time.

  11. Vienna convention on civil liability for nuclear damage and optional protocol concerning the compulsory settlement of disputes. Status lists as of 12 September 2000. Signature, ratification, accession, or succession. Declarations/reservations made upon expressing consent to be bound and objections thereto. Declarations/reservations made upon signature

    International Nuclear Information System (INIS)

    2000-01-01

    The document provides the status list to the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage and optional protocol concerning the compulsory settlement of disputes as of 12 September 2000

  12. Law, science and technology. The nuclear option, ethics and law; Droit, Science et Technologie. L`option nucleaire, l`ethique et le droit

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-10-01

    Technological innovations in the field of nuclear energy, as well as the diversity of applications using ionizing radiations contribute to the necessity of implementation of legislation and laws. This conference will give some ideas on political, ethical and legal aspects as far as nuclear energy development is concerned. Separate abstract were prepared for all the papers in this volume. (TEC).

  13. Proceedings of the CISDEN meeting on present problems in Community and international law in the nuclear field

    International Nuclear Information System (INIS)

    1981-06-01

    These proceedings of the meeting of the Italian Nuclear Law Study Centre reproduce in full the three papers presented, together with the ensuing discussions. The papers respectively deal with the recent Constitutional Court Decision opposing a referendum on nuclear power plant site selection; international contracts -private autonomy and State law- and the incidence of recent trends on nuclear contracts; problems in relation to the entry into force of the 1980 Euratom radiation protection directive and the revision of relevant Italian regulations. (NEA) [fr

  14. International pooling of operators' funds: an option to increase the amount of financial security to cover nuclear liability?

    International Nuclear Information System (INIS)

    Pelzer, N.

    2007-01-01

    This paper aims at answering the question whether international pooling of operators funds could open a viable avenue to complement financial security provided by insurance and thus to either fill gaps in insurance coverage or increase amount of compensation for nuclear damage. (author)

  15. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  16. Directors’ Liability under thr Doctrine of Piercing the Corporate Veil : The Directors' Liability for Corporate Debt

    Directory of Open Access Journals (Sweden)

    Laya Joneydi

    2015-05-01

    Full Text Available The doctrine of piercing the corporate veil fascilitated holding directors liable for corporate debt. Nevertheless, the doctrine is not a seperate cause of action. Directors are bound by fiduciary duty, duty of loyalty and duty of care and skill to the corporation and its shareholders. However, there is not such a contractual relationship between directors and creditors. Thus, requiring directors to compensate creditors should be justified on tort law. In the Iranian, French and American legal systems, fault-based liability is the cause of action for directors' liability. The author found that in piercing cases, directors' liability follows the traditional rules of fault-based liability unless specified otherwise by statute as strict liability.

  17. Determination of internationally controlled materials according to provisions of the law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1977-01-01

    According to the provisions of The Law, those stipulated as internationally controlled materials are nuclear source materials, nuclear fuel materials, moderating materials, reactors and facilities, transferred from such as the U.S.A., the U.K. and Canada on the agreements of peaceful uses of atomic energy, and nuclear fuel materials accruing therefrom. (Mori, K.)

  18. Reappraising arrangements for third party liability

    International Nuclear Information System (INIS)

    Lellouche, E.

    1984-01-01

    A recent symposium in Munich provided a forum for reviewing the existing regime for nuclear accident third party liability, which has now been operating for 20 years. Among the major themes considered was the maximum liability of the operator of a nuclear installation, as laid down in the Paris Convention. Questions such as the evolution of the concept of damages to be compensated in case of nuclear accident and the equitable distribution of the compensation amounts, were reviewed. The symposium also looked ahead to the problems arising from the application of the principles of the 3rd party liability regime to activities at the back end of the nuclear fuel cycle, in particular decommissioning and the long-term disposal of radioactive waste. (U.K.)

  19. Reappraising arrangements for third party liability

    Energy Technology Data Exchange (ETDEWEB)

    Lellouche, E. (Nuclear Energy Agency, 75 - Paris (France))

    1984-12-01

    A recent symposium in Munich provided a forum for reviewing the existing regime for nuclear accident third party liability, which has now been operating for 20 years. Among the major themes considered was the maximum liability of the operator of a nuclear installation, as laid down in the Paris Convention. Questions such as the evolution of the concept of damages to be compensated in case of nuclear accident and the equitable distribution of the compensation amounts, were reviewed. The symposium also looked ahead to the problems arising from the application of the principles of the 3rd party liability regime to activities at the back end of the nuclear fuel cycle, in particular decommissioning and the long-term disposal of radioactive waste.

  20. Nuclear energy policy and atomic energy law. Issues and developmental aspects

    International Nuclear Information System (INIS)

    Schmidt-Preuss, M.

    1998-01-01

    Nuclear energy policy and the atomic energy law recurrently have been a focal point of interest and an issue of political debate in Germany. However, this time the political debate is gaining a new dimension in the wake of the general elections held in September 1998 and the resulting change of government. The contribution compares aspects of the history of atomic energy research and nuclear technology with the current political situation and assesses the impacts of announced changes in government policy and legislation. (orig./CB) [de

  1. Project of law relative to the sanitary consequences of French nuclear weapons tests

    International Nuclear Information System (INIS)

    2009-05-01

    In order to make easy the indemnifications and to include the persons having participate to nuclear weapons tests (Sahara and French Polynesia) and populations leaving in the concerned areas, the project of law relative to the repair of sanitary consequences of nuclear weapons tests proposes to create a right to integral repair of prejudices for the persons suffering of a radioinduced disease coming from these tests. The American example and the British example are given for comparison. The modalities of financing are detailed as well as the social economic and administrative impacts. (N.C.)

  2. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y

    2012-01-01

    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

  3. Proceedings of the meeting on nuclear law held by the Centro Italiano di Studi di Diritto dell'Energia Nucleare in Rome, Italy, 24 November 1975

    International Nuclear Information System (INIS)

    1976-01-01

    In accordance with usual practice the Italian Centre for Study of Nuclear Law (CISDEN) organised a meeting on nuclear law in Rome. A series of papers were presented dealing in particular with the respective legal positions of operators and constructors of nuclear power plants in Italy, the requirements and standards, national and international, imposed on users of radioactive materials and equipments. In addition, a series of conclusions are drawn from the Inter Jura' 75 Congress organised by the International Nuclear Law Association, as well as from the 1974 London Conference on Nuclear Insurance and Indemnity which dealt in detail with nuclear insurance problems for nuclear equipment and materials and their transport, in Europe and the United States. Finally, it is made clear from the III Symposium on German Nuclear Law organised in Goettingen in 1974 that the Federal Republic of Germany is concentrating on further developing its nuclear legislation in step with nuclear developments, in particular regarding compensation for possible victims of a nuclear incident. (NEA)

  4. The law for the regulations of nuclear source materials, nuclear fuel materials and reactors

    International Nuclear Information System (INIS)

    1977-01-01

    Concerning refining, fabrication and reprocessing operations of such materials as well as the installation and operation of reactors, necessary regulations are carried out. Namely, in case of establishing the business of refining, fabricating and reprocessing nuclear materials as well as installing nuclear reactors, applications for the permission of the Prime Minister and the Minister of International Trade and Industry should be filed. Change of such operations should be permitted after filing applications. These permissions are retractable. As regards the reactors installed aboard foreign ships, it must be reported to enter Japanese waters and the permission by the Prime Minister must be obtained. In case of nuclear fuel fabricators, a chief technician of nuclear fuel materials (qualified) must be appointed per each fabricator. In case of installing nuclear reactors, the design and methods of construction should be permitted by the Prime Minister. The standard for such permission is specified, and a chief engineer for operating reactors (qualified) must be appointed. Successors inherit the positions of ones who have operated nuclear material refining, fabrication and reprocessing businesses or operated nuclear reactors. (Rikitake, Y.)

  5. Risk management and liability for environmental harm caused by ...

    African Journals Online (AJOL)

    This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

  6. Civil Liability of Schools, Teachers and Pupils for Careless Behaviour.

    Science.gov (United States)

    Wenham, David

    1999-01-01

    Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

  7. Corrective justice as a principle of civil liability

    OpenAIRE

    Ampovska, Marija

    2015-01-01

    This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.

  8. Colleges' New Liabilities: An Emerging New In Loco Parentis.

    Science.gov (United States)

    Gibbs, Annette; Szablewicz, James J.

    1988-01-01

    Describes and documents the changing legal theories about the college-student relationship currently used by the courts. Notes that the most recent legal actions focus on contract law, landowner liability, guest and host, and negligence. Looks specifically at cases involving liability for sexual attacks on students and for alcohol-related…

  9. Compliance Parameters through Risk Analysis Methodology for Strict Liability Mitigation According to the Law Anti- Corruption (12.846 / 2013 Regarding Public Business

    Directory of Open Access Journals (Sweden)

    Beatriz Miranda Batisti

    2016-11-01

    Full Text Available The Law 12,846 / 2013 has the scope to fight it and enable companies to become active agents in this intent. The repressive aspect of the legislation can be mitigated if the company adopts strategies of prevention through compliance programs. The preventive effectiveness of this law will depend on the analysis of legal aspects and business management topics. The risk analysis methodology and the adoption of objective parameters for the management of anti-corruption risks, allows companies to build an integrity program that puts in focus the ethical actions necessary for companies willing to negotiate with the government.

  10. 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)

  11. Need for consent of a law extending the operating life of nuclear power plants

    International Nuclear Information System (INIS)

    Degenhart, Christoph

    2010-01-01

    The article deals with the question whether a law extending nuclear power plant life beyond the residual periods of time laid down in the law of April 22, 2002 requires consent of the Federal Council. The Atomic Energy Act needed the consent of the Federal Council pursuant to Article 87c, Basic Law, as its Section 24 determines that central functions of licensing and supervision be exercised by the federal states on behalf of the Federal Government. This has not changed after the current version of the norm. Increasing the residual quotas of electricity by amending Annex 3 of Sec.7, Para.1a, Atomic Energy Act, per se does not require consent. This is a substantive provision. Sec.24, Atomic Energy Act, does not need to be amended. The Federal Council, which consented to the original legislation, thus does not bear continued responsibility for the law. Every law must be treated as a separate entity in terms of legislative method. The Federal Council, with its first consent to the piece of legislation, ''approves'' this systemic shift. Renewed consent is required only in case of another systemic shift. This is the case when the provision about administrative responsibility takes on a very different meaning and impact no longer supported by the earlier consent. According to decisions by the Federal Constitutional Court, this expressly applies also to administration by commission. What is required is a comparison of administrative duties before and after entry into force of the amending law; mere quantitative shifts of administrative burdens do not cause a systemic shift. Whether the inclusion of backfitting obligations would be associated with regulations in administrative procedures has not been decided. In its ruling of May 4, 2010, the Federal Constitutional Court confirms that these do not require consent within the framework of Art.85 Para.1, Basic Law. (orig.)

  12. Proposition of law aiming to the recognition and indemnification of persons victims of nuclear tests or nuclear accident

    International Nuclear Information System (INIS)

    2007-12-01

    The present proposition of law has for object to establish the presumption of a relationship between on the one hand the nuclear weapons tests and on the other hand the pathologies developed by the civil or military personnel having worked on the concerned sites as well as the populations present in the contaminated areas. the present proposition aims to establish equality between the victims and to create the legal framework that will allow the state to proceed to the just compensations of damages imposed by actions then considered as national interest. (N.C.)

  13. Chernobyl and the international liability regime

    International Nuclear Information System (INIS)

    Brunner, G.; Schmidt, C.

    1986-01-01

    The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

  14. Federal securities law and the need to disclose the risk of canceling nuclear plant

    International Nuclear Information System (INIS)

    Sponseller, D.

    1984-01-01

    Almost every electric utility company involved in nuclear plant construction has experienced difficulty as a result of the deteriorating condition of the nuclear industry as a whole. The thrust of a growing number of lawsuits brought against electric companies for alleged violations of federal securities laws is that the companies failed to reveal cost overruns, delays, and the risk of cancellation and write-off of nuclear plants in their annual reports and registration statements. A review of several suits and the disclosure requirements of securities statutes concludes that, although investors have known about utility problems, they have just become aware this year that the entire financial viability of the electric companies is threatened

  15. The end of nuclear power? The conflict of politics, ecology and law

    International Nuclear Information System (INIS)

    Strassburg, W.

    1999-01-01

    The German federal government's demand to opt out of the peaceful use of nuclear power is examined under aspects of constitutional law. Constitutional barriers allow the peaceful use of nuclear power to be discontinued without any compensation only in the distant future. A general restriction of the useful life of plants does not constitute a modification of ownership rights but deprivation, i.e., expropriation. In this politically desired opt-out, the government also must bear in mind that the constitution protects not only the property but also the freedom to exercise their profession (Article 12, para. 1, German Basic Law) of all those who have been committed to this industry for decades. Also a national ban on reprocessing with transborder effects violates existing law, counteracting the requirement of a free exchange of goods and services within the single European market. Moreover, the existing reprocessing contracts with foreign companies may be terminated unilaterally only subject to indemnification, as they constitute obligations under international law, unless German customers were to exercise their contractual right to cancel. In addition, it is to be feared that discontinuation of the peaceful uses of nuclear power manifests itself in the absence of provisions for the back end of the fuel cycle. Prolonging the exploration of repositories and, consequently, relying more and more heavily on interim stores, is bound to raise the question of the evidence of spent fuel and waste management in these latter facilities. In the absence of sufficient proof of waste management provisions in interim stores, the accusation could be leveled that it was not certain whether these interim stores were not turning into final stores. (orig.) [de

  16. The Law of the Sea a its Effective in International Context: An Analysis of Liability for Damages Caused in the Marine Environment

    Directory of Open Access Journals (Sweden)

    Sébastien Kiwonghi Bizawu

    2016-10-01

    Full Text Available The Law of the Sea seeks to settle conflicts between sovereign states and encourage a legal order for the seas and oceans, making international communications and the protection and conservation of the marine environment, making effective the state´s responsibility in case of damage to the marine environment. The objective is to analyze the UNCLOS and the creation of the Law of the Sea Tribunal as peaceful resolution tool labors internationally. Use shall  be  descriptive  research  with  deductive  method,  with  a  view  to  environmental international responsibility of the State and the need to strengthen the friendly relations between nations

  17. THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY

    Directory of Open Access Journals (Sweden)

    Adrian HĂRĂTĂU

    2017-05-01

    Full Text Available In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4 of the Criminal Code, as follows:“An offence is perpetrated in negligence when the offender:a foresees the outcome of his actions but does not accept it, deeming that it is unlikely for it to occur; b does not foresee the outcome of his actions, although he should and could have.”This form of guilt applies in the case of all incriminations stipulated in the criminal law perpetrated in a negligent manner, while keeping in mind that, in accordance with Article 16 paragraph (6 of the Criminal Code “an offence committed in negligence amounts to a criminal offence when expressly provided by law”.

  18. Civil liability, criminal law, and other policies and alcohol-related motor vehicle fatalities in the United States: 1984-1995.

    Science.gov (United States)

    Whetten-Goldstein, K; Sloan, F A; Stout, E; Liang, L

    2000-11-01

    This study examines the associations between alcohol policies and motor vehicle fatality rates from 1984 to 1995 in the United States. State policies and state characteristics variables were merged with motor vehicle fatality rates over an 11 year period and analyzed using minimum logit chi-square method and fixed effects to create a quasi time-series analysis. Laws allowing individuals to sue bars for the drunken behavior of their patrons were the policies most strongly associated with lower minor and adult fatality rates. The mandatory first offense fine was associated with lower minor fatality rates but not adult fatality rates, while minor and adult rates fell after administrative per se license suspension and anti-consumption laws for all vehicle occupants. Many other public policies evaluated were not associated with lower fatality rates.

  19. Stopping and Questioning Suspected Shoplifters Without Creating Civil Liability

    Science.gov (United States)

    Reed, Jack R., Jr.

    1977-01-01

    Legal problems concerned with shoplifting suspects are addressed, including common law, criminal penalties, and the merchant's liability. Tangential questions and answers are presented along with discussion of pertinent court cases. (LBH)

  20. The Contractual Liability of Student Organizations with Outside Groups.

    Science.gov (United States)

    Likins, Jeanne M.

    1978-01-01

    Included is a consideration of contract and agency law, how these apply to student organizations, potential liability consequences, guidelines to avoid such consequences, and a summary of the current situation. (Author)