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Sample records for nuclear liability regime

  1. Current US nuclear liability regime

    Brown, O.F.

    2000-01-01

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

  2. Reassessing the nuclear liability regime

    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

  3. Progress towards a global nuclear liability regime

    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)

  4. Effectiveness of Existing International Nuclear Liability Regime

    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

  5. Effectiveness of Existing International Nuclear Liability Regime

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

    2015-10-15

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

  6. Harmonisation of Nuclear Liability Regimes in Europe

    Sladonja, B.

    2000-01-01

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

  7. Strengthening Canada's nuclear liability regime

    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))

  8. The French regime of civil liability for nuclear

    Leger, Marc

    2013-01-01

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

  9. A critical review of the Chilean civil nuclear liability regime

    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

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

    Kolehmainen, H.

    2000-01-01

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (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 norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

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

    Brown, O. F.

    2011-01-01

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

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

    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.)

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

    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)

  14. An overview of the international regime governing liability for nuclear damage

    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

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

    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.)

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

    Reyners, P.; Tetley, M.

    2003-01-01

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

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

    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.

  18. Nuclear Liability Laws

    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

  19. Cargo liability regimes

    2001-01-01

    There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

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

    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

  1. Romanian Nuclear Liability Legislation

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the 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 is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

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

    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.

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

    Pelzer, Norbert

    2015-06-15

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

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

    Waldner, Michael

    2012-01-01

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

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

    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

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

    Gruendel, Robert J.; Kini, Els Reynaers

    2012-01-01

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

  7. Transport Nuclear Liability Insurance

    Folens, M.

    2006-01-01

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

  8. Limiting the liability of the nuclear operator

    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. Civil liability concerning nuclear accidents

    Anon.

    2013-01-01

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

  10. Managing nuclear liabilities

    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)

  11. Managing UK nuclear liabilities

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

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

  12. Nuclear damage - civil liability

    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

  13. Fusion energy and nuclear liability considerations

    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)

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

    Pelzer, N.

    1993-01-01

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

  15. Focus on the future of nuclear liability law

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  16. Liability in nuclear establishments

    Bockli, H.R.

    1980-01-01

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

  17. Looking at nuclear liability and insurance in Russia

    Schwartz, J.

    1997-01-01

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

  18. The nuclear liability conventions revised

    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)

  19. Nuclear Liability Legislation in Slovenia

    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)

  20. [The "specific" liability regime for blood products].

    Byk, Christian

    2017-10-13

    Based on the system of liability for defective products as organized by the European Directive of 25 July 1985, responsibility for blood products does not therefore constitute a genuine specific regime. However, European law leaves States a margin of discretion in the implementation of the Directive with regard to health products. This is the case in particular with the exemption for development risk.

  1. Improvement of nuclear third party liability system

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

    2001-01-01

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

  2. Nuclear liability legislation in Slovenia

    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)

  3. Liability for nuclear damage. An international perspective

    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)

  4. Nuclear Reactors and Their Legal Liability Insurance

    Ekener, H.

    1999-09-01

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

  5. Civil liability on nuclear activities

    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

  6. Nuclear liability amounts on the rise for nuclear installations

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

    2015-01-01

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

  7. A review on liability in case of nuclear accident

    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. Transfrontier nuclear civil liability without international conventions

    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)

  9. Aspects of nuclear penal liability

    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

  10. Nuclear third party liability in Germany

    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

  11. Third party liability for nuclear damage

    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)

  12. Civil liability for nuclear damage

    1963-01-01

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

  13. The 1968 Brussels convention and liability for nuclear damage

    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)

  14. Liability for the nuclear risk

    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

  15. Nuclear liability, nuclear safety, and economic efficiency

    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

  16. Nuclear Liability, State of the Art

    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. Chernobyl and the international liability regime

    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

  18. Nuclear liability act and nuclear insurance

    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.)

  19. Nuclear liabilities - nuclear insurance. Pt. 1

    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

  20. Financial security for nuclear liability

    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

  1. Practical problems of third party liability connected with nuclear installations

    Lacroix, F.

    1975-01-01

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

  2. Nuclear third party liability under Polish law

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  3. Liability for nuclear damage and compensation therefor

    Prochazkova, D.

    1996-01-01

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

  4. Report by the Nuclear Liability Commission

    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

  5. Sustainable development and nuclear liability

    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)

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

    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)

  7. Chernobyl: Lessons in nuclear liability

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

    1990-01-01

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

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

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

    2001-01-01

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

  9. Nuclear civil liability international system. Evolution prospects

    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

  10. Should nuclear liability limits be removed. Yes

    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

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

    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

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

    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

  13. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    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)

  14. Future financial liabilities of nuclear activities

    1996-01-01

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

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

    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

  16. New Trends in European Nuclear Liability Law

    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

  17. Development of international law concerning nuclear liability

    Ifflaender, G.; Kantner, G.

    1979-01-01

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

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

    Pelzer, Norbert

    2011-01-01

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

  19. BNFL nuclear decommissioning liabilities management program

    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

  20. Trends in nuclear third party liability law

    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)

  1. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    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)

  2. Transport and repair of contaminated nuclear components - liabilities and insurance

    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

  3. Insurance Cover for Revised Nuclear Liability

    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

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

    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

  5. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Bittar, C A

    1983-12-31

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

  6. Proposed Amendments to the Nuclear Liability

    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

  7. Review of the nuclear liability act

    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

  8. Management of nuclear liabilities in Germany

    Roser, T.

    1995-01-01

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

  9. Ordinance on nuclear third party liability (ORCN)

    1983-12-01

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

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

    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

  11. Liability and damages in Japanese nuclear law

    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

  12. Developments in international convention on nuclear third party liability

    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)

  13. Nuclear liability legislation in Ukraine

    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)

  14. New Swiss legislation on nuclear third party liability

    Fischer, U.

    1981-10-01

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

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

    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

  16. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  17. Liability for international nuclear transport: an overview

    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

  18. Liability for on-site nuclear property damage

    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

  19. The law concerning liability for nuclear damage

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  20. Should nuclear liability limits be removed. No

    Pape, E.C.

    1985-01-01

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

  1. Third Party Liability governing Dangerous and Nuclear Activities

    Di Martino, Vittorio.

    1979-01-01

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

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

    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)

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

    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

  4. 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

    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

  5. Unlimited - nuclear liabilities in the Federal Republic of Germany

    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

  6. Revision of the Paris and Brussels Conventions of Nuclear Liability

    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)

  7. General Principles Governing Liability

    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)

  8. Nuclear risk and optimal civil liability of the operator

    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

  9. Spent nuclear fuel disposal liability insurance

    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

  10. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    2010-04-02

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

  11. Nuclear Liability Legislation in the Republic of Croatia

    Sladonja, B.

    1998-01-01

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

  12. Inventory of nuclear liabilities - The Belgian perspective

    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

  13. Civil liability and nuclear coverage: synthesis report

    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

  14. Third party liability cover for nuclear damage and related problems

    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

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

    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)

  16. Particular aspects and limits of absolute nuclear liability

    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

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

    Lopuski, J

    1994-12-31

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

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

    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).

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

    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

  20. Nuclear operator. Liability amounts and financial security limits

    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

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

    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

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

    1985-01-01

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

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

    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

  4. Nuclear liability in the course of transport - some insurance aspects

    Andersson, G.

    1993-01-01

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

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

    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

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

    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)

  7. International nuclear third party liability law: The response to Chernobyl

    Schwartz, J.A.

    2006-01-01

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

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

    May, D.

    1995-01-01

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

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

    Brown, O. F.

    2008-01-01

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

  10. 1988 changes to United States law regarding nuclear third party liability

    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

  11. Nuclear liability legislation in the Republic of Croatia

    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)

  12. Nuclear liability insurance: a resume of recent years

    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)

  13. Standard rules for liability and cover for nuclear installations

    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

  14. Reciprocity within the framework of nuclear civil liability law

    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

  15. Nature and finality of liability insurance support to nuclear operators

    Deprimoz, J.

    1975-01-01

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

  16. The Brussels I Regulation and Liability for Nuclear Damage

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

    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

  18. Liability of suppliers to nuclear power plants in Western Europe

    Kuhn, W.

    1988-01-01

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

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

    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)

  20. Vienna convention on civil liability for nuclear damage

    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

  1. Vienna convention on civil liability for nuclear damage

    NONE

    1996-03-20

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

  2. Civil liability for nuclear damage law

    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

  3. Liability Issues

    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)

  4. Introduction to the French legislation dealing with nuclear financial liabilities

    Maocec, Ch.; Olivier, M.

    2008-01-01

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

  5. Nuclear liability legislation in Russia - current status and expected developments

    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)

  6. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

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

    1993-12-31

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

  7. The allocation of liability for nuclear risks - the UK standpoint

    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

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

    2006-01-01

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

  9. Civil liability for nuclear and radiological damage

    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

  10. 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

    2006-01-01

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

  11. Insurer risk control and nuclear liability

    DeMerchant, C. [Nuclear Insurance Association of Canada, Toronto, ON (Canada)

    2015-07-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  12. Insurer risk control and nuclear liability

    DeMerchant, C.

    2015-01-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  13. Insurance of liability for the transport of nuclear materials

    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

  14. 1986 Agreement on third party liability in the nuclear field

    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

  15. Paris and Vienna nuclear liability conventions: challenges for insurers

    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)

  16. Liability and insurance aspects of international transport of nuclear materials

    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

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

    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)

  18. Nuclear insurance and third-party liability. An overview

    Rashid, Nahrul Khair

    1986-04-01

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

  19. International nuclear liability conventions: status and possible changes

    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

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

    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.)

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

    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)

  2. An international nuclear safety regime

    Rosen, M.

    1995-01-01

    For all the parties involved with safe use of nuclear energy, the opening for signature of the 'Convention on Nuclear Safety' (signed by 60 countries) and the ongoing work to prepare a 'Convention on Radioactive Waste Safety' are particularly important milestones. 'Convention on Nuclear Safety' is the first legal instrument that directly addresses the safety of nuclear power plants worldwide. The two conventions are only one facet of international cooperation to enhance safety. A review of some cooperative efforts of the past decades, and some key provisions of the new safety conventions, presented in this paper, show how international cooperation is increasing nuclear safety worldwide. The safety philosophy and practices involved with legal framework for the safe use of nuclear power will foster a collective international involvement and commitment. It will be a positive step towards increasing public confidence in nuclear power

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

    Chiripus, Vlad

    2005-01-01

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

  4. Nuclear regulatory regime in Lithuania

    Kutas, S.

    1999-01-01

    The Law on Nuclear Energy establishes the legal basis for nuclear safety in the Republic of Lithuania. It assigns the responsibility for safety to the operating organization of a nuclear facility and outlines the tasks of the operator and the regulatory authority. According to this Law, the Nuclear Power Safety Inspectorate (VATESI) shall implement state regulation of nuclear safety. Standards and rules, guides and regulations of nuclear safety and radiation protection approved by the Government or by the institutions authorised. It is mandatory for all public and local authorities, enterprises, institutions, organisations, their associations, the officials and other persons whose activities are related to the operation of nuclear facilities, to the use and management of nuclear and radioactive materials therein. Safety guarantee in nuclear energy based on the requirements of the laws and regulations of the Republic of Lithuania, on the requirements of the international treaties to which the Republic of Lithuania is a party, also on the recommendations of the IAEA and other international organisations and authorities

  5. Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

    Anon.

    2002-01-01

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  6. Recent Activities on Global Nuclear Safety Regime

    Cho, Kun-Woo; Park, Jeong-Seop; Kim, Do-Hyoung

    2006-01-01

    Recently, rapid progress on the globalization of the nuclear safety issues is being made in IAEA (International Atomic Energy Agency) and its member states. With the globalization, the need for international cooperation among international bodies and member states continues to grow for resolving these universal nuclear safety issues. Furthermore, the importance of strengthening the global nuclear safety regime is emphasized through various means, such as efforts in application of IAEA safety standards to all nuclear installations in the world and in strengthening the code of conduct and the convention on nuclear safety. In this regards, it is important for us to keep up with the activities related with the global nuclear safety regime as an IAEA member state and a leading country in nuclear safety regulation

  7. Legal aspects and liabilities of storage in transit of nuclear materials

    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

  8. Strengthening the nuclear non-proliferation regime

    Carlson, J.

    2003-01-01

    Although the nuclear non-proliferation regime has enjoyed considerable success, today the regime has never been under greater threat. Three states have challenged the objectives of the NPT, and there is a technology challenge - the spread of centrifuge enrichment technology and know-how. A major issue confronting the international community is, how to deal with a determined proliferator? Despite this gloomy scenario, however, the non-proliferation regime has considerable strengths - many of which can be developed further. The regime comprises complex interacting and mutually reinforcing elements. At its centre is the NPT - with IAEA safeguards as the Treaty's verification mechanism. Important complementary elements include: restraint in the supply and the acquisition of sensitive technologies; multilateral regimes such as the CTBT and proposed FMCT; various regional and bilateral regimes; the range of security and arms control arrangements outside the nuclear area (including other WMD regimes); and the development of proliferation-resistant technologies. Especially important are political incentives and sanctions in support of non-proliferation objectives. This paper outlines some of the key issues facing the non-proliferation regime

  9. A radical approach to decommissioning and nuclear liabilities management

    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)

  10. A radical approach to decommissioning and nuclear liabilities management

    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)

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

    1985-01-01

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

  12. Nuclear liability and the Price--Anderson Act

    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

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

    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

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

    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)

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

    Schwartz, J.

    2008-01-01

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

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

    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

  17. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    Stephens, M.; Brooks, S.; Miller, J.; Neal, P.; Mason, R.

    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 NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites by various technical groups. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (concluded 2011 March), in planning the three-year second phase (currently being commenced), 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. Several internal and external reviews of the Program during the start-up phase examined progress and identified several improvements to planning. These improvements included strengthening communications among the groups within the Program, conducting more detailed advance planning of the interlinked activities, and being cautious about making detailed commitments for activities for which major decisions had yet to be made. The second phase was planned by a dedicated core team. More and earlier input was solicited from the suppliers than in the planning for the first phase. This was to ensure that the proposed program of work was feasible, and to be able to specify in more detail the resources that would be required to carry it out. The NLLP has developed several processes to assist in the detailed planning of the numerous projects and

  18. Overview of the compensation and liability regimes under the International Oil Pollution Compensation Fund (IOPC)

    Wren, John [Department of Environment, Transport and the Regions, Shipping Policy Div., London (United Kingdom)

    2000-08-01

    This paper focuses on the cost recovery issues arising through the operation of the International Oil Pollution Compensation Fund (IOPC) and administrative matters which arose following the Braer and Sea Empress oil tanker pollution incidents in the UK. Each of these oil spills brought very different problems. Any major oil spill will have prolonged economic and social consequences for the communities affected. Membership of the International Oil Pollution Compensation Fund (IOPC Fund) will do much to soften the impact as regards economic damage. However, the operation of the Fund brings difficulties which may not have been considered by the administration prior to the spill. Some of the difficulties are foreseeable. It covers details of the international compensation and liability regimes, it considers a number of administrative consequences and highlights seven lessons that have been learned in the UK in the light of recent experience. These lessons are: Claims may not be paid quickly or in full. Claimants will need advice and government involvement. Action by the government may be needed to complement the IOPC Fund. Governments have to balance their obligations as a member state with the needs of claimants. It is better for claimants to keep matters out of court for as long as possible. Administrative consequences will continue for a long time after the oil has been cleared from the shore-line. Each major oil spill brings different cost recovery problems and will also bring demands 'to learn the lessons'. In much the same way as contingency plans are regularly tested, each state party to the regime would be wise, from time to time, to think through the likely scenarios so as to better prepare themselves in the light of experiences elsewhere. The United Kingdom has had rather more experience in recent years than it would have wished. (Author)

  19. Overview of the compensation and liability regimes under the International Oil Pollution Compensation Fund (IOPC)

    Wren, John

    2000-01-01

    This paper focuses on the cost recovery issues arising through the operation of the International Oil Pollution Compensation Fund (IOPC) and administrative matters which arose following the Braer and Sea Empress oil tanker pollution incidents in the UK. Each of these oil spills brought very different problems. Any major oil spill will have prolonged economic and social consequences for the communities affected. Membership of the International Oil Pollution Compensation Fund (IOPC Fund) will do much to soften the impact as regards economic damage. However, the operation of the Fund brings difficulties which may not have been considered by the administration prior to the spill. Some of the difficulties are foreseeable. It covers details of the international compensation and liability regimes, it considers a number of administrative consequences and highlights seven lessons that have been learned in the UK in the light of recent experience. These lessons are: Claims may not be paid quickly or in full. Claimants will need advice and government involvement. Action by the government may be needed to complement the IOPC Fund. Governments have to balance their obligations as a member state with the needs of claimants. It is better for claimants to keep matters out of court for as long as possible. Administrative consequences will continue for a long time after the oil has been cleared from the shore-line. Each major oil spill brings different cost recovery problems and will also bring demands 'to learn the lessons'. In much the same way as contingency plans are regularly tested, each state party to the regime would be wise, from time to time, to think through the likely scenarios so as to better prepare themselves in the light of experiences elsewhere. The United Kingdom has had rather more experience in recent years than it would have wished. (Author)

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

    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...

  1. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    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

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

    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

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

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

    1995-01-01

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

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

    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

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

    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)

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

    Radetzki, M.

    1999-01-01

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

  7. The Brazilian approach to internet intermediary liability: blueprint for a global regime?

    Nicolo Zingales

    2015-12-01

    Full Text Available While intermediary liability is becoming an issue of increasing importance in internet governance discussions, little is being made at the institutional level to minimise conflicts across jurisdictions and ensure the compliance of intermediary liability laws with fundamental rights and the freedom to innovate. The experience leading to the adoption of the Brazilian “Marco Civil da Internet” offers concrete insights for the definition of a baseline framework at the international level. This article also suggests the creation of a global forum of discussion on intermediary liability, allowing the interests of a variety of stakeholders to be taken into account in the definition and implementation of those baseline principles.

  8. Liability according to civil law regarding border-crossing nuclear damage

    Baer, Caroline

    1987-12-01

    The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

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

    1976-01-01

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

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

    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)

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

    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

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

    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

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

    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

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

    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

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

    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)

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

    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)

  17. The global nuclear safety regime and its impact in Brazil

    Almeida, C.

    2004-01-01

    This work describes the Global Nuclear Safety Regime that was established worldwide after the accident at the Tchernobyl nuclear power plant. This regime is composed of biding international safety conventions, globally accepted safety standard, and a voluntary peer review system. The impact of this Global Regime in Brazil is also discussed. (Author)

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

    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

  19. 10 CFR 140.91 - Appendix A-Form of nuclear energy liability policy for facilities.

    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...

  20. Perspectives on the International and Internal Nuclear Security Regime

    Jang, Sung Soon

    2015-01-01

    The term, 'Nuclear Security' became more familiar to Korean public after the government hosted 2012 Seoul Nuclear Security Summit. Nuclear Security is prevention of, detection of and response to criminal or intentional unauthorized acts involving or directed at nuclear material, other radioactive material, associated facilities, or associated activities. Nuclear Security includes physical protection, security of radioactive sources, nuclear forensics, nuclear smuggling prevention, border monitoring, and cyber security with regard to nuclear and other radiological materials. This abstract will review recent international trends and discuss the nuclear security regime in the Republic of Korea (ROK). The international Nuclear Security Regime has been strengthened. The upcoming Chicago Summit in 2016 and the entry into force of the Amendment of Convention on Physical Protection of Nuclear Materials (CPPNM) will bring major changes in nuclear security. The Republic of Korea hosted the 2012 Seoul Summit and strengthened domestic regime to meet international standards. The ROK has worked hard to contribute to the international security regime and to establish a robust domestic security regime against terrorist threats. Even if the nuclear security regime is robust, Risk-informed Nuclear Security management should be established to meet international standards and to implement effective as well as an efficient nuclear security regime

  1. Perspectives on the International and Internal Nuclear Security Regime

    Jang, Sung Soon [Korea Nuclear Non-proliferation and Control, Daejeon (Korea, Republic of)

    2015-10-15

    The term, 'Nuclear Security' became more familiar to Korean public after the government hosted 2012 Seoul Nuclear Security Summit. Nuclear Security is prevention of, detection of and response to criminal or intentional unauthorized acts involving or directed at nuclear material, other radioactive material, associated facilities, or associated activities. Nuclear Security includes physical protection, security of radioactive sources, nuclear forensics, nuclear smuggling prevention, border monitoring, and cyber security with regard to nuclear and other radiological materials. This abstract will review recent international trends and discuss the nuclear security regime in the Republic of Korea (ROK). The international Nuclear Security Regime has been strengthened. The upcoming Chicago Summit in 2016 and the entry into force of the Amendment of Convention on Physical Protection of Nuclear Materials (CPPNM) will bring major changes in nuclear security. The Republic of Korea hosted the 2012 Seoul Summit and strengthened domestic regime to meet international standards. The ROK has worked hard to contribute to the international security regime and to establish a robust domestic security regime against terrorist threats. Even if the nuclear security regime is robust, Risk-informed Nuclear Security management should be established to meet international standards and to implement effective as well as an efficient nuclear security regime.

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

    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

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

    Pelzer, Norbert

    1988-01-01

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

  4. Risk in Nuclear Industry. Liability for Nuclear Damage. Status of the Problem in the Russian Federation

    Kovalevich, Oleg M.; Gavrilov, Sergey D.; Voronov, Dmitry B.

    2001-01-01

    Russia is one of a few nuclear power states obtaining the whole number of nuclear fuel cycle (NFC) components - from mining of uranium and on-site electricity production, from NPP spent nuclear fuel processing and extracted fissile materials and radionuclides, which are available in industry, in medicine and in other relevant areas, to radioactive waste processing and disposal. For this reason it is very important to solve the problem of nuclear fuel cycle safety as it is a single system task with an adequate approach for all cycle components. The problem is that NFC facilities are technologically various and refer to different industries (mining, machinery engineering, power engineering, chemistry, etc.). Besides, the above facilities need the development of various scientific bases. The most NFC facilities is directly connected with peaceful use of nuclear energy and with military nuclear industry, as the defense orders stimulated the development of NFC. The specific attention to safety problems at the beginning of nuclear complex foundation adversely affected the state attitude towards the risk in nuclear industry, it has left the traces at present. In our paper we touch upon the problems of risk and the liability for nuclear damage for the third persons. The problems of nuclear damage compensation for nuclear facilities personnel and for the owners (operating organizations) are beyond our subject

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

    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

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

    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)

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

    1979-01-01

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

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

    Manninen, J.

    1986-01-01

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

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

    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)

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

    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

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

    Welck, S. von

    1980-01-01

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

  12. Electronuclear Park, Privatization and Civil Strict Liability

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  13. Legislative Study on China’s Compensation for Nuclear Damage Liability

    Jiu Liu

    2018-06-01

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

  14. Development of Risk Assessment Methodology for State's Nuclear Security Regime

    Jang, Sung Soon; Seo, Hyung Min; Lee, Jung Ho; Kwak, Sung Woo

    2011-01-01

    Threats of nuclear terrorism are increasing after 9/11 terrorist attack. Treats include nuclear explosive device (NED) made by terrorist groups, radiological damage caused by a sabotage aiming nuclear facilities, and radiological dispersion device (RDD), which is also called 'dirty bomb'. In 9/11, Al Qaeda planed to cause radiological consequences by the crash of a nuclear power plant and the captured airplane. The evidence of a dirty bomb experiment was found in Afganistan by the UK intelligence agency. Thus, the international communities including the IAEA work substantial efforts. The leaders of 47 nations attended the 2010 nuclear security summit hosted by President Obama, while the next global nuclear summit will be held in Seoul, 2012. Most states established and are maintaining state's nuclear security regime because of the increasing threat and the international obligations. However, each state's nuclear security regime is different and depends on the state's environment. The methodology for the assessment of state's nuclear security regime is necessary to design and implement an efficient nuclear security regime, and to figure out weak points. The IAEA's INPRO project suggests a checklist method for State's nuclear security regime. The IAEA is now researching more quantitative methods cooperatively with several countries including Korea. In this abstract, methodologies to evaluate state's nuclear security regime by risk assessment are addressed

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

    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

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

    Marrone, J.

    1983-01-01

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

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

    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

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

    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

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

    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

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

    NONE

    1998-07-22

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

  1. Liabilities for the decommissioning and disposal in the nuclear area. Analysis and concept of reformation

    Meyer, Bettina

    2012-01-01

    The contribution under consideration examines the adequacy of the reserves for decommissioning / dismantling and disposal in order to finance long-term tasks. A reform concept is presented. The two key components of the reformation are the establishment of a public fund for the long-term obligations and a stronger insolvency protection of medium-term nuclear liabilities.

  2. A bridge between two conventions on civil liability for nuclear damage: The Joint Protocol relating to the application of the Vienna Convention and the Paris Convention

    Busekist, Otto von

    2006-01-01

    The adoption of the Joint Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and the NEA, was hailed as landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. The present article attempts to describe the history of the Joint Protocol during the many years it took to develop this link between the two conventions, to provide comment on its objectives and content, and to discuss some important questions related to its application

  3. A bridge between two Conventions on civil liability for nuclear damage: the Joint protocol Relating to the application of the Vienna Convention and the Paris Convention

    Busekist, O. von.

    1989-01-01

    The adoption of the Joint-Protocol and its signature on 21 September 1988, at the closure of the diplomatic conference jointly convened in Vienna by the IAEA and NEA, was hailed as a landmark in efforts towards the establishment of a comprehensive civil nuclear liability regime. The importance of liability and compensation for transfrontier damage caused by a nuclear incident is indeed one of the lessons learned from the Chernobyl accident. This article describes the history of the Joint Protocol during the many years it took to develop this link between the two Conventions, provides a comment on its objectives and content, and discusses some important questions related to its application. (NEA) [fr

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

    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

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

    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

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

    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

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

    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)

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

    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)

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

    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

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

    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

  11. Regulatory Regime and its influence in the nuclear safety

    Laaksonen, J.

    1999-01-01

    A leading internationally agreed principle is that the prime responsibility for nuclear safety rests with each user of nuclear energy. A proper regulatory regime is needed to ensure that this responsibility is met. In the first place it provides a verification that all relevant safety issues are understood and taken into account in the practical measures by the users but it is equally important that the regulatory regime supports the users in their strive to achieve an adequate level of safety (author)

  12. 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

    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.)

  13. THE IMPACT OF THE GLOBAL NUCLEAR SAFETY REGIME IN BRAZIL

    Almeida, C.

    2004-01-01

    A turning point of the world nuclear industry with respect to safety occurred due to the accident at Chernobyl, in 1986. A side from the tragic personal losses and the enormous financial damage, the Chernobyl accident has literally demonstrated that ''a nuclear accident anywhere is an accident everywhere''. The impact was felt immediately by the nuclear industry, with plant cancellations (e.g. Austria), elimination of national programs (e.g. Italy) and general construction delays. However, the reaction of the nuclear industry was equally immediate, which led to the proposal and establishment of a Global Nuclear Safety Regime. This regime is composed of biding international safety conventions, globally accepted safety standard, and a voluntary peer review system. In a previous work, the author has presented in detail the components of this Regime, and briefly discussed its impact in the Brazilian nuclear power organizations, including the Regulatory Body. This work, on the opposite, briefly reviews the Global Nuclear Safety Regime, and concentrates in detail in the discussion of its impact in Brazil, showing how it has produced some changes, and where the peer pressure regime has failed to produce real results

  14. The contribution of industry to complementary financing of nuclear liability risk

    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

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

    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

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

    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

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

    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

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

    1978-01-01

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

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

    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)

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

    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.

  1. The CTBT Verification Regime: Monitoring the Earth for nuclear explosions

    2011-03-01

    The Comprehensive nuclear-Test-Ban Treaty (CTBT) bans all nuclear weapon tests. Its unique verification regime is designed to detect nuclear explosions anywhere on the planet - in the oceans, underground and in the atmosphere. once complete, the international Monitoring system (iMs) will consist of 337 facilities located in 89 countries around the globe. The iMs is currently operating in test mode so that data are already transmitted for analysis from monitoring facilities to the international Data Centre (iDC) at the headquarters of the preparatory Commission for the Comprehensive nuclear-Test-Ban Treaty Organization (CTBTO) in Vienna. Data and analysis results are shared with Member states.

  2. 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

    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

  3. Regulatory regime and its influence in the nuclear safety

    Laaksonen, J.

    1999-01-01

    Main elements of nuclear regulatory regime in general is presented. These elements are: national rules and safety regulations, system of nuclear facility licensing, activities of regulatory body. Regulatory body is needed to specify the national safety regulations, review and assess the safety documentation presented to support license application, make inspections to verify fulfilment of safety regulations and license conditions, monitor the quality of work processes of user organization, and to assess whether these processes provide a high safety level, promote high safety culture, promote maintenance and development of national infrastructure relevant to nuclear safety, etc

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

    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

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

    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)

  6. Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

    1965-01-01

    This Act determines the liability of operators of nuclear ships according to the general principles of the Paris Convention. In particular, such operators are solely liable for nuclear damage caused by a nuclear incident up to a limit of 500 millions French francs. With regard to French nuclear ships and insofar as the security provided by the operator is insufficient to meet claims for which he is liable up to the above-mentioned limit, the State intervenes to that amount. (NEA) [fr

  7. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Chinese Edition)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  8. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Arabic Edition)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  9. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals

    2013-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  10. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Spanish Edition)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objeurity Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit

  11. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (French Edition)

    2014-01-01

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit trafficking and the inadvertent movement of

  12. Ministerial Decree of 20 March 1979 excluding certain categories of nuclear substances from the scope of the Paris and Brussels Conventions on Nuclear Third Party Liability

    1979-01-01

    The purpose of this Decree is to exclude certain categories of nuclear substances from the scope of the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Its publication enables implementation at the internal level of the corresponding Decision taken by the OECD Nuclear Energy Agency's Steering Committee on 27 October 1977. (NEA) [fr

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

    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

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

    1980-01-01

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

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

    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

  16. Sharing Residual Liability

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

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

  17. 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

    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

  18. On the Measures to Strengthen the Global Nuclear Safety Regime

    Hussein, A.Z.

    2008-01-01

    The fundamental safety objective to protect people and the environment from harmful effects of ionizing radiation applies to all circumstances that give rise to radiation risks. The intent and purpose of safety principles are to be applicable throughout the entire lifetime of all facilities and activities - existing and new utilized for peaceful purposes, and to protective actions to reduce radiation risks. Now as the nuclear option is being revisited in many places, a variety of stake holders will seek participation in such decisions. Nuclear and radiological accidents occurred wide world have served to arouse public concern. The development of here-and-now media capabilities have created an awareness that may not have previously existed. Improvement in educational systems and the development of the internet have made technical information and expertise available to individuals and locations that were previously without them. The core of the Global Nuclear Safety Regime (INSAG Series No.21) for nuclear installations are the activities undertaken by each state to ensure the safety and security of the nuclear installations within its jurisdiction. National efforts can be strengthened by: intergovernmental organizations, multinational networks among operators, multinational networks among regulators, multinational networks among scientists, the international nuclear industry, and the stake holders (public, news media, NGO's) that are engaged in Nuclear Safety. All of these efforts should be harnessed to enhance the achievement of safety

  19. Ordinance of 30 November 1981 on cover for civil liability resulting from nuclear power plant operation - RS 732.44

    1981-01-01

    Until the end of 1981, the amount of insurance for third party liability resulting from operating a nuclear electricity generating plant was limited to 200 million Swiss francs. This ordinance provides that, as from 1 january 1982, this amount is raised to 300 million Swiss francs. (NEA) [fr

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

    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

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

    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

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

    NONE

    1998-07-23

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

  3. A study on the establishment of national nuclear foreign policy -with reference to the strategy on the NPT extension and analysis of nuclear liability-

    Oh, Keun Bae; Choi, Yeong Myeong; Ham, Chol Hoon; Lee, Kwang Seok; Lee, Byeong Uk; Lee, Jae Seong; Choi, Yeong Rok; Ko, Han Seok

    1994-01-01

    The overall objectives of this study are to analyze the international nuclear export control system and the international non-proliferation circumstance, to establish national strategies for the NPT extension, to suggest revisions of the IAEA Statute Article VI giving Korea permanent membership on the IAEA board of Governors, and to analyze and establish counter measurements for nuclear liability in verious fields. (Author)

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

    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

  5. The compensation of losses in case of a nuclear accident

    Leger, M.

    2010-01-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  6. Strengthening the Global Nuclear Safety Regime. INSAG-21. A report by the International Nuclear Safety Group

    2014-01-01

    The Global Nuclear Safety Regime is the framework for achieving the worldwide implementation of a high level of safety at nuclear installations. Its core is the activities undertaken by each country to ensure the safety and security of the nuclear installations within its jurisdiction. But national efforts are and should be augmented by the activities of a variety of international enterprises that facilitate nuclear safety - intergovernmental organizations, multinational networks among operators, multinational networks among regulators, the international nuclear industry, multinational networks among scientists, international standards setting organizations and other stakeholders such as the public, news media and non-governmental organizations (NGOs) that are engaged in nuclear safety. All of these efforts should be harnessed to enhance the achievement of safety. The existing Global Nuclear Safety Regime is functioning at an effective level today. But its impact on improving safety could be enhanced by pursuing some measured change. This report recommends action in the following areas: - Enhanced use of the review meetings of the Convention on Nuclear Safety as a vehicle for open and critical peer review and a source for learning about the best safety practices of others; - Enhanced utilization of IAEA Safety Standards for the harmonization of national safety regulations, to the extent feasible; - Enhanced exchange of operating experience for improving operating and regulatory practices; and - Multinational cooperation in the safety review of new nuclear power plant designs. These actions, which are described more fully in this report, should serve to enhance the effectiveness of the Global Nuclear Safety Regime

  7. The effectiveness and development trend of nuclear third party liability insurance in the nuclear risk management

    Wang Pei

    2010-01-01

    Nuclear power considerably benefited mankind since it was utilized peaceably. The cleanness, safety and high efficiency of nuclear power were gradually known and recognized by the public. However at the same time, nuclear power had produced significant accident and consequently caused severe aftereffects during its utilization. Therefore, effective management of nuclear risk and reducing its accident probability are the social responsibilities of every nuclear nation. From the insurance point of view, this document analyzes the validity and development trends of nuclear third party insurance in nuclear risk management. It also introduces effectual experience in this field from nuclear insurance developed countries. This document discusses the necessity of consummating nuclear third party insurance under the aggressive development situation of nuclear power in our country. (author)

  8. Towards an international regime on radiation and nuclear safety

    Gonzalez, A.J.

    2000-01-01

    The 1990s have seen the de facto emergence of what might be called an 'international regime on nuclear and radiation safety'. It may be construed to encompass three key elements: legally binding international undertakings among States; globally agreed international safety standards; and provisions for facilitating the application of those standards. While nuclear and radiation safety are national responsibilities, governments have long been interested in formulating harmonised approaches to radiation and nuclear safety. A principal mechanism for achieving harmonisation has been the establishment of internationally agreed safety standards and the promotion of their global application. The development of nuclear and radiation safety standards is a statutory function of the IAEA, which is unique in the United Nations system. The IAEA Statute expressly authorises the Agency 'to establish standards of safety' and 'to provide for the application of these standards'. As the following articles and supplement in this edition of the IAEA Bulletin point out, facilitating international conventions; developing safety standards; and providing mechanisms for their application are high priorities for the IAEA. (author)

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

    Simoes, A.C.

    1975-01-01

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

  10. On possibility of vibrational stabilization in nuclear instable stationary regimes in nuclear reactors

    Trakhtenberg, A.M.

    1987-01-01

    A principle possibility of applying the vibrational stabilization method to nuclear reactors is studied. The problem of securing the stability of nuclear reactor operation steady-state regimes is one of the central ones in dynamics theory and nuclear reaction operation experience. In particular, the problem of xenon oscillation suppressing in a reactor, occuring as a result of steady-state regime instability is urgent. Investigation is conducted using the simpliest reactor model, repesenting it as a non-linear object with concentrated parameters. It is proved that vibrational stabilization is achieved by periodic fluctuations of the control rod positions in the reactor core and boric acid concentration in the coolant with period 1s 4 s. In practice stabilization is effective, when the steady-state regime is located near the stability boundary, which appears to be dangerous, i.e. self-oscillations with inadmissibly high amplitude occure in the reactor

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

    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?''

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

    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.)

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

    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)

  14. Third party liability insurance for international transport of nuclear substances in countries party to the Paris Convention

    Lacroix, F.

    1977-01-01

    The number of international transports of radioactive materials has been increasing at an accelerating rate for several years. These transports are subject to specific safety rules which must be complied with in order to obtain nuclear third party liability cover. In general nuclear transports are insured under a policy which differs from that for installations. Transport policy criteria have been harmonized to some extent, in particular, in the frame of the OECD Nuclear Energy Agency. Certificates established by the competent national authorities testifying to the existence of insurance must in principle be approved by the countries crossed which are parties to the Paris Convention. (NEA) [fr

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

    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

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

    NONE

    1997-02-28

    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.

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

    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

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

    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)

  19. Compensation for nuclear damage: a comparison among the international regime, Japan and China

    Liu, J.; Faure, Michael

    2016-01-01

    Following the Fukushima disaster in Japan in 2011, how the compensation system for nuclear damage should be improved has obtained broad attention. The compensation system, including liability rules, insurance and government involvement, does not only concern to what extent the victims can be

  20. Perspectives of the nuclear non-proliferation regime

    Koungou, Leon

    2004-01-01

    To join traditional methods and new approaches of 'non-proliferation'. This is a technical method and the best way to fight against 'non-proliferation' which is facing few preoccupations: knowledge's disseminations; technologies; equipments and weapons that should be stopped. As it's important to note the return of nuclear danger as the end of confrontation between west-east which should be reduce. As the adaptation of mechanisms is necessary today, as it is important to react about states' incitations to violate international engagement of non-proliferation. Areas control allows finding out change and evolution, but more insufficient. Functional difficulties show that the IAEA (International Agency of Atomic Energy) does not work good. Safeguard system does not allow to respect 'non-proliferation' engagements; for instance 'junkies states' that they cannot dissuade traditional methods. The fight of 'non-proliferation' shows new progresses with fearing methods of prevention actions and heaviest international controls of exportation. The target of this is very ambitious. This new method is self-successful because it contributes to re-enforce international security when defeating acquisition of nuclear and mass destruction weapons by non-states factors. Therefore non-proliferation regime and especially 'non-proliferation treaty' remains delicate as long as some militaries state such USA will reject their 'non-proliferation' engagement. (author) [fr

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

    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

  2. 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

    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

  3. An Overview of Global Nuclear Security Regime and Its Introduction into the Nigerian Educational System

    Jonah, S.A.

    2013-01-01

    Nuclear security is the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities. The responsibility for creating and sustaining a nuclear security regime for the protection of nuclear and other radiological material clearly belongs to the respective country. Within a State the nuclear security regime resembles layers of an onion with equipment and personnel securing the borders and ports representing the outer layer. Nuclear power, research reactor and nuclear medicine facilities constitute the various inner layers down to the actual target materials. Components of any nuclear security regime include not only technological systems, but the human resources needed to manage, operate, administer and maintain equipment, hardware and software. Nigeria is a non-nuclear weapons state and without a large-scale nuclear industry, but have a major role to play in preventing nuclear terrorism globally. It is pertinent to know that as the Fukushima accident and other nuclear accidents have demonstrated, nuclear crises do not respect borders. Therefore, nuclear threats must be addressed by all nations. Furthermore, to set the groundwork for the safe, peaceful and stable use of nuclear energy in Nigeria and all over the world, efforts must be made to enhance nuclear safety and security. This paper discusses the present international nuclear security regime and possibility of integrating it into the Nigerian educational system in view of current global perspectives and nuclear renaissance.

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

    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

  5. Development of Risk Assessment Methodology for State's Nuclear Security Regime

    Jang, Sung Soon; Seo, Hyung Min; Lee, Jung Ho; Kwak, Sung Woo [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

    2011-05-15

    Threats of nuclear terrorism are increasing after 9/11 terrorist attack. Treats include nuclear explosive device (NED) made by terrorist groups, radiological damage caused by a sabotage aiming nuclear facilities, and radiological dispersion device (RDD), which is also called 'dirty bomb'. In 9/11, Al Qaeda planed to cause radiological consequences by the crash of a nuclear power plant and the captured airplane. The evidence of a dirty bomb experiment was found in Afganistan by the UK intelligence agency. Thus, the international communities including the IAEA work substantial efforts. The leaders of 47 nations attended the 2010 nuclear security summit hosted by President Obama, while the next global nuclear summit will be held in Seoul, 2012. Most states established and are maintaining state's nuclear security regime because of the increasing threat and the international obligations. However, each state's nuclear security regime is different and depends on the state's environment. The methodology for the assessment of state's nuclear security regime is necessary to design and implement an efficient nuclear security regime, and to figure out weak points. The IAEA's INPRO project suggests a checklist method for State's nuclear security regime. The IAEA is now researching more quantitative methods cooperatively with several countries including Korea. In this abstract, methodologies to evaluate state's nuclear security regime by risk assessment are addressed

  6. A Study on the cooperation policy in multilateral nuclear control regimes and the advancing of national export control system

    Lee, Byung Wook; Oh, K. B.; Yang, M. H.; Lee, H. M.; Lee, K. S.; Ko, H. S.; Ryu, J. S.; Kim, J. S.

    2004-08-01

    This study carried out the analysis of trends of the multilateral nuclear control in four aspects. First, this study analyzes the past trends of the international nuclear non-proliferation regime, which includes the NPT, the IAEA safeguards system, the international nuclear export control regime and the physical protection of nuclear materials. Second, this study establishes the multilateral cooperation strategies for the effective cooperation in the process of strengthening the nuclear control regimes. Third, this study reviews the major agenda of nuclear control regimes and establishes national positions on each agenda. Fourth, this study also analyzes outstanding issues in nuclear control regimes and derives some factors to reflect national nuclear control system

  7. Long-term management of radioactive waste - will the Price-Anderson system work for third party liability issues arising from the Nuclear Waste Policy Act of 1982

    Kuznick, S.K.

    1985-01-01

    Two pieces of legislation have been enacted in the United States to provide a framework for the management of radioactive waste and spent nuclear fuel: the Low-level Radioactive Waste Policy Act (1980) and the Nuclear Waste Policy Act of 1982. Neither of these statutes provide a means for resolving third party liability issues arising out of radioactive waste management. However, the Price Anderson Act (originally enacted in 1957) provides a system of financial protection that can be applied to waste management activities and that can resolve most issues pertaining to liability for nuclear damage that may result from long-term management of radioactive waste and spent nuclear fuel. (NEA) [fr

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

    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

  9. The compensation of losses in case of a nuclear accident; L'indemnisation des prejudices en cas d'accident nucleaire

    Leger, M. [CEA Saclay, Dir. Juridique et du Contentieux, 91 - Gif-sur-Yvette (France)

    2010-07-01

    After having recalled that the elaboration of a special regime of liability for nuclear damages due to a nuclear accident aimed at conciliating two distinct objectives (to protect population and workers, and to provide a judicial security to the nuclear industry), this document comments the present regime of nuclear civil liability, its legal framework and its evolution. It comments its scope of application (geographical field of application, concerned activities, covered damages), and the principles of nuclear civil liability regime (a specific regime has been introduced by the Paris Convention for the operators). The content of Paris and Brussels Conventions review protocols which have been signed in 2004 is described

  10. 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

    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

  11. Strengthening the nuclear nonproliferation regime: focus on the civilian nuclear fuel cycle

    Saltiel, David H.; Pregenzer, Arian Leigh

    2005-01-01

    Leaders around the world and across the ideological spectrum agree that the global nonproliferation regime is facing a serious test. The emergence of sophisticated terrorist networks, black markets in nuclear technology, and technological leaps associated with globalization have conspired to threaten one of the most successful examples of international cooperation in history. The rampant proliferation of nuclear weapons that was predicted at the start of the nuclear age has been largely held in check and the use of those weapons avoided. Nonetheless, with the thirty-fifth anniversary of the Treaty on the Nonproliferation of Nuclear Weapons (NPT), the threat of nuclear proliferation seems more serious than ever. Although experts readily concede that there exist many pathways to proliferation, the threat posed by the misuse of the civilian nuclear fuel cycle has received considerable recent attention. While the connection between nuclear energy and nonproliferation has been a topic of discussion since the dawn of the nuclear age, world events have brought the issue to the forefront once again. United States President George W. Bush and International Atomic Energy Agency (IAEA) Director General Mohammad ElBaradei are among those who have highlighted proliferation risks associated with civilian nuclear power programs and called for revitalizing the nuclear nonproliferation regime to address new threats. From the possibility of diversion or theft of nuclear material or technology, to the use of national civilian programs as a cover for weapons programs - what some have called latent proliferation - the fuel cycle appears to many to represent a glaring proliferation vulnerability. Just as recognition of these risks is not new, neither is recognition of the many positive benefits of nuclear energy. In fact, a renewed interest in exploiting these benefits has increased the urgency of addressing the risks. Global energy demand is expected to at least double by the middle of

  12. Nuclear disarmament and evolution of the nuclear non-proliferation regime

    Bragin, V.; Carlson, J.; Bardsley, J.; Hill, J.

    1999-01-01

    The 1995 NPT Review and Extension Conference reaffirmed 'the ultimate goals of the complete elimination of nuclear weapons and a treaty on general and complete disarmament under strict and effective international control' and endorsed 'universal application of safeguards once the complete elimination of nuclear weapons has been achieved'. Hence strengthening the international non-proliferation regime and incremental broadening of its coverage towards the universal application of international safeguards in all States is a high priority albeit for the medium to long term. A tentative attempt is made in this paper to anticipate how the elements of verification under the NPT, FMCT and other conventions and arrangements related to nuclear non-proliferation will evolve against the background of the disarmament process, with the goal of achieving at some future stage an ultimate convergence of verification regimes under a complete nuclear disarmament. We think, however, that most of the new initiatives in the area of disarmament/non-proliferation should be realised during the current disarmament phase. We do not wish our model to be perceived as a rigid time-bound scheme. New initiatives should be implemented in parallel and as soon as practicable. This paper reflects the personal views of the authors and should not be taken to represent Australian Government policy. (author)

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

    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

  14. The US nuclear weapon infrastructure and a stable global nuclear weapon regime

    Immele, John D [Los Alamos National Laboratory; Wagner, Richard L [Los Alamos National Laboratory

    2009-01-01

    US nuclear weapons capabilities -- extant force structure and nuclear weapons infrastructure as well as declared policy -- influence other nations' nuclear weapons postures, at least to some extent. This influence can be desirable or undesirable, and is, of course, a mixture of both. How strong the influence is, and its nature, are complicated, controversial, and -- in our view -- not well understood but often overstated. Divergent views about this influence and how it might shape the future global nuclear weapons regime seem to us to be the most serious impediment to reaching a national consensus on US weapons policy, force structure and supporting infrastructure. We believe that a paradigm shift to capability-based deterrence and dissuasion is not only consistent with the realities of the world and how it has changed, but also a desirable way for nuclear weapon postures and infrastructures to evolve. The US and other nuclear states could not get to zero nor even reduce nuclear arms and the nuclear profile much further without learning to manage latent capability. This paper has defined three principles for designing NW infrastructure both at the 'next plateau' and 'near zero.' The US can be a leader in reducing weapons and infrastructure and in creating an international regime in which capability gradually substitutes for weapons in being and is transparent. The current 'strategy' of not having policy or a Congressionally-approved plan for transforming the weapons complex is not leadership. If we can conform the US infrastructure to the next plateau and architect it in such a way that it is aligned with further arms reductions, it will have these benefits: The extant stockpile can be reduced in size, while the smaller stockpile still deters attack on the US and Allies. The capabilities of the infrastructure will dissuade emergence of new challenges/threats; if they emerge, nevertheless, the US will be able to deal with them in

  15. Crisis as opportunity. Implications of the nuclear conflict with Iran for the nuclear non-proliferation regime

    Meier, Oliver

    2014-01-01

    The conflict over the Iranian nuclear programme represents the greatest challenge for international efforts to prevent nuclear proliferation. For decades Iran has been violating obligations contained in its safeguards agreement with the International Atomic Energy Agency (IAEA) in order to become nuclear weapons capable. But what impact does the conflict over Tehran's nuclear programme have on the nuclear non-proliferation regime? In three areas there is significant overlap between efforts to find a solution with Iran and broader discussions about strengthening non-proliferation norms, rules and procedures: verification of civilian nuclear programmes, limiting the ability to produce weapons-grade fissile materials, and nuclear fuel supply guarantees. The nuclear dispute with Tehran is likely to have specific effects in each of these fields on the non-proliferation regime's norms, rules and procedures. The ninth NPT review conference, which will take place from 27 April to 22 May 2015, offers an opportunity to draw lessons from the nuclear conflict and discuss ideas for further strengthening the regime. Germany is the only non-nuclear-weapon state within the E3+3 group and the strongest proponent of nuclear disarmament. As a supporter of effective multilateralism, Berlin also bears a special responsibility for ensuring that steps to strengthen nuclear verification and control efforts in the talks with Iran also reflect the non-nuclear-weapon states' interest in disarmament and transparency on the part of the nuclear-weapons states.

  16. Crisis as opportunity. Implications of the nuclear conflict with Iran for the nuclear non-proliferation regime

    Meier, Oliver

    2014-11-15

    The conflict over the Iranian nuclear programme represents the greatest challenge for international efforts to prevent nuclear proliferation. For decades Iran has been violating obligations contained in its safeguards agreement with the International Atomic Energy Agency (IAEA) in order to become nuclear weapons capable. But what impact does the conflict over Tehran's nuclear programme have on the nuclear non-proliferation regime? In three areas there is significant overlap between efforts to find a solution with Iran and broader discussions about strengthening non-proliferation norms, rules and procedures: verification of civilian nuclear programmes, limiting the ability to produce weapons-grade fissile materials, and nuclear fuel supply guarantees. The nuclear dispute with Tehran is likely to have specific effects in each of these fields on the non-proliferation regime's norms, rules and procedures. The ninth NPT review conference, which will take place from 27 April to 22 May 2015, offers an opportunity to draw lessons from the nuclear conflict and discuss ideas for further strengthening the regime. Germany is the only non-nuclear-weapon state within the E3+3 group and the strongest proponent of nuclear disarmament. As a supporter of effective multilateralism, Berlin also bears a special responsibility for ensuring that steps to strengthen nuclear verification and control efforts in the talks with Iran also reflect the non-nuclear-weapon states' interest in disarmament and transparency on the part of the nuclear-weapons states.

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

    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. Naval nuclear propulsion and the international nonproliferation regime

    Guimaraes, Leonam dos Santos

    2005-01-01

    Nuclear powered attack submarine (SSN) acquisition by Non-Proliferation Treaty No- Nuclear Weapon State (NPT-NNWS) Navies does not imply nuclear weapon proliferation risks higher than those related to stationary research and power reactors. It must then be recognized that stringent restraints on supplies and political pressures on governments, both exercised very effectively by No-Proliferation Treaty - Nuclear Weapon State (NPT-NWS) against NPT-NNWS indigenous development of SSN and associated fuel cycle facilities, are fundamentally based on geopolitical and military strategic objectives. This practice is far from being related exclusively to the NPT spirit: in fact, it is a matter of freedom at seas and not of nuclear proliferation. (author)

  19. Decree of 28 December 1965, Stb. 647, in implementation of Section 2 of the Act of 27 October 1965, Stb 546, on Third Party Liability in the Field of Nuclear Energy

    1965-01-01

    This Decree excludes from the scope of application of the Nuclear Incidents (Third Party Liability) Act, small quantities of nuclear substances during transport in view of the small extent of the risk involved. (NEA) [fr

  20. Rogue proliferator? North Korea's nuclear fuel cycle and its relationship to regime perpetuation

    Habib, Benjamin

    2010-01-01

    North Korea is unlikely to relinquish its nuclear program because of its importance to the perpetuation of the Kim regime. This conclusion arises from the observation that the nuclear program has been a long-term project spanning several decades, culminating in denuclearisation negotiations, which have followed a cyclical pattern in which the North has provoked crises to extract concessions and gain leverage vis-a-vis regional states. It is clear that the nuclear program has great intrinsic value to Pyongyang. First, this paper argues that the sunk costs of previous investment in the nuclear program, as evidenced by the infrastructure for the country's nuclear fuel cycle, create forward momentum favouring continuation of the nuclear program. Second, it argues that the nuclear program solidifies Kim regime rule as an institutional buttress, as a prop for the domestic economy, and as a vehicle for ideological legitimation. The paper is a unique contribution, which explicitly links the Kim regime's proliferation calculus to the economic and bureaucratic imperatives of regime perpetuation, as well as the sunk cost of previous investment in the nuclear program. It provides a coherent explanation for North Korea's consistent unreliability in negotiations, and offers insights into future prospects of the denuclearisation process.

  1. A open-quotes Newclose quotes regime for nuclear weapons and materials

    Sutcliffe, W.G.

    1994-01-01

    In this paper, I discuss the principal ideas that I covered in my presentation on December 8, 1993, at the Future of Foreign Nuclear Materials Symposium held by the Naval Postgraduate School in Monterey, California. I was asked to discuss issues related to military inventories of plutonium, and I took this opportunity to describe a possible declaratory regime that could encompass military as well as civilian inventories of plutonium. The open-quote newclose quotes in the title does not imply that the regime discussed here is an original idea. Rather, the regime will be open-quotes new,close quotes when it is adopted. The regime proposed here and in other works is one in which all stocks of nuclear weapons and materials are declared. Originally, declarations were proposed as a traditional arms control measure. Here, declarations are proposed to support the prevention of misuse of nuclear weapons and materials, including support for the nonproliferation regime. In the following, I discuss: (1) Worldwide inventories of nuclear weapons and materials, including the fact that military plutonium must be viewed as part of that worldwide inventory. (2) Life cycles of nuclear weapons and materials, including the various stages from the creation of nuclear materials for weapons through deployment and retirement of weapons to the final disposition of the materials. (3) Mechanisms for making declarations. (4) Risks and benefits to be derived from declarations. (5) Possibilities for supporting evidence or verification

  2. The Liabilities Management Group

    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)

  3. Institutional effectiveness in international regimes. An analysis of the effectiveness of the nuclear non-proliferation regime coping with the political malignity in the case of Iran

    Oezden, Tugba

    2015-07-01

    Among the international security regimes, the Nuclear Non-Proliferation Regime has a prominent ranking due to the destructive power of the nuclear weapons over regional and global peace and stability. The NPT Regime has come across with two major challenges in the recent decade: North Korea and Iran. Contrary to North Korea, Iran is determined to stay as a state party to the Nuclear Non-Proliferation Treaty. The Regime still did not confirm the character and extent of Iranian nuclear program. The question of this study is ''why the processes of the NPT Regime cannot specify the nature and scope of Irans nuclear program?'' The three main the processes of the regime, which are the International Atomic Energy Agency (IAEA), the UN Security Council (UNSC) and the multilateral negotiations, are examined to determine the weaknesses of the regime. This study argues that the regime is modulated to cope with operational challenges and it remains relatively incompetent when a political challenge arises.

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

    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)

  5. Morocco. Act no. 12-02 on civil liability for nuclear damage. Promulgated on 7 january 2005. Chapter 1. General provisions

    Anon.

    2005-01-01

    Three texts concern Morocco with the Act on civil liability for Nuclear damage (2005), International Atomic energy Agency with the code of conduct on the safety of research reactors (2004), United Nations with U.N. Security Council Resolution 1540 (2004). (N.C.)

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

    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

  7. Liabilities for the decommissioning and disposal in the nuclear area. Analysis and concept of reformation; Rueckstellungen fuer Rueckbau und Entsorgung im Atombereich. Analyse und Reformkonzept

    Meyer, Bettina [Umweltministerium Schleswig-Holstein, Kiel (Germany)

    2012-06-15

    The contribution under consideration examines the adequacy of the reserves for decommissioning / dismantling and disposal in order to finance long-term tasks. A reform concept is presented. The two key components of the reformation are the establishment of a public fund for the long-term obligations and a stronger insolvency protection of medium-term nuclear liabilities.

  8. Evolution and resilience of the nuclear nonproliferation regime

    Pregenzer, Arian L.

    2014-01-01

    This paper introduces the concept of systems resilience as a new framework for thinking about the future of the nonproliferation regime. Resilience refers to the ability of a system to maintain its vital functions in the face of continuous and unpredictable change. First, I make the case that the nonproliferation regime can be viewed as a complex system. Next, I discuss key themes from the literature on systems resilience and apply them to the nonproliferation system: the difference between resilience and stability; the need for evolution to maintain function; the importance of functional diversity; and the concept of the adaptive cycle. I show that most existing nonproliferation strategies are aimed at stability rather than resilience and that the current nonproliferation system may be over-constrained by the cumulative evolution of strategies. According to the literature on systems resilience, this increases its vulnerability to collapse. I argue that the resilience of the nonproliferation system can be enhanced by increasing international participation in setting the nonproliferation agenda, developing general international response capabilities, focusing on non-coercive approaches to decreasing demand, and applying systems thinking more rigorously to nonproliferation

  9. Evolution and resilience of the nuclear nonproliferation regime

    Pregenzer, Arian L. [Senior Scientist, Retired, Sandia National Laboratories, 13013 Arroyo de Vista NE, Albuquerque, NM 87111 (United States)

    2014-05-09

    This paper introduces the concept of systems resilience as a new framework for thinking about the future of the nonproliferation regime. Resilience refers to the ability of a system to maintain its vital functions in the face of continuous and unpredictable change. First, I make the case that the nonproliferation regime can be viewed as a complex system. Next, I discuss key themes from the literature on systems resilience and apply them to the nonproliferation system: the difference between resilience and stability; the need for evolution to maintain function; the importance of functional diversity; and the concept of the adaptive cycle. I show that most existing nonproliferation strategies are aimed at stability rather than resilience and that the current nonproliferation system may be over-constrained by the cumulative evolution of strategies. According to the literature on systems resilience, this increases its vulnerability to collapse. I argue that the resilience of the nonproliferation system can be enhanced by increasing international participation in setting the nonproliferation agenda, developing general international response capabilities, focusing on non-coercive approaches to decreasing demand, and applying systems thinking more rigorously to nonproliferation.

  10. Convention on supplementary compensation for nuclear damage

    Chinese Nuclear Society, Beijing; U.S. Nuclear Energy Institute

    2000-01-01

    The Contracting parties recognize the importance of the measures provided in the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third party liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these conventions. The Contracting parties desire to establish a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage and encourage regional and global co-operation to promote a higher level of nuclear safety in accordance with the principle of international partnership and solidarity

  11. Liability for nuclear damage: financial and definitional limitations with particular reference to the EEC rules prohibiting subsidies and anti-competitive practices and agreements

    Sands, P.

    1992-01-01

    In March 1990 the Commission of the European Communities (EEC) held that a package of state aids (subsidies) to the United Kingdom nuclear industry were compatible with Article 92 of the EEC Treaty. The decision was significant because it held that the package of measures constituted ''state aids'' and that the nuclear industry was subject to Article 92 of the EEC Treaty; and it set some of the parameters to determine the conditions under which the Commission will authorise such state aids. The decision has implications for the emerging rules governing civil liability for damage caused by waste, including nuclear waste, currently being prepared by the EC Commission and the International Atomic Energy Agency Standing Committee on Nuclear Liability. (author)

  12. A study on the international cooperation in the nuclear liability system related to the supply of nuclear power plants to North Korea

    Ham, Chul Hoon.; Kim, Tae Myeong [The Catholic University, Seoul (Korea)

    2001-12-01

    System of nuclear damage compensation was prepares to protect the interested parties in the implementation of nuclearenterprise and conciliate the conflicts of interests of them. The Light-water Reactor (LWR) Project to supply two units of light-water reactors to North Korea faced difficulties concerning nuclear damage compensation system due to decline of the international reliability and aggravation of economic condition of North Korea. It is necessary to study the special nuclear damage compensation system of the LWR Project to promote the Project and peaceful uses of atomic energy in northeast Asia. The contents and scope of the study is composed as follows; 1. Background of the LWR Project . the pending issues of them and the necessary of the special nuclear damage compensation system 2. Investigation of nuclear damage compensation system of United States, Japan, German, France and Korea 3. Account of conventions on liability for nuclear damage, especially Vienna Convention and its Protocols 4. Searching for issues of the nuclear damage compensation system of the LWR Project and its resolution 5. Comprehensive arrangement on the main issues through the study. 4 tabs. (Author)

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

    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)

  14. The new definition of nuclear damage in the 1997 protocol to amend the 1963 vienna convention on civil liability for nuclear damage

    Soljan, V.

    2000-01-01

    This communication analyzes the content and the impact of the new definition of nuclear damage contented in the amendment protocol of the Vienna Convention relative to the civil liability in the 1963 Convention. Having in mind the experience of the Three Mile Island and Chernobyl accidents, it is demonstrated that the costs of preventive measures, damage to the environment and economic loss may constitute substantial portions of the total damage following a nuclear accident. Then, the new definition is studied in detail, on insisting on the notion of economic loss. A development is devoted to the question of damage to the environment. The preventive measures are studied and their conditions of the compensation receivability evoked with the criteria of reasonable measures. (N.C.)

  15. The nuclear non-proliferation regime: What it is and how it has evolved

    Priest, J.

    1999-01-01

    The nuclear non-proliferation regime commonly denotes the legal norms, voluntary undertakings and policies which the international community has developed to deal with the threat of nuclear weapons proliferation. The word 'regime' suggests a legally binding order. Some components of the non-proliferation regime are indeed legally binding. Others represent essentially political rather than legal commitments. This lecture describes the various independent but mutually reinforcing components of the non-proliferation regime. It thus touches on and highlights the particular importance of political incentives - or disincentives - to the acquisition of nuclear weapons; legal undertakings in which non-proliferation commitments are anchored; verification (specifically the IAEA Safeguards System); compliance and enforcement; export controls; physical protection measures; regional nuclear non-proliferation initiatives; and measures taken to curb proliferation in general and to strive for arms control and nuclear disarmament. The purpose of the lecture is to provide an over-arching, tour d'horizon for the more specific and detailed lectures which follow. (author)

  16. A Road map for Establishing the Physical Protection Regime of Nuclear Materials and Facilities

    Yoo, Ho-Sik; Kwak, Sung-Woo; Jang, Sung-Soon; Kim, Jae-Kwang; Kim, Jung-Soo; Yoon, Wan-Ki

    2007-01-01

    The importance of physical protection for nuclear materials and facilities that can be an objective for terrorists has never been more stressed. The responsibility for physical protection within a State does not rest entirely with that state because cross-border transactions related to nuclear materials increase as nuclear related industries expand. The international community has prepared measures to strengthen the regime of physical protection such as the IAEA's proposal of the 'Nuclear Security Plan for 2006-2009' and UN's resolution on 'the International Convention for the Suppression of Acts of Nuclear Terrorism'. In order to cope with this, Korea has also made efforts to establish the implementation system for physical protection in the field of nuclear industries since the law for Physical Protection of Nuclear Material and Facility and Radiological Emergency Preparedness (LPPREP) was promulgated in 2004. The detailed plans should be prepared to accomplish this. This study has been performed to derive the items for establishing the regime of physical protection. The items derived were classified as short, mid and long-term depending on their characteristics and environmental circumstances. The regime of national physical protection will be established if the studies on these items are carried out successfully and tangible results are obtained

  17. Staying ahead of the game [The world's nuclear regime is being tested like never before

    Heinonen, O.J.

    2007-01-01

    The nuclear non-proliferation regime today faces a number of challenges. Not all would agree that the system is 'in crisis', but we can confidently say that the regime is certainly being tested. It goes without saying that the reported nuclear test by DPRK in October 2006 has not made the situation easier. So we should begin to find innovative solutions to overcome vulnerabilities or the international nuclear safeguards regime will become obsolete. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) was ratified more than 30 years ago. Since then the world has undergone rapid social, political and economic changes, which have resulted in a changed non-proliferation landscape. Developments in the three pillars of the NPT -disarmament, technology transfer and verification- have not necessarily been even. The IAEA has a role to play, in particular, in the latter two pillars. Although one might argue that there has been slow progress with regards to disarmament, it is my belief that we should continue to improve nuclear verification methods and techniques to keep up with the changing non-proliferation landscape. If we fail to do so, we might not only impact international safeguards, but also the future prospects of peaceful nuclear applications. During the last two decades we have seen three major developments related to nuclear non-proliferation: the increased dissemination of nuclear technology and nuclear know-how, particularly in light of renewed interest in nuclear power; a renewed drive on the part of a few States to acquire technology suitable for nuclear weapons purpose; the emergence of clandestine procurement networks. Under the NPT regime, there is nothing illegal about any State having enrichment or reprocessing technology. However, we ought to ensure that nuclear material and infrastructure is not used for illicit and non-peaceful purposes. Better control of access to nuclear fuel cycle technology is being explored through initiatives such as

  18. Accountability and non-proliferation nuclear regime: a review of the mutual surveillance Brazilian-Argentine model for nuclear safeguards; Accountability e regime de nao proliferacao nuclear: uma avaliacao do modelo de vigilancia mutua brasileiro-argentina de salvaguardas nucleares

    Xavier, Roberto Salles

    2014-08-01

    The regimes of accountability, the organizations of global governance and institutional arrangements of global governance of nuclear non-proliferation and of Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards are the subject of research. The starting point is the importance of the institutional model of global governance for the effective control of non-proliferation of nuclear weapons. In this context, the research investigates how to structure the current arrangements of the international nuclear non-proliferation and what is the performance of model Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards in relation to accountability regimes of global governance. For that, was searched the current literature of three theoretical dimensions: accountability, global governance and global governance organizations. In relation to the research method was used the case study and the treatment technique of data the analysis of content. The results allowed: to establish an evaluation model based on accountability mechanisms; to assess how behaves the model Mutual Vigilance Brazilian-Argentine Nuclear Safeguards front of the proposed accountability regime; and to measure the degree to which regional arrangements that work with systems of global governance can strengthen these international systems. (author)

  19. IAEA Director General calls for rededication to nuclear non-proliferation regime

    2000-01-01

    Speaking at the opening session of the Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in New York on April 24, 2000, the Director General of the IAEA urged all nations to commit themselves unequivocally to the basic tenets of the non-proliferation regime

  20. Accountability and non-proliferation nuclear regime: a review of the mutual surveillance Brazilian-Argentine model for nuclear safeguards

    Xavier, Roberto Salles

    2014-01-01

    The regimes of accountability, the organizations of global governance and institutional arrangements of global governance of nuclear non-proliferation and of Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards are the subject of research. The starting point is the importance of the institutional model of global governance for the effective control of non-proliferation of nuclear weapons. In this context, the research investigates how to structure the current arrangements of the international nuclear non-proliferation and what is the performance of model Mutual Vigilance Brazilian-Argentine of Nuclear Safeguards in relation to accountability regimes of global governance. For that, was searched the current literature of three theoretical dimensions: accountability, global governance and global governance organizations. In relation to the research method was used the case study and the treatment technique of data the analysis of content. The results allowed: to establish an evaluation model based on accountability mechanisms; to assess how behaves the model Mutual Vigilance Brazilian-Argentine Nuclear Safeguards front of the proposed accountability regime; and to measure the degree to which regional arrangements that work with systems of global governance can strengthen these international systems. (author)

  1. Disaster policy and nuclear liability: insights from post-Chernobyl agriculture in the United Kingdom

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

    1989-01-01

    The recent events at Chernobyl have again brought the issues of nuclear safety to the forefront of the nuclear power debate. Fortunately, our experience with such incidents has been very limited, but it is important to learn as much as possible from such events so as to minimize the cost and effect of any other nuclear incidents, be they small or large. Much of the discussion about the possible effects of nuclear incidents has centered around the human cost in terms of health. While this is undoubtedly of paramount concern, the effect of the release of radiation from Chernobyl on the agricultural resource base in Europe can provide valuable insights on how to reduce the costs associated with the contamination of agricultural areas. This article outlines some of the lessons that can be learned using the livestock-raising industry in northern Wales as an example

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

    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. Disaster policy and nuclear liability: Insights from post-Chernobyl agriculture in the United Kingdom

    Kerr, William A.; Kwaczek, Adrienne S.; Mooney, Sian

    1989-09-01

    The recent events at Chernobyl have again brought the issues of nuclear safety to the forefront of the nuclear power debate. Fortunately, our experience with such incidents has been very limited, but it is important to learn as much as possible from such events so as to minimize the cost and effect of any other nuclear incidents, be they small or large. Much of the discussion about the possible effects of nuclear incidents has centered around the human cost in terms of health. While this is undoubtedly of paramount concern, the effect of the release of radiation from Chernobyl on the agricultural resource base in Europe can provide valuable insights on how to reduce the costs associated with the contamination of agricultural areas. This article outlines some of the lessons that can be learned using the livestock-raising industry in northern Wales as an example.

  4. Nuclear operations, liabilities, regulation and politics a joined-up system?

    Butler, G.G.

    2000-01-01

    Trying to convince a sceptical public of the safety of commercial nuclear power generation has been an increasing challenge to the industry and to successive governments alike. This paper examines the challenges which currently face the industry, not least of which is that of solving the long-term waste disposal problem. It goes on to look in some detail at the fundamentals of the nuclear industry in the UK today. (author)

  5. Putting the cart before the horse - the case against a new regime covering radioactive incidents during transport

    Miller, J.A.

    2004-01-01

    Since its inception in the 1960's, international nuclear liability law has served four core purposes: to protect the public through enhancing nuclear safety and preventing nuclear incidents, to compensate victims damage, to protect the viability of nuclear industry and in particular suppliers of nuclear safety equipment and technology, and harmonizing legislation in participating countries, thereby promoting the safer use of nuclear energy through common principles. Eight international nuclear liability regimes currently exist that reflect these core purposes. With the exception of the Maritime convention these treaties incorporate six well-accepted principles, which have also been incorporated into the domestic nuclear laws in many countries. These principles include: adjudicating all claims resulting from a covered nuclear incident in a single forum; channeling liability for claims to the nuclear installation operator; strict liability of the operator for nuclear damage; liability of the operator limited in time and in amount; mandatory insurance or other financial security for all operators corresponding to its liability; installation state is ultimately responsible for any shortfall and non discrimination against victims, based upon nationality, domicile or residence. These treaties however do not cover shipment of nuclear among and between nuclear power generating states located in North America, eastern Europe and Asia and consequently this field has to be improved. (N.C.)

  6. Boundary between the thermal and statistical polarization regimes in a nuclear spin ensemble

    Herzog, B. E.; Cadeddu, D.; Xue, F.; Peddibhotla, P.; Poggio, M.

    2014-01-01

    As the number of spins in an ensemble is reduced, the statistical fluctuations in its polarization eventually exceed the mean thermal polarization. This transition has now been surpassed in a number of recent nuclear magnetic resonance experiments, which achieve nanometer-scale detection volumes. Here, we measure nanometer-scale ensembles of nuclear spins in a KPF 6 sample using magnetic resonance force microscopy. In particular, we investigate the transition between regimes dominated by thermal and statistical nuclear polarization. The ratio between the two types of polarization provides a measure of the number of spins in the detected ensemble.

  7. Management of technical knowledge in strengthening the global nuclear safety regime

    Kang, C.-S.

    2006-01-01

    The management of technical knowledge is becoming one of the key issues and challenges in strengthening global nuclear safety. The success of the industry depends on how to optimize knowledge acquisition, transfer and deployment. In this presentation, joint conduct of large-scale R and D work, assurance of free flow of safety-related knowledge from developed to developing nations, and potential imposition of a trade agreement between nuclear exporting and importing nations are discussed. The introduction of a 'Global Nuclear Safety Treaty' could be an excellent mechanism for achieving effective knowledge management and eventually enforcing a global safety regime. (author)

  8. The legal regime governing the peaceful uses of nuclear energy. II. International Regulations. Pt.1. Regulations on peaceful uses

    1979-12-01

    The first volume on atomic energy law published by CNEN reproduced national laws and regulations in that field. This book constitutes part one of the second volume and deals with international nuclear conventions and cooperation as at 30 June 1978. It reproduces the instruments and conventions which set up the international nuclear agencies, recommendations in the field of radiation protection and nuclear safety, the nuclear third party liability conventions, the international instruments concerning technical and scientific cooperation and finally, the bilateral cooperation agreements between Italy and other nations and its agreements with international organizations (NEA) [fr

  9. Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella

    McRae, Ben

    2015-01-01

    There are 431 commercial nuclear power plants around the world. On 14 April 2015, 193 of these power plants were covered by a nuclear liability instrument (118 power plants by the Paris Convention and 75 by the Vienna Convention). With the entry into force of the Convention on Supplementary Compensation for Nuclear Damage (CSC)4 on 15 April 2015, the number of power plants covered by a nuclear liability instrument increased to 340. Thus, the entry into force of the CSC marked a major milestone towards the establishment of a global nuclear liability regime. This article discusses several events that have promoted progress towards a global nuclear liability regime and then addresses several questions that may arise as countries consider actions necessary to achieve such a regime. (author)

  10. The international legal regime governing the peaceful uses of nuclear energy

    Talaie, F.

    2004-01-01

    This paper studies the legal regime governing the peaceful uses of nuclear energy. It addresses the issue of the prevention of the use by states of the nuclear weapons (as the most destructive weapon of mass destruction) and their elimination as the main purpose for maintaining international peace and security.Then, the paper presents examples of peaceful applications of nuclear energy. It points out that the peaceful uses of nuclear materials and technology are not hampered by obligation of States not to divert these materials into nuclear weapons. In this context, the paper analyses the provisions of the main international and regional treaties related to the nuclear energy (especially the Treaty on Non-proliferation of Nuclear Weapons and the Regional Treaty of TLATELOLCO). It also examines the international mechanism for monitoring the peaceful uses of nuclear energy and in particular studies the role of the International Atomic Energy Agency in the prevention of the proliferation of nuclear weapons through the application of safeguards agreements and the additional protocol to these agreements. One special part of the paper is dedicated to Iran and the peaceful uses of nuclear energy. The paper concludes that the existing rules of international law do not prevent any State from using and applying nuclear energy and technology for peaceful uses. These rules only make such uses subject to a comprehensive verification mechanism through the International Atomic Energy Agency safeguards agreements and the additional protocol the these agreements

  11. Strengthening the nuclear non-proliferation regime: An international priority. Tokyo, 10 December 2002

    ElBaradei, M.

    2002-01-01

    The efforts to curb the spread of nuclear weapons has witnessed steady progress and a number of important milestones. Progress, however, is still required on this and many other fronts, including: the need to work energetically to ensure the universal adherence to safeguards agreements and additional protocols by all the non-nuclear-weapon States party to the NPT and other non-proliferation agreements; the need for reducing existing nuclear weapon arsenals and adopting concrete steps that move us further towards nuclear disarmament; the need to draw in those States that remain outside the NPT regime; and the need to develop alternative approaches to regional and international security that are functional and inclusive, and that do not incorporate nuclear deterrence as a feature

  12. A Study on the Improvement of Nuclear Forensics Legal Regime in Korea

    Lee, Jung Hyun; Baek, Ye Ji; Kim, Jae Kwang; Chang, Sun Young; Hwang, Yong Soo

    2016-01-01

    Nuclear forensics is a critical component of security of these materials and an effective investigatory tool in providing evidence for the prosecution of these malicious acts related to the illicit materials. Because nuclear forensic enhances a State's ability to assess and establish linkages between nuclear and radioactive materials, and those who have attempted to transport, possess, or use it without legitimate State control. However, nuclear forensics is not yet reflected in the domestic laws. Therefore, in this study, we examined related international laws and other important efforts. We compared legal regime improvement options between amending existing legislations and introducing new legislation. Then, based on the analysis, we suggested draft provisions of highest level national legislation on nuclear forensics. We reviewed the analysis of international laws and other important efforts on nuclear forensics to improve of domestic legislations on the nuclear forensics. Through the review of current international movement on the nuclear forensics, we concluded as follows; (a) The state government must be responsible for the nuclear forensics (b) Appropriate administrative regulations on nuclear forensics is required within the highest level legislation

  13. A Study on the Improvement of Nuclear Forensics Legal Regime in Korea

    Lee, Jung Hyun; Baek, Ye Ji; Kim, Jae Kwang; Chang, Sun Young; Hwang, Yong Soo [Korea Institute of Nuclear Nonproliferation and Control, Daejeon (Korea, Republic of)

    2016-05-15

    Nuclear forensics is a critical component of security of these materials and an effective investigatory tool in providing evidence for the prosecution of these malicious acts related to the illicit materials. Because nuclear forensic enhances a State's ability to assess and establish linkages between nuclear and radioactive materials, and those who have attempted to transport, possess, or use it without legitimate State control. However, nuclear forensics is not yet reflected in the domestic laws. Therefore, in this study, we examined related international laws and other important efforts. We compared legal regime improvement options between amending existing legislations and introducing new legislation. Then, based on the analysis, we suggested draft provisions of highest level national legislation on nuclear forensics. We reviewed the analysis of international laws and other important efforts on nuclear forensics to improve of domestic legislations on the nuclear forensics. Through the review of current international movement on the nuclear forensics, we concluded as follows; (a) The state government must be responsible for the nuclear forensics (b) Appropriate administrative regulations on nuclear forensics is required within the highest level legislation.

  14. Analysis of nuclear export control system and implementing international nonproliferation regime in China

    Kim, J. S.; Lee, J. S.; Ahn, J. S.; Kim, B. G.; Min, K. S.

    2000-01-01

    China's exporting behaviour of nuclear items had been disconnected from the international non-proliferation regime such as IAEA safeguards and export control related with peaceful use of nuclear energy since 1970s. Especially, China had been one of principle suppliers of nuclear facility and technologies to Pakistan and Iran which had developed nuclear weapon programs. On the other hand, according to the rapid growth of economic scale after China began to open to the world, an active program for nuclear power plant as an electricity source had established. This means that China have surfaced as a big market to Korean nuclear industries. Regarding this, the paper dealt with the nuclear export control matters, i.e. the history of nuclear export control system and analyzed on background of enforcement of U.S.-China Nuclear Cooperation Agreement that had been apolitical issue between U.S. and China. Prospects toward conforming its nuclear export policies, laws and regulations to international standards also analyzed in results

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

    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.

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

    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

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

    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)

  18. Argentina’s nuclear development and the non-proliferation regime

    Sandra Colombo; Cristian Guglielminotti; María Nevia Vera

    2017-01-01

    The development and transfer of nuclear technology have been put under strict control due to its possible military use, leading to the creation of international non-proliferation regimes. One of the latest proposals was the creation of multilateral banks of low enriched uranium (leu). The article states that, under the goal of non-proliferation, this initiative can contribute to accentuate the asymmetry in the distribution of world economic and political power, damaging the endogenous develop...

  19. Organizing irresponsibility? The (inter)national management of a nuclear accident damages as discursive regime

    Topcu, Sezin

    2014-01-01

    This article analyzes the historical process related to the international organization of responsibilities and the management of the damages in case of a nuclear disaster. The author shows that the political and legal settings on which the discourse of an 'international regime of civil responsibility' (that emerged in the 1960's) relies, have globally aimed at maintaining a 'historical and spectacular gap' between the damages the nuclear operators are taking responsibility for, and the real and extensive damages engendered by a major accident. She argues that the existence of such a 'gap' is inherent to the nuclear sector, that it is a form of government (both of economic affairs and of the public space) which was historically constructed, and that the existence of such a gap is crucial for the survival of the nuclear industry itself. Thus the notion of 'responsibility' in the nuclear sector appears to serve mainly as a discursive regime, as a means to organize not only responsibilities but also irresponsibilities, whatever the geographic scale (national or international) at which they should be managed

  20. Negative liability

    Dari-Mattiacci, G.

    2009-01-01

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

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

    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

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

    Zaldivar, E.

    1976-01-01

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

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

    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

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

    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)

  5. Japan's compensation system for nuclear damage - As related to the TEPCO Fukushima Daiichi nuclear accidents

    Nomura, Toyohiro; Matsuura, Shigekazu; Takahashi, Yasufumi; Takenaka, Chihiro; Hokugo, Taro; Kamada, Toshihiko; Kamai, Hiroyuki

    2012-01-01

    Following the TEPCO Fukushima Daiichi nuclear power plant accident, extraordinary efforts were undertaken in Japan to implement a compensation scheme for the proper and efficient indemnification of the affected victims. This publication provides English translations of key Japanese legislative and administrative texts and other implementing guidance, as well as several commentaries by Japanese experts in the field of third party nuclear liability. The OECD Nuclear Energy Agency (NEA) has prepared this publication in co-operation with the government of Japan to share Japan's recent experience in implementing its nuclear liability and compensation regime. The material presented in the publication should provide valuable insights for those wishing to better understand the regime applied to compensate the victims of the accident and for those working on potential improvements in national regimes and the international framework for third party nuclear liability

  6. Compensation for damages in case of a nuclear accident

    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)

  7. 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)

    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

  8. Argentina’s nuclear development and the non-proliferation regime

    Sandra Colombo

    2017-01-01

    Full Text Available The development and transfer of nuclear technology have been put under strict control due to its possible military use, leading to the creation of international non-proliferation regimes. One of the latest proposals was the creation of multilateral banks of low enriched uranium (leu. The article states that, under the goal of non-proliferation, this initiative can contribute to accentuate the asymmetry in the distribution of world economic and political power, damaging the endogenous development of this technology in emerging countries. Against this, the article investigates the existence of margins to maneuver in the international system from the case of study of Argentina, one of the few developing countries that have managed to export nuclear technology, and has declared the development of independent nuclear activity as a State policy

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

    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)

  10. Fukushima: liability and compensation

    Vasquez-Maignan, Ximena

    2012-01-01

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  11. Strengthening the Convention on the Physical Protection of Nuclear Materials and Nuclear Facilities Regime: A Path Forward

    Pitts-Kiefer, S.; Nalabandian, M.

    2017-01-01

    strengthening the international nuclear security architecture requires universalization and implementation of the CPP, including its reporting and review conference provisions. As a first step, states parties should agree to continue convening review conferences every five years indefinitely, without the need for a request from a majority of states parties on an ad hoc basis. In addition, for the review conference to be an effective tool for sustaining attention on nuclear security and ensuring continued nuclear security progress, states parties must carefully design the review conference process. This paper identifies key issues that states parties should consider when doing so, drawing lessons learned from review conference processes under other treaty regimes, and provides recommendations for the 2021 review conference, as well as for subsequent conferences. (author)

  12. The international regime for nuclear safety after Fukushima; Das internationale System nuklearer Sicherheit nach Fukushima

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

    2014-05-15

    The Chernobyl catastrophe in 1986 lead to a new foundation of the international regime for nuclear safety: the 1994 Convention on Nuclear Safety introduced for the first time obligations on adhering states to adopt certain principles to achieve a high level of safety. The Convention, however, does not contain detailed standards, nor does it install a 'hard' mechanism for control and enforcement. While the system has undoubtedly lead to improvements in nuclear safety worldwide, it was not able to detect and remedy the deficiencies in the Japanese system. Ideas voiced immediately after the Fukushima accident to take a further decisive step towards a more stringent international system seemed not to be met with enthusiasm. The general tendency is to use the existing instruments and mechanisms in a more effective manner. However, very recently (in April 2014) the member states of the Convention on Nuclear Safety decided to stage a diplomatic conference with the aim to amend the Convention and to insert safety objectives. Time will eventually show whether this is a first, but decisive step towards the idea of an international system of mandatory and enforceable nuclear safety standards. (orig.)

  13. The declaration regime: An efficient tool to improve control and protection of nuclear materials in France

    Pillette-Cousin, L.

    2001-01-01

    Full text: The French Government set up a national safeguards system under the authority of the Ministry for Industry to control nuclear materials within national boundaries and to ensure physical protection for nuclear materials, even for the small quantities held by users in industrial, medical and research areas. The main nuclear materials detained by small owners are depleted uranium and thorium. These materials are present in manufactured equipment (radiation shielding in industrial gammagraphy and radiotherapy, collimation devices and other accessories) which are used or unused, which may be damaged or left as scraps. The French protection and control system of nuclear materials is an original system based on detailed and comprehensive regulations, taking into account in a specific way the small users of nuclear materials. The decree no. 81-512 of 12 May 1981 establishes three different regimes: licensing, declaration and exemption, according to the nature and quantity of nuclear materials involved. Typically, the declaration regime applies to quantities of depleted uranium or thorium, greater than 1 kg and lower than 500 kg. The Order of 14 March 1984 sets the requirements related to the control and physical protection of nuclear materials in the frame of the declaration regime. A declaration must be established every year by the operator and sent to the IPSN, acting as technical support body of the national authority. This declaration provides the stock of all nuclear materials held by the operator and stock variations occurred during the previous year, including the identification of senders and receivers. Before fulfilling its annual declaration, the operator must carry out a physical inventory of all nuclear material, both used and unused. The declaration also describes the main features concerning facility layout related to surveillance and physical protection of materials. With respect to physical protection requirements, nuclear materials should be

  14. The strengthening of international regime of protection of the nuclear materials and other radioactive sources

    Shiganbayev, E.

    2001-01-01

    Full text: The widening of export streams satisfies the interest of any state, but at the same time the interests of individual countries and the whole international community requires the limitation of export of goods and technologies which are potentially dangerous. The decision of this problem, finding of the optimal balance between the devotion of the principles of free trade and the necessity of limiting the danger export is one of the main tasks of the national system of security of the Republic of Kazakhstan. Kazakhstan is a country with a policy of nonproliferation. This important element of the policy of the country, directed to maintenance and strengthening of the international security, becomes the priority trend in the foreign policy of Kazakhstan. The international community decides this problem under the Comprehensive Nuclear Test Ban Treaty (CTBT), Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and the Convention on the Prohibition of the Development Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on the Destruction, Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction. At present there are four international regimes in control with the aim of nonproliferation of the weapons of mass destruction (WMD): The group of the nuclear supplies which deals with the questions of delivery of special nuclear materials and technologies, and also nuclear materials and double function technologies; Australian group works in the sphere of control for materials and technologies of chemical and biological weapons; The regime of the control of rocket technologies functioning with the aim to prevent the proliferation of rockets as means of delivery of weapon of mass destruction; Wassenaar agreement, regime of export control for usual armament, goods and double function technologies. Kazakhstan does not have nuclear weapons and participants in the Agreement

  15. Methodology for Identification of the Coolant Thermalhydraulic Regimes in the Core of Nuclear Reactors

    Sharaevsky, L.G.; Sharaevskaya, E.I.; Domashev, E.D.; Arkhypov, A.P.; Kolochko, V.N.

    2002-01-01

    The paper deals with one of the acute for the nuclear energy problem of accident regimes of NPPs recognition diagnostics using noise signal diagnostics methodology. The methodology intends transformation of the random noise signals of the main technological parameters at the exit of a nuclear facility (neutron flow, dynamic pressure etc.) which contain the important information about the technical status of the equipment. The effective algorithms for identification of random processes wore developed. After proper transformation its were considered as multidimensional random vectors. Automatic classification of these vectors in the developed algorithms is realized on the basis of the probability function in particular Bayes classifier and decision functions. Till now there no mathematical models for thermalhydraulic regimes of fuel assemblies recognition on the acoustic and neutron noises parameters in the core of nuclear facilities. The two mathematical models for analysis of the random processes submitted to the automatic classification is proposed, i.e. statistical (using Bayes classifier of acoustic spectral density diagnosis signals) and geometrical (on the basis of formation in the featured space of dividing hyper-plane). The theoretical basis of the bubble boiling regimes in the fuel assemblies is formulated as identification of these regimes on the basis of random parameters of auto spectral density of acoustic noise (ASD) measured in the fuel assemblies (dynamic pressure in the upper plenum in the paper). The elaborated algorithms allow recognize realistic status of the fuel assemblies. For verification of the proposed mathematical models the analysis of experimental measurements was carried out. The research of the boiling onset and definition of the local values of the flow parameters in the seven-beam fuel assembly (length of 1.3 m, diameter of 6 mm) have shown the correct identification of the bubble boiling regimes. The experimental measurements on

  16. The study of the maintenance for a cryogenics pilot plant in nuclear regime

    Anghel, Vasile

    2002-01-01

    The Cryogenic Pilot Plant, CPP, has as goal the extraction of tritium from heavy water at the CANDU Reactors in Cernavoda. Its operation allows a continuos nuclear regime. CPP consists in several modules, each of them implying static and dynamical complex equipment in which fluids circulate at cryogenic temperatures. From these reasons it results that the CPP maintenance is essential. The relational structure regarding the integrated maintenance systems in the whole ICSI's activity is presented in the frame of management decision system and contains a procedural program of maintenance (PPM). PPM includes adoption strategy for maintenance activity in the conditions required by the Manuals worked out in compliance with QA of ICSI and specific regulations of operation in nuclear regime. An explanation based on a thorough analysis is given for the strategy of maintenance, the structure of modules and the use of informatics subsystems. The structure of PPM strategy has a flowchart implying: - Reorganization, Scientific background, and Operative Maintenance strategy (inside/outside strategy) as well as PPM stage realization and specifications for maintenance assurance (manuals, cards and subsystems). Also, provided in the maintenance strategy are the PPM preparatory and proper stage conceptions

  17. 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

    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

  18. On the optimal environmental liability limit for marine oil transport

    Di Jin; Kite-Powell, H.L.

    1999-01-01

    Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

  19. Liability and Insurance for Suborbital Flights

    Masson-Zwaan, T.

    2012-01-01

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

  20. The Non-Proliferation Treaty of Nuclear Weapons (NPT) and the insertion of the Brazilian State in its regime

    Silva, Marcos Valle Machado da

    2010-01-01

    The issue of nuclear weapons continues to appear as a focal point of International Relations. The efforts and concrete actions on disarmament, non-proliferation, and nuclear arms control are still issues that generate recurring tensions between States. However, in Brazil, there is little analysis of an academic nature about these issues and, with respect to current and prospective position of the Brazilian State in the Nuclear Weapons Non- Proliferation Regime, studies and analysis are even more scarce, or incipient. The present dissertation has as its object of study to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Regime arisen from NPT, and the Brazilian State insertion process in this Regime. Therefore our research work is structured in three areas: the first one is about the role of nuclear weapons in States security perception, the second is about NPT and its Regime, the third runs over the insertion of the Brazilian state in this regime. So, in summary, the research performed included the reasons that make a State to develop nuclear weapons, the NPT genesis and evolution of the perception of the meaning of that Treaty by the States, and the process and the degree of insertion of Brazil in the Nuclear Weapons Non- Proliferation Regime. The inquiry sought to place this object of study in the broader debate on Foreign Relations, based on the approaches of the discipline devoted to the question of managing the security of States, id est, the two approaches that constitute the mainstream of the discipline: the perspective theoretical liberal (and neoliberal variants) and realistic thinking (and neo-realist). Thus, we have used different theoretical lenses, which we think necessary for understanding the specific parts and causal connections between these parts of a complex issue. (author)

  1. Synergies across verification regimes: Nuclear safeguards and chemical weapons convention compliance

    Kadner, Steven P.; Turpen, Elizabeth

    2001-01-01

    In the implementation of all arms control agreements, accurate verification is essential. In setting a course for verifying compliance with a given treaty - whether the NPT or the CWC, one must make a technical comparison of existing information-gathering capabilities against the constraints in an agreement. Then it must be decided whether this level of verifiability is good enough. Generally, the policy standard of 'effective verification' includes the ability to detect significant violations, with high confidence, in sufficient time to respond effectively with policy adjustments or other responses, as needed. It is at this juncture where verification approaches have traditionally diverged. Nuclear safeguards requirements have taken one path while chemical verification methods have pursued another. However, recent technological advances have brought a number of changes affecting verification, and lately their pace has been accelerating. First, all verification regimes have more and better information as a result of new kinds of sensors, imagery, and other technologies. Second, the verification provisions in agreements have also advanced, to include on-site inspections, portal monitoring, data exchanges, and a variety of transparency, confidence-building, and other cooperative measures, Together these developments translate into a technological overlap of certain institutional verification measures such as the NPT's safeguards requirements and the IAEA and the CWC's verification visions and the OPCW. Hence, a priority of international treaty-implementing organizations is exploring the development of a synergistic and coordinated approach to WMD policy making that takes into account existing inter-linkages between nuclear, chemical, and biological weapons issues. Specific areas of coordination include harmonizing information systems and information exchanges and the shared application of scientific mechanisms, as well as collaboration on technological developments

  2. Analysis of possibilities for functional capacity for work rise of reactor fuel elements at nuclear engine regime

    Deryavko, I.I.; Perepelkin, I.G.; Pivovarov, O.S.; Storozhenko, A.N.; Tarasov, V.I.

    2000-01-01

    The principle results of carbide fuel rods testing during series of IVG.1 reactor starts up at regime simulating nuclear engine regime of nuclear moving power unit are given. Considerable degradation of initial fuel elements status increasing from start up to start up and which could resulted fail of separate technological channels is shown. Origin case of extreme degradation of fuel elements status are insufficient thermal strength of fuel elements operation in the field brittle state of sintered carbide material, Possible ways of artificial reinforce of fuel elements of low temperature sections, increasing its thermal strength up to required level

  3. 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

    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.)

  4. Act N0 68-1045 of 29 November 1968 amending Act N0 65-956 of 12 November 1965 on the third party liability of operators of nuclear ships

    1968-01-01

    This Act amends the 1965 Act, in particular by specifying that the maximum amount of liability of the operator of a foreign nuclear ship is that fixed by the legislation of the State concerned, unless otherwise agreed with that State, but may in no case be lower than that set out in the 1965 Act, namely 500 million French francs. (NEA) [fr

  5. 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

    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.)

  6. Sustaining a verification regime in a nuclear weapon-free world. VERTIC research report no. 4

    Moyland, S. van

    1999-01-01

    Sustaining high levels of commitment to and enthusiasm for the verification regime in a nuclear weapon-free world (NWFW) would be a considerable challenge, but the price of failure would be high. No verification system for a complete ban on a whole of weapon of mass destruction (WMD) has been in existence long enough to provide a precedent or the requisite experience. Nevertheless, lessons from the International Atomic Energy Agency's (IAEA) nuclear safeguards system are instructive. A potential problem over the long haul is the gradual erosion of the deterrent effect of verification that may result from the continual overlooking of minor instances of non-compliance. Flaws in the verification system must be identified and dealt with early lest they also corrode the system. To achieve this the verification organisation's inspectors and analytical staff will need sustained support, encouragement, resources and training. In drawing attention to weaknesses, they must be supported by management and at the political level. The leaking of sensitive information, either industrial or military, by staff of the verification regime is a potential problem. 'Managed access' techniques should be constantly examined and improved. The verification organisation and states parties will need to sustain close co-operation with the nuclear and related industries. Frequent review mechanisms must be established. States must invest time and effort to make them effective. Another potential problem is the withering of resources for sustained verification. Verification organisations tend to be pressured by states to cut or last least cap costs, even if the verification workload increases. The verification system must be effective as knowledge and experience allows. The organisation will need continuously to update its scientific methods and technology. This requires in-house resources plus external research and development (R and D). Universities, laboratories and industry need incentives to

  7. Legal problems concerning the export of nuclear power plants

    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

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

    2008-01-01

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

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

    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 ...

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

    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)

  11. The compatibility of the governance of nuclear power plant de commissioning and of the competitive regime en Europe

    Tchapga, F.

    2003-01-01

    Nuclear power plant decommissioning is a mandatory operation for which financial arrangements have been defined. Current European decommissioning reserve find management models were designed in a context of operator monopolies and public property regime. Because of electricity sector restructuring; businesses are no longer protected from market sanctions and stock market volatility (affecting firm's financial viability). These potential sanctions create uncertainty on the decommission in financing mechanism. Thus, the form of decommissioning funds management (internal or external) appears as the main compatibility determinant with the electricity competition regimes. In a market risks environment, external management solutions improve credibility of operator's decommissioning commitment. (authors)

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

    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)

  13. Regime change?

    Pilat, Joseph F.; Budlong-Sylvester, K.W.

    2004-01-01

    Following the 1998 nuclear tests in South Asia and later reinforced by revelations about North Korean and Iraqi nuclear activities, there has been growing concern about increasing proliferation dangers. At the same time, the prospects of radiological/nuclear terrorism are seen to be rising - since 9/11, concern over a proliferation/terrorism nexus has never been higher. In the face of this growing danger, there are urgent calls for stronger measures to strengthen the current international nuclear nonproliferation regime, including recommendations to place civilian processing of weapon-useable material under multinational control. As well, there are calls for entirely new tools, including military options. As proliferation and terrorism concerns grow, the regime is under pressure and there is a temptation to consider fundamental changes to the regime. In this context, this paper will address the following: Do we need to change the regime centered on the Treaty on the Nonproliferation of Nuclear Weapons (NPT) and the International Atomic Energy Agency (IAEA)? What improvements could ensure it will be the foundation for the proliferation resistance and physical protection needed if nuclear power grows? What will make it a viable centerpiece of future nonproliferation and counterterrorism approaches?

  14. Whither the legal control of nuclear energy?

    Riley, Peter

    1995-01-01

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs

  15. 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

    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.)

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

    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

  17. Decision on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy (This Decision was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and, in particular, Article 1(b) thereof; considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; considering that nuclear substances in transport or use outside a nuclear installation, within defined limits and under specifically prescribed conditions during transport, should, in view of the small extent of the risks involved, be excluded from the application of the Paris Convention; having regard to its Decision of 18 October 2007 on the Exclusion of Small Quantities of Nuclear Substances outside a Nuclear Installation from the Application of the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 as amended; considering that the 2005 Edition of the Regulations for the Safe Transport of Radioactive Material of the International Atomic Energy Agency referred to in the Annex to the above-mentioned Decision, has been replaced by revised editions, the most recent of which is the 2012 Edition, which is used as the basis for corresponding national and international regulations in this field; considering the need for a decision the annex of which is in line with the 2012 Edition of those Regulations; decides: 1. Nuclear substances which are consigned by an operator to a recipient for use shall be excluded from the application of the Paris Convention for the period during which they are outside a nuclear installation provided that the consignment, when leaving a nuclear installation, complies with the provisions set forth in the Annex to this Decision and with other relevant

  18. 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

    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

  19. 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

    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

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

    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)

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

    2008-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations; (Licensing and inspection, including nuclear safety; Emergency response); 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 (Ministry of Trade and Industry - KTM; Ministry of Social Affairs and Health; Ministry of the Interior; Ministry of the Environment; Ministry of Foreign Affairs); 2. Advisory bodies (Advisory Committee on Nuclear Energy; Advisory Committee on Nuclear Safety); 3. Public and semi-public agencies (Finnish Radiation and Nuclear Safety Authority - STUK; State Nuclear Waste Management Fund)

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

    2015-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment (Licensing; Registration and monitoring of nuclear materials and radioactive sources; High activity sources); 4. Nuclear facilities (Licensing and inspection, including nuclear safety; Emergency response); 5. Trade in nuclear materials and equipment; 6. Radiological protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (The President of the National Atomic Energy Agency - Prezes Panstwowej Agencji Atomistyki (President of the PAA); Minister of Health; Minister of the Environment); 2. Advisory bodies (Council for Nuclear Safety and Radiological Protection); 3. Public and semi-public bodies (Radioactive Waste Management Plant); 4. Research institutes (Central Laboratory for Radiological Protection; National Centre for Nuclear Research; Institute of Nuclear Physics; Institute of Nuclear Chemistry and Technology; Institute of Plasma Physics and Laser Microfusion)

  3. Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities - Czech Republic

    2008-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear items and spent fuel (Ionising radiation sources; Nuclear items; Spent fuel); 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency response; Decommissioning); 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. Institutional Framework: 1. Regulatory and supervisory authorities (State Office for Nuclear Safety - SUJB; Ministry of Industry and Trade; Ministry of the Interior; Ministry of the Environment); 2. Public and semi-public agencies (CEZ, a.s.; National Radiation Protection Institute - NRPI; Radioactive Waste Repository Authority - RAWRA; Diamo; Nuclear Physics Institute - NPI; National Institute for Nuclear, Chemical and Biological Protection; Nuclear Research Institute Rez, a.s. - NRI)

  4. A Study on Current Status of Detection Technology and Establishment of National Detection Regime against Nuclear/Radiological Terrorism

    Kwak, Sung Woo; Jang, Sung Soon; Lee, Joung Hoon; Yoo, Ho Sik

    2009-01-01

    Since 1990s, some events - detection of a dirty bomb in a Russian nation park in 1995, 9/11 terrorist attack to WTC in 2001, discovery of Al-Qaeda's experimentation to build a dirty bomb in 2003 etc - have showed that nuclear or radiological terrorism relating to radioactive materials (hereinafter 'radioactive materials' is referred to as 'nuclear material, nuclear spent fuel and radioactive source') is not incredible but serious and credible threat. Thus, to respond to the new threat, the international community has not only strengthened security and physical protection of radioactive materials but also established prevention of and response to illicit trafficking of radioactive materials. In this regard, our government has enacted or revised the national regulatory framework with a view to improving security of radioactive materials and joined the international convention or agreement to meet this international trend. For the purpose of prevention of nuclear/radiological terrorism, this paper reviews physical characteristics of nuclear material and existing detection instruments used for prevention of illicit trafficking. Finally, national detection regime against nuclear/radiological terrorism based on paths of the smuggled radioactive materials to terrorist's target building/area, national topography and road networks, and defence-in-depth concept is suggested in this paper. This study should contribute to protect people's health, safety and environment from nuclear/radiological terrorism

  5. Main features of the convention on supplementary compensation for nuclear damage - an over view

    Boulanenkov, V.

    2000-01-01

    The Chernobyl accident prompted widespread awareness of the need for improved protection of the public from the consequences of nuclear accidents. It was generally recognised that urgent efforts should be undertaken to strengthen the international nuclear liability regime based on two civil law conventions, namely the 1963 Vienna Convention on Civil Liability for Nuclear Damage and the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy. The work initiated by the Agency - it was assigned to the Standing Committee established in 1990 - followed a two-track approach: to improve the existing civil liability regime, including revision of the Vienna Convention for which the IAEA is depositary; and, to develop a comprehensive international liability regime. The issue of compensation additional to that available under the two basic conventions received full attention in the negotiations. In the latter context, this work resulted in the adoption by a diplomatic conference convened by the IAEA in September 1997 of a new instrument, i.e. the Convention on Supplementary Compensation for Nuclear Damage (the CSC). The CSC is a product of many years of multilateral negotiations and represents a balance of various legal, economic and political considerations. While not all concerns may have been fully met, it represents a significant improvement in the protection of the public from the consequences of nuclear accidents. (author)

  6. Safety, Security, and Stability: The Role of Nuclear Control Regimes in a Proliferated World

    Collins, James

    1995-01-01

    ... with developing and deploying nuclear weapons. The US, in the past, has refused to provide technical assistance to enhance the safety, security, and stability of proliferating countries' nuclear arsenals-we believe this policy...

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

    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 (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects); 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection (Bilateral safeguards agreements; International Atomic Energy Agency Safeguards Agreement; The South Pacific Nuclear Free Zone Treaty Act; The Comprehensive Nuclear Test-Ban Treaty Act; The Nuclear Non-Proliferation (Safeguards) Act); 9. Transport; 10. Nuclear third party liability; II) - Institutional Framework: 1. Regulatory and supervisory authorities (Minister for Health and Ageing; Minister for Foreign Affairs; Minister for the Environment, Heritage and the Arts; Minister for, Resources, Energy and Tourism); 2. Advisory bodies (Radiation Health and Safety Advisory Council; Advisory Committees); 3. Public and semi-public agencies (Australian Radiation Protection and Nuclear Safety Agency (ARPANSA); Australian Safeguards and Non-Proliferation Office; Australian Nuclear Science and Technology Organisation (ANSTO); Supervising Scientist)

  8. Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities. Japan

    2017-01-01

    The NEA has updated, in coordination with the Permanent Delegation of Japan to the OECD, the report on the Regulatory and Institutional Framework for Nuclear Activities in Japan. This country report provides comprehensive information on the regulatory and institutional framework governing nuclear activities in Japan. It provides 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. Content: I - General Regulatory Regime: Introduction; Mining regime; Radioactive substances and equipment; Nuclear installations (Reactor Regulation, Emergency response); Trade in nuclear materials and equipment; Radiological protection; Radioactive waste management; Nuclear safeguards and nuclear security; Transport; Nuclear third party liability. II - Institutional Framework: Regulatory and supervisory authorities (Cabinet Office, Nuclear Regulation Authority (NRA), Ministry of Economy, Trade and Industry (METI), The Agency for Natural Resources and Energy (ANRE), Ministry of Land, Infrastructure, Transport and Tourism (MLIT), Ministry of Education, Culture, Sports, Science and Technology (MEXT)); Advisory bodies (Atomic Energy Commission (AEC), Reactor Safety Examination Committee, Nuclear Fuel Safety Examination Committee, Radiation Council, Other advisory bodies); Public and semi-public agencies (Japan Atomic Energy Agency (JAEA), National Institutes for Quantum and Radiological Science and Technology (QST), Nuclear Damage Compensation and Decommissioning Facilitation Corporation (NDF), Nuclear Waste Management Organisation (NUMO))

  9. Results of secondary side water regime modification in Nuclear Power Plant Paks

    Oesz, J.; Salamon, T.; Nagy, O.; Tilky, P.

    2001-01-01

    In order to extend the lifetime of Paks NPP, and for a possible power increase it is more and more evident that steam generators may be the limit. For the wear-out of the SG, it is decisive that at the end of the planned lifetime (after 25-30 reactor years) the number of plugged tubes should be as far as possible from the heat capacity limit. The modification of the secondary side water regime was started in 1997. It has been completed in the summer of year 2000, each of the four units has been operating using the new water regime. The results of this modification were evaluated on the basis of data obtained from six reactor years. The new water regime - after the overhaul check of the SG tubes - significantly decrease the number of tubes to plugged in the future. (R.P.)

  10. The College Professor's Professional Liability

    Griggs, Walter S.; Rubin, Harvey W.

    1977-01-01

    The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

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

    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)

  12. Putting teeth in the nuclear non-proliferation and disarmament regime. 25 March 2006, Karlsruhe, Germany

    ElBaradei, M.

    2006-01-01

    The factors, contributing to the world's changes in respect to peace, security and non-proliferation of nuclear weapons are presented in the document. Five necessary and urgent measures are proposed in order to meet the current challenges: 1)tighten control for assess to nuclear fuel cycle technology; 2)accelerate global efforts tp protect nuclear material; 3)support effective nuclear verification; 4) reinvigorate disarmament efforts; 5) increase the effectiveness of the UN Security Council. The importance and necessity to place nuclear operations under multinational control is outlined

  13. The evolution of the role of the Philippine Nuclear Research Institute in the national nuclear and radiation safety regime

    Dela Rosa, A.M.

    2007-01-01

    The Philippine Nuclear Research Institute (PNRI), formerly the Philippine Atomic Energy Commission (PAEC) was created by law in 1958 with a dual mandate namely, to promote the peaceful applications of nuclear energy, and to regulate the safe utilization of nuclear energy. Through its almost 50 years of existence, the PNRI has assumed different roles and functions. As the premier national nuclear research institution the PNRI initiates R and D work in various applications, establishes nuclear and radiation facilities, and undertakes human resource development not only for its staff but also for the prospective users of nuclear energy. At the same time, the PNRI exercises regulatory control over radioactive materials in the country including the regulatory control over the construction of the first Philippine nuclear power plant in the late 1970's and early 1980's. Presently, the PNRI still exercises the dual mandate of promoting and regulating the peaceful and safe use of radioactive materials. In these evolving roles of the Institute, both management and the staff are committed to excellence in nuclear science and to nuclear safety. Initiatives are underway to create a separate nuclear regulatory body from the developmental agency to enable the country to conform with international safety standards and to prepare for the future re-introduction of nuclear power in the Philippine energy mix. A strong regulatory agency and an equally strong technical and scientific support organization are necessary for a successful and safe nuclear energy program. (author)

  14. The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

    Jacobsson, M.

    2000-01-01

    Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

  15. Assets, liabilities and risks

    R. Thomson

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

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

    2009-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 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; 11. Nuclear terrorism; II. Institutional Framework - The federal government: 1. Regulatory and supervisory authorities (Ministry of Energy; Ministry of Health; Ministry of Labour and Social Security; Ministry of the Environment and Natural Resources; Ministry of Communications and Transport); 2. Public and semi-public agencies: (National Nuclear Safety and Safeguards Commission; National Nuclear Research Institute)

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

    2013-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency response); 5. Trade in nuclear materials and equipment; 6. Safeguards for nuclear material; 7. Radiation protection; 8. Radioactive waste management; 9. Nuclear security; 10. Transport; 11. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Slovenian Nuclear Safety Administration - SNSA; Slovenian Radiation Protection Administration - SRPA); 2. Advisory bodies; 3. Public and semi-public agencies; 4. Technical support organisations - approved experts

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

    2011-01-01

    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 (The French nuclear power programme and its main players; French nuclear law); 2. Mining Regime; 3. Radioactive Substances and Nuclear Equipment (Regulatory diversity; Radioactive sources; Medical activities); 4. Trade in Nuclear Materials and Equipment (Basic nuclear installations - INB; Tax on basic nuclear installations, Additional taxes, Funding nuclear costs; Installations classified for environmental protection purposes (ICPE) using radioactive substances; Nuclear pressure equipment - ESPN; Defence-related nuclear installations and activities - IANID; Emergency plans); 5. Trade in Nuclear Materials and Equipment (General provisions; Patents); 6. Radiation protection (Protection of the public; Protection of workers; Radiation protection inspectors; Labour inspectors; Protection of individuals in a radiological emergency); 7. Radioactive Waste Management (General regulations; Radioactive waste regulations; Discharge of effluents); 8. Non-proliferation and physical protection (Materials not used for the nuclear deterrent; Materials used for the nuclear deterrent); 9. Transport (Licensing and notification regime: Transport of radioactive materials, Transport of nuclear materials, Transport of radioactive substances between member states of the European Union; Methods of transport: Land transport, Sea transport, Air transport, Transport by post); 10

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

    2015-01-01

    In Greece, there are no nuclear power plants and nuclear energy is not considered as an option in the foreseeable future. There is, however, one nuclear research reactor (in extended shutdown since 2014) and one sub-critical assembly. Radioactive waste originating from medicine, research and industry is classified as low level. Although there is no framework act dealing comprehensively with the different aspects of nuclear energy, there are various laws, decrees and regulations of a more specific nature governing several aspects of nuclear activities. This paper gives information on the general regulatory regime (mining regime, radioactive substances, nuclear fuel and equipment, nuclear installations (licensing and inspection, including nuclear safety, emergency response, trade in nuclear materials and equipment, radiation protection, radioactive waste management, nuclear security, transport, nuclear third party liability) and on the institutional framework with the regulatory and supervisory authorities (Greek Atomic Energy Commission (EEAE))

  20. Nuclear power in the United Arab Emirates: Legal framework and regulatory cooperation

    Vasquez-Maignan, X.

    2012-01-01

    As part of a decision to diversify its energy mix, the United Arab Emirates (UAE) has begun construction of its first nuclear power plant. In that context, it has also taken a number of important steps to integrate itself into the international regime for nuclear safety: adoption of the UAE's Federal Law No. 6 of 2009 on the peaceful uses of nuclear energy, establishment of the Federal Authority for Nuclear Regulation (FANR), establishment of the Emirates Nuclear Energy Corporation (ENEC), awarding of the first contract for nuclear power plants in the UAE, etc. The UAE nuclear liability regime is then presented, with details on the basic principles that form the foundation of the nuclear liability conventions, followed by the participation of the FANR in the Multinational Design Evaluation Programme (MDEP) in September 2012

  1. Sub-seabed burial of radioactive waste and liabilities

    Reyners, Patrick.

    1982-10-01

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

  2. Exposing government response action contractors to environmental tort liability

    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

  3. Participation of nuclear power plants in variable operation regimes under conditions of combined electric power and heat generation

    Rydzi, S.

    1988-01-01

    The incorporation of nuclear power units in the control of the output of an electric power system is affected by technical and economic factors as well as by the manner of heat take-off from the nuclear power unit for heating purposes. The effect was therefore studied of the technological solution of converting the heat output of WWER-440 units to operating parameters of turbines in nonrated regimes of operation. Some results of the study are graphically represented. An analysis was also made of limitations preventing WWER-440 units from supplying heat with regard to their incorporation in the electric power transmission system. The results show that using nuclear power units for district heating will in the future strictly determine the seasonal shut-down of nuclear units for fuel exchange and overhauls. This could interfere with the considered concept of the 1.5 year duty time of WWER-440 reactors. With regard to the economy of operation of the nuclear power system and reduced demands on weekend unloading it will be necessary to incorporate in the power system pumped-storage power plants with one-week pumped-storage systems. (Z.M.). 5 figs., 2 tabs., 6 refs

  4. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 1 of 3

    Beck Colleen M,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  5. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 2 of 3

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  6. The Off-Site Plowshare and Vela Uniform Programs: Assessing Potential Environmental Liabilities through an Examination of Proposed Nuclear Projects,High Explosive Experiments, and High Explosive Construction Activities Volume 3 of 3

    Beck Colleen M.,Edwards Susan R.,King Maureen L.

    2011-09-01

    This document presents the results of nearly six years (2002-2008) of historical research and field studies concerned with evaluating potential environmental liabilities associated with U.S. Atomic Energy Commission projects from the Plowshare and Vela Uniform Programs. The Plowshare Program's primary purpose was to develop peaceful uses for nuclear explosives. The Vela Uniform Program focused on improving the capability of detecting, monitoring and identifying underground nuclear detonations. As a result of the Project Chariot site restoration efforts in the early 1990s, there were concerns that there might be other project locations with potential environmental liabilities. The Desert Research Institute conducted archival research to identify projects, an analysis of project field activities, and completed field studies at locations where substantial fieldwork had been undertaken for the projects. Although the Plowshare and Vela Uniform nuclear projects are well known, the projects that are included in this research are relatively unknown. They are proposed nuclear projects that were not executed, proposed and executed high explosive experiments, and proposed and executed high explosive construction activities off the Nevada Test Site. The research identified 170 Plowshare and Vela Uniform off-site projects and many of these had little or no field activity associated with them. However, there were 27 projects that merited further investigation and field studies were conducted at 15 locations.

  7. 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

    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.)

  8. Use of open source information and commercial satellite imagery for nuclear nonproliferation regime compliance verification by a community of academics

    Solodov, Alexander

    The proliferation of nuclear weapons is a great threat to world peace and stability. The question of strengthening the nonproliferation regime has been open for a long period of time. In 1997 the International Atomic Energy Agency (IAEA) Board of Governors (BOG) adopted the Additional Safeguards Protocol. The purpose of the protocol is to enhance the IAEA's ability to detect undeclared production of fissile materials in member states. However, the IAEA does not always have sufficient human and financial resources to accomplish this task. Developed here is a concept for making use of human and technical resources available in academia that could be used to enhance the IAEA's mission. The objective of this research was to study the feasibility of an academic community using commercially or publicly available sources of information and products for the purpose of detecting covert facilities and activities intended for the unlawful acquisition of fissile materials or production of nuclear weapons. In this study, the availability and use of commercial satellite imagery systems, commercial computer codes for satellite imagery analysis, Comprehensive Test Ban Treaty (CTBT) verification International Monitoring System (IMS), publicly available information sources such as watchdog groups and press reports, and Customs Services information were explored. A system for integrating these data sources to form conclusions was also developed. The results proved that publicly and commercially available sources of information and data analysis can be a powerful tool in tracking violations in the international nuclear nonproliferation regime and a framework for implementing these tools in academic community was developed. As a result of this study a formation of an International Nonproliferation Monitoring Academic Community (INMAC) is proposed. This would be an independent organization consisting of academics (faculty, staff and students) from both nuclear weapon states (NWS) and

  9. Experimental investigation on single-phase pressure losses in nuclear debris beds: Identification of flow regimes and effective diameter

    Clavier, R., E-mail: remi.clavier@irsn.fr [Institut de Radioprotection et de Sûreté Nucléaire (IRSN) – PSN-RES/SEREX/LE2M, Cadarache bât. 327, 13115 St Paul-lez-Durance (France); Chikhi, N., E-mail: nourdine.chikhi@irsn.fr [Institut de Radioprotection et de Sûreté Nucléaire (IRSN) – PSN-RES/SEREX/LE2M, Cadarache bât. 327, 13115 St Paul-lez-Durance (France); Fichot, F. [Institut de Radioprotection et de Sûreté Nucléaire (IRSN) – PSN-RES/SAG/LEPC, Cadarache bât. 700, 13115 St Paul-lez-Durance (France); Quintard, M. [Université de Toulouse – INPT – UPS – Institut de Mécanique des Fluides de Toulouse (IMFT), Allée Camille Soula, F-31400 Toulouse (France); CNRS – IMFT, F-31400 Toulouse (France)

    2015-10-15

    Highlights: • Single-phase pressure drops versus flow rates in particle beds are measured. • Conditions are representative of the reflooding of a nuclear fuel debris bed. • Darcy, weak inertial, strong inertial and weak turbulent regimes are observed. • A Darcy–Forchheimer law is found to be a good approximation in this domain. • A predictive correlation is derived from new experimental data. - Abstract: During a severe nuclear power plant accident, the degradation of the reactor core can lead to the formation of debris beds. The main accident management procedure consists in injecting water inside the reactor vessel. Nevertheless, large uncertainties remain regarding the coolability of such debris beds. Motivated by the reduction of these uncertainties, experiments have been conducted on the CALIDE facility in order to investigate single-phase pressure losses in representative debris beds. In this paper, these results are presented and analyzed in order to identify a simple single-phase flow pressure loss correlation for debris-bed-like particle beds in reflooding conditions, which cover Darcean to Weakly Turbulent flow regimes. The first part of this work is dedicated to study macro-scale pressure losses generated by debris-bed-like particle beds, i.e., high sphericity (>80%) particle beds with relatively small size dispersion (from 1 mm to 10 mm). A Darcy–Forchheimer law, involving the sum of a linear term and a quadratic deviation, with respect to filtration velocity, has been found to be relevant to describe this behavior in Darcy, Strong Inertial and Weak Turbulent regimes. It has also been observed that, in a restricted domain (Re = 15 to Re = 30) between Darcy and Weak Inertial regimes, deviation is better described by a cubic term, which corresponds to the so-called Weak Inertial regime. The second part of this work aims at identifying expressions for coefficients of linear and quadratic terms in Darcy–Forchheimer law, in order to obtain a

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

    2011-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency response); 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 (Cabinet Office; Minister of Economy, Trade and Industry - METI; Minister of Land, Infrastructure and Transport - MLIT; Minister of Education, Culture, Sports, Science and Technology - MEXT); 2. Advisory bodies (Atomic Energy Commission - AEC; Nuclear Safety Commission - NSC; Radiation Council; Special Committee on Energy Policy; Other advisory bodies); 3. Public and Semi-Public Agencies (Japan Atomic Energy Agency - JAEA)

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

    2001-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining Regime; 3. Radioactive Substances, Nuclear Fuel and Equipment; 4. Nuclear Installations (Licensing and inspection, including nuclear safety; Emergency response); 5. Trade in Nuclear Materials and Equipment (Trade governed by nuclear energy legislation; Trade governed by radiation protection legislation; Trade governed by export/import control legislation); 6. Radiation Protection; 7. Radioactive Waste Management; 8. Non-Proliferation and Physical Protection; 9. Transport; 10. Nuclear Third Party Liability; II. Institutional Framework: 1. Regulatory and Supervisory Authorities: A. Ministerial Level (Ministry of Health and Social Affairs; Ministry of Trade and Industry; Ministry of Foreign Affairs; Other Ministries); B. Subsidiary Level: (The Norwegian Radiation Protection Authority - NRPA; The Norwegian Nuclear Emergency Organisation); 2. Public and Semi-Public Agencies - Institute for Energy Technology - IFE

  12. Report realized on behalf of the Commission of the Foreign Affairs on the law project, adopted by the Senate, authorizing the approbation of the agreement between the French Republic Government and the Russian Federation Government relative to the civil liability concerning the nuclear damages occurring from the providing of goods devoted to nuclear installations in Russian Federation and coming from the French Republic

    Andre, R.

    2003-01-01

    In the framework of the civil liability concerning the nuclear damages occurring from the providing of goods devoted to the russian installations, this document presents the international cooperation between the France and the russian institutes and administrations. The objective of this document is to supply a juridical framework concerning the goods realized in Russia by France. The cooperation field with Russia is wide. Nevertheless, it concerns in first part, the 190 nuclear submarine dismantling. (A.L.B.)

  13. Liability for damage to the global commons

    Leigh, K.

    1993-01-01

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

  14. Understanding legacy liabilities

    Ossi, G.J. [Venable, LLP (United States)

    2005-08-01

    Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

  15. 21st Century global regimes for safety of nuclear power plants

    Lipar, M.

    2005-01-01

    In this presentation author gives the IAEA activities in nuclear safety and services coordinated by the IAEA. Principles of operational safety as well as evolutionary and innovative NPP designs are presented.

  16. Dynamics of the nuclear one-body density: small amplitude regime

    Nemes, M.C.; Toledo Piza, A.F.R. de.

    1984-01-01

    A microscopic treatment for the small amplitude limite of the equations of motion for the nuclear one-body density is presented. These were derived previously by means of projection techniques, and allow for the explicit separation of mean-field and collision effects which result from the dynamics of many-body correlations. The form of the nuclear response in the presence of collision effects is derived. An illustrative application to a soluble model is discussed. (Author) [pt

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

    2009-01-01

    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. Fissionable materials, ores, radioactive materials and equipment (Fissionable materials and ores; Radioactive materials and equipment); 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 5. Trade in nuclear materials and equipment; 6. Radiation protection (Protection of workers; Protection of the public; Protection of individuals undergoing medical exposure); 7. Radioactive waste management; 8. Nuclear security; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Minister for Housing, Spatial Planning and the Environment; Minister for Economic Affairs; Minister for Social Affairs and Employment; Minister for Health, Welfare and Sports; Minister for Finance; Minister for Foreign Affairs); 2. Advisory body - Health Council of the Netherlands; 3. Public and semi-public agencies (Nuclear Research and Consultancy Group - NRG; Central Organisation for Radioactive Waste - COVRA)

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

    2010-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 5. Trading in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection (Safeguards and non-proliferation; Physical protection); 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Ministry of Industry, Tourism and Trade - MITYC; Ministry of the Interior - MIR; Ministry of Economy and the Exchequer - MEH; Ministry of the Environment and Rural and Marine Affairs - MARM); 2. Public and semi-public agencies (Nuclear Safety Council - CSN; Centre for Energy-related, Environmental and Technological Research - CIEMAT; National Energy Commission - CNE; 3. Public capital companies (Enusa Industrias Avanzadas, s.a. - ENUSA; Empresa Nacional de Residuos Radiactivos, s.a. - ENRESA)

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

    2011-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 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. Institutional Framework: 1. Regulatory and supervisory authorities (Ministry of Health; Minister of Science, Technology and Higher Education; Ministry of Economy and Innovation; Ministry of Environment and Territorial Planning; Other authorities); 2. Advisory bodies (Independent Commission for Radiological Protection and Nuclear Safety - CIPRSN; National Radiation Protection Commission - CNPCR; National Commission for Radiological Emergencies - CNER; Other advisory bodies); 3. Public and semi-public agencies

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

    2009-01-01

    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 (Licensing system; Offences, compliance and enforcement; Regulatory documents; Other relevant legislation); 2. Mining regime; 3. Nuclear substances and radiation devices; 4. Nuclear facilities; 5. Trade in nuclear materials and equipment (Exports, Other imports); 6. Radiation protection; 7. Radioactive waste management; 8. Non-proliferation and nuclear security; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Governor in council; Minister of natural resources; Other Ministerial authorities; Canadian Nuclear Safety Commission - CNSC); 2. Public and semi-public agencies (National Research Council - NRC; Natural Sciences and Engineering Research Council; Atomic Energy of Canada Ltd. - AECL)

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

    2008-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency response); 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 (Atomic Energy Co-ordination Council; Hungarian Atomic Energy Authority - HAEA; Minister for Health; Minister for Local Government and Regional Development and Minister for Justice and Law Enforcement; Minister for Agriculture and Rural Development; Minister for Economy and Transport; Minister of Environment Protection and Water Management; Minister for Defence; Minister for Education; President of the Hungarian Mining and Geological Authority; Governmental Co-ordination Committee); 2. Advisory bodies (Scientific Board); 3. Public and semi-public agencies (Institute for Electric Power Research - VEIKI; Atomic Energy Research Institute - AEKI; Institute of Isotopes; Department of Physical Chemistry of the University of Pannon; Hungarian Power Companies Ltd - MVM Zrt.)

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

    2015-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency response); 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; Minister for the Environment/Minister of Transport and Energy; Minister of Justice; Minister of Defence; National Board of Health; Emergency Management Agency); 2. Advisory bodies (The Danish Ministry of Energy, Supply and Climate and the Danish Energy Agency); 3. Public and semi-public agencies (Risoe National Laboratory)

  3. Using of new chemical regime on secondary circuit in nuclear power plant 'Kozloduy' - Bulgaria

    Minkova, K.; Stanchev, S.; Kalpakchiev, Z.

    2010-01-01

    There are two WWER-1000 - Russian design units (№5 and №6) working in the Bulgarian Nuclear Power Plant 'Kozloduy', which are equipped with horizontal steam generators. The report describes the chronology of the stages in the improvement of the water chemistry regime on the secondary circuit at both of the units 5 and 6 from their start up till now. As a final result of our purposeful activity is done a full exchange of copper alloys with stainless steel in regenerative LP heat exchangers and condensers in the secondary circuit equipment. That way we created preconditions for cardinal change and improvement of the water chemistry regime of the circuit. For that purpose is realized a program for optimization in maximal degree of the water chemistry regime of the secondary circuit of the WWER-1000 Units. The program includes the preliminary study, the stage of experimental operation and the stage of establishing the new regime into regular exploitation. The preliminary study included the definition of the coefficients of distribution of the ammonia in a real operation conditions in the secondary circuit and rating the expected results from the applying of different varieties of the secondary circuit water chemistry. It is taken into account the balance plans for distribution of the corrective reagents, the expected pH values at working temperature (pHt), the transport of products of corrosion to steam generators and the abilities of the installation for purification of the blow down water. As a final result a mixed ammonia-ethanolamine water chemistry regime has been chosen, characterized with pH 25 =9.9(9.85-9.95). The special feature of this regime is that, both the corrective reagents ethanolamine and ammonia are dosed in the feed up water as a mixed solution with permanent proportion of the concentrations. This water chemistry treatment combines the advantages of high ammonia AVT water chemistry related to specific constructive steels in low

  4. Assets, liabilities and risks

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  5. Management of UKAEA graphite liabilities

    Wise, M.

    2001-01-01

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

  6. Establishment of nuclear safety regulatory regime in Ukraine. Lessons of Chernobyl

    Smyshlyaev, A.

    1996-01-01

    The issue of safety of Ukraine's Nuclear Power Plants attracts a particular attention world-wide, and the reasons for that are clearly understood: the memories of the Chernobyl tragedy happened in 1986 will possess the minds of people of the world for years. The international community is aware that the political changes and transient economy crisis the former Soviet Union States are facing today, make the resolution of nuclear facilities safety problems less possible. Nevertheless, the understanding and perception of safety policy in Ukraine underwent drastic changes after the Chernobyl accident, and the policy pursued by the Ukraine's safety authority contributes to turning the changes into good practices

  7. Transport of nuclear material under the 1971 Brussels Convention

    Lagorce, M.

    1975-01-01

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

  8. Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities - Republic of Korea

    2009-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 5. Trade in nuclear materials and equipment; 6. Radiation protection) (Protection of workers; Protection of the public); 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Minister of Education, Science and Technology, including the Nuclear Energy Bureau; Minister of Knowledge Economy); 2. Advisory bodies (Atomic Energy Commission; Atomic Energy Safety Commission); 3. Public and semi-public agencies (Korean Atomic Energy Research Institute - KAERI; Korean Institute for Nuclear Safety - KINS; Korean Electric Power Company - KEPCO; Korean Hydro and Nuclear Power - KHNP)

  9. Environmental issues and the nuclear industry

    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)

  10. The crisis bears the chance. The nuclear conflict with Iran and the impact on the nuclear non-proliferation regime; In der Krise liegt die Chance. Der Atomkonflikt mit Iran und seine Auswirkungen auf das nukleare Nichtverbreitungsregime

    Meier, Oliver

    2014-10-15

    The contribution on the nuclear conflict with Iran and the impact on the nuclear non-proliferation regime covers the following topics: Iran and the verification of non-nuclear -weapon states, the system of nuclear safeguards, the application of new verification instruments, verification of possible military research and development activities, the limitation of proliferation relevant activities, delivery guarantees as mean for non-proliferation, Iran and the handling of contract violations, graded reactions, political issues, problems of harmonization, capacity and process deficiencies, before the ninth non-proliferation verification conference, approaches for strengthening the non-proliferation regime, recommendation to the German politics.

  11. Radiological risks and civil liability

    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)

  12. Radiological risks and civil liability

    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).

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

    2013-01-01

    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 (Licensing and Inspection, including Nuclear Safety; Emergency Response); 5. Trade in Nuclear Materials and Equipment; 6. Radiological Protection; 7. Radioactive Waste Management; 8. Non-proliferation and Physical Protection; 9. Transport; 10. Nuclear Third Party Liability; II. Institutional Framework: 1. Regulatory and Supervisory Authorities (Nuclear Regulatory Authority of the Slovak Republic - UJD; Ministry of Health; Ministry of the Environment; Ministry of the Interior; Ministry of Economy; Ministry of Labour and National Labour Inspectorate); 2. Public and Semi-Public Agencies

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

    2008-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations; 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 (Prime Minister; Ministry of Energy and Natural Resources; Ministry of Health; Ministry of the Environment and Forestry); 2. Public and semi-public agencies (Turkish Atomic Energy Authority - TAEK; General Directorate for Mineral Research and Exploration - MTA; ETI Mine Works General Management; Turkish Electric Generation and Transmission Corporation - TEAS; Turkish Electricity Distribution Corporation - TEDAS)

  15. Apportioning liability for transborder damages

    Krause-Ablass, W.-D.

    1988-01-01

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

  16. Economic consequences of the German environmental liability act: Capital market response for the chemical industry

    Bartsch, Elga

    1997-01-01

    The Environmental Liability Act (Umwelthaftungsgesetz) enacted January 1, 1991 is claimed to have substantially tightened the environmental liability regime in Germany. The economic consequences of the amendment of the German environmental liability legislation initiated by the Sandoz accident are investigated for a portfolio of firms in the chemical industry. By means of an event study it is determined whether the UmweltHG has led to a revision of expectations regarding the profitability of ...

  17. Nuclear industry and the management of accident risk in Europe: from the internalisation default to the coverage organization; Industrie nucleaire et gestion du risque d'accident en Europe: du defaut d'internalisation a l'organisation de la couverture

    Fiore, K.

    2007-12-15

    The production of nuclear energy creates environmental and sanitary risks among which the risk of nuclear accident. There is a twofold dimension in the management of such a risk: a preventive dimension and a compensatory one. Given its catastrophic and unpredictable character, the nuclear risk has always been managed in a specific way. In Europe, its management is unsatisfactory. The civil liability regime is beneficial to the nuclear industry as it leads to a lack of internalisation and thus to a limited coverage of potential damages. The financial cap of the nuclear operator's civil liability reduces his incentives for the prevention of accidents. By narrowing its liability, it also limits the burden tied to the coverage of the full potential damages. The organisation of the nuclear risk coverage was heavily conditioned by the civil liability regime and the financial cap it creates. Such an organisation is inefficient. The nuclear insurance market's financial capacity is not enough to compensate for all the potential victims of a major nuclear accident. Moreover, the functioning of this market is quite costly for the nuclear operator. While new electronuclear projects are being launched in Europe, the management of nuclear risks must be questioned in order to find better solutions to the necessity of internalising, preventing and compensating. Nuclear operators should be responsible for all the damages caused through an unlimited liability rule. The coverage of potential damages could also be improved by setting up a risk-sharing agreement at the European scale between operators. (author)

  18. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

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

    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

  20. Nuclear Law Bulletin No. 93, Volume 2014/1

    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'

  1. Nuclear Law Bulletin No. 94, Volume 2014/2

    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)

  2. Study on regimes of nuclear power plants with WWER-type reactors

    Akkerman, G.; Khampel', R.; Khentshel', G.; Kertsher, F.; Lyuttsov, K.

    1976-01-01

    The problems are considered of optimization of nuclear fuel loading, the peculiarities of the NPP operation at decreased power, and also the problem of stability operation of NPP with WWER type reactors taking into account specific features of these reactors (partial fuel overloads, change in reactor reactivity with power changes). The two particular interconnected problems discussed are: choice of such a sequence of partial rechargings which ensures the minimum cost of the electric power generated, and increasing the reactor operating time by reducing its power output. Besides the technical and economic estimates, much attention is given to analysing the stability of NPP operation

  3. The regime for nuclear materials and the competence of the Communities to conclude international agreements

    Puissochet, J.-P.

    1978-01-01

    This is a commentary of a Decision handed down on 14 November 1978 by the Court of Justice of the European Communities. The Court was invited to decide whether it was necessary for the European Atomic Energy Community (Euratom) to take part in the negociations on the Convention on the Physical Protection of Nuclear Materials, Installations and Transport. In its Decision, the Court considered that the negotiations covered certain aspects within the sole competence of Euratom (in particular concerning supply). Euratom should therefore participate in the Convention on this basis. The author analyses the relevant provisions of the Euratom Treaty and expresses reservations on certain conclusions reached by the Court. (NEA) [fr

  4. H.R. 3653: a Bill to amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend and improve procedures for liability and indemnification for nuclear incidents. Introduced in the House of Representatives, Ninety-Ninth Congress, First Session, October 30, 1985

    Anon.

    1985-01-01

    The Price-Anderson Amendments Act of 1985 extends the coverage from August 1, 1987 to August 1, 1997 and improves liability and indemnification procedures. It establishes premium amounts and limits annual levels to $10 million. The aggregate liability for a single nuclear incident is set at $500 million plus the cost of nuclear insurance required for the licensee as a function of the rated electrical capacity. A commission to administer compensation will function following an incident and until dissolved by the president. The bill also provides for the consolidation of claims from a single incident

  5. Congenital Disabilities (Civil Liability) Act 1976 of 22 July 1976

    1976-01-01

    The Nuclear Installations Act 1965 has been amended to enable children born disabled in consequence of a breach of duty under the 1965 Act to claim compensation. Although the latter Act is therefore amended, it is provided that the general rules now laid down do not, in themselves, affect operation of the special liability regime provided by the 1965 Act. An injury, for the purposes of the 1965 Act, means that the persons concerned will be able to recover compensation for that injury under that Act from the operator of the nuclear installation concerned, if they can establish that they have been affected in this way and that the cause was a nuclear occurrence or an emission of ionizing radiation for which the operator is liable under the 1965 Act. A woman involved in such an occurrence while she is pregnant with the result that her child is born disabled will be regarded as having been injured, even if she herself has suffered no physical or mental injury. Compensation may be reduced by reason of the fault of the claimant only to the extent that the cause of the injury is attributable to an act of the claimant committed with intent to cause harm or wantonly. (N.E.A.) [fr

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

    2009-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations; 5. Trade in nuclear materials and equipment; 6. Radiation protection (Radiation protection standards; Emergency response); 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Minister for the Environment, Heritage and Local Government; Minister for Agriculture and Food; Minister for Communications, Marine and Natural Resources; Minister for Finance; Minister for Health and Children; Minister for Defence); 2. Public and semi-public agencies (Radiological Protection Institute of Ireland; Food Safety Authority of Ireland)

  7. Objective and Essential Elements of a State's Nuclear Security Regime. Nuclear Security Fundamentals (Spanish Edition); Objetivo y elementos esenciales del régimen de seguridad física nuclear de un Estado. Nociones fundamentales de seguridad física nuclear

    NONE

    2014-10-15

    The possibility that nuclear material or other radioactive material could be used for criminal purposes or intentionally used in an unauthorized manner cannot be ruled out in the current global situation. States have responded to this risk by engaging in a collective commitment to strengthen the protection and control of such material and to respond effectively to nuclear security events. States have agreed to strengthen existing instruments and have established new international legal instruments to enhance nuclear security worldwide. Nuclear security is fundamental in the management of nuclear technologies and in applications where nuclear material or other radioactive material is used or transported. Through its nuclear security programme, the IAEA supports States to establish, maintain and sustain an effective nuclear security regime. The IAEA has adopted a comprehensive approach to nuclear security. This recognizes that an effective national nuclear security regime builds on: the implementation of relevant international legal instruments; information protection; physical protection; material accounting and control; detection of and response to trafficking in such material; national response plans; and contingency measures. With its Nuclear Security Series, the IAEA aims to assist States in implementing and sustaining such a regime in a coherent and integrated manner. The IAEA Nuclear Security Series comprises: Nuclear Security Fundamentals, which include the objeurity Fundamentals, which include the objective and essential elements of a State's nuclear security regime; Recommendations; Implementing Guides; and Technical Guidance. Each State carries the full responsibility for nuclear security. Specifically, each State has the responsibility to provide for the security of nuclear material and other radioactive material and their associated facilities and activities; to ensure the security of such material in use, storage, or in transport; to combat illicit

  8. Limitation of Auditors' Liability

    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....

  9. 75 FR 76946 - Demurrage Liability

    2010-12-10

    ... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

  10. A two-phase flow regime map for a MAPLE-type nuclear research reactor fuel channel: Effect of hexagonal finned bundle

    Harvel, G.D.; Chang, J.S.

    1997-01-01

    A two-phase flow regime map is developed experimentally and theoretically for a vertical hexagonal flow channel with and without a 36-finned rod hexagonal bundle. This type of flow channel is of interest to MAPLE-type nuclear research reactors. The flow regime maps are determined by visual observations and observation of waveforms shown by a capacitance-type void fraction meter. The experimental results show that the inclusion of the finned hexagonal bundle shifts the flow regime transition boundaries toward higher water flow rates. Existing flow regime maps based on pipe flow require slight modifications when applied to the hexagonal flow channel with and without a MAPLE-type finned hexagonal bundle. The proposed theoretical model agrees well with experimental results

  11. Act No 1860 of 31 December 1962 of the President of the Republic on the peaceful uses of nuclear energy as amended at 10 May 1975

    1975-01-01

    This English and French translation of Act No 1860 on the Peaceful Uses of Nuclear Energy incorporates and indicates the successive amendments made since the Act was published in 1962. Act No 1860 is a Basic Act covering all nuclear activities in Italy (regime for ores and nuclear materials, construction and operation of nuclear installations, third party liability, patents, penal provisions...). Given its general character it has been the subject of numerous implementing regulations. The most important, and most recent amendment, is emboided in a Decree of the President of the Republic dated 10th May 1975 which covers the provisions of the third party liability of operators of nuclear installations; its purpose is to embody in Italian domestic law the principles of the Paris Convention and Brussels Supplementary Convention on nuclear third party liability whose ratification was approved by Parliament in 1974 [fr

  12. International Commission on Nuclear Non-Proliferation and Disarmament - A possible international regime to cover radiological materials

    Hautecouverture, Benjamin

    2009-10-01

    Even if a 'dirty bomb' has never been used to date, the perception of the existence of a threat is shared by many. Four main types of radiological and nuclear terrorist attacks can be outlined: - acquisition and use of a nuclear weapon, - attacks and acts of sabotage against a nuclear reactor or another nuclear facility, - acquisition of fissile material for the elaboration of an Improvised Nuclear Device, - terrorist use of radiological materials for the elaboration of a Radiological Dispersal Device (RDD). This paper seeks to evaluate the probability for a terrorist group to acquire and make use of radiological materials in the objective of detonating a RDD, and the current international framework put into place to address such a threat. Is an international regime to cover radiological materials already in place? How comprehensive / integrated is it? Does a new and/or separate system need to be set up? Before 9/11, two events in particular served to illustrate the threat of a radiological or nuclear terrorist attack: Moscow in 1996, Argun in 1998. Since the 9/11 attacks, a few other radiological events have occurred, which could suggest that the threat is becoming more pressing. It must be noted that the use of a dirty bomb by a terrorist group would most probably be aimed at the contamination of a given geographical area, rather than mass destruction and killing. Indeed, the lethal impact of such weapons remains limited. For this reason, dirty bombs are considered by analysts as weapons of mass disruption rather than weapons of mass destruction. Impacts would be more important in the psychological or economic realms: - targeting highly populated environments, such as cities, would most probably not result in a high death toll; - compared with impacts on health, psychological impacts of such an attack would be much more serious, both within and outside the targeted population; - economic damage is probably the greatest threat posed by such attacks, particularly

  13. Vienna Convention and Its Revision and convention on Supplementary Compensation for Nuclear Damage on September 12, 1997

    Soljan, V.

    1998-01-01

    After Chernobyl, the perception of common interest in modernization of the international regime that regulate various aspects of nuclear energy, has been evident among states with nuclear power plants as well as those likely to be involved in or affected by a nuclear incident. The adoption of the protocol Amending the Vienna Convention on Civil liability for Nuclear Damage, 1963 and the Convention on Supplementary Compensation for nuclear damage in September 1997, represents important part of the entire result that has been achieved from the 1986. This article gives a brief survey on the background of the process of modernization of the international regime of liability for nuclear damage and examines solutions contained in the provisions of the conventions. (author)

  14. Standards and producers' liability

    Kretschmer, F.

    1979-01-01

    The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

  15. Managing 'tail liability'.

    Frese, Richard C; Weber, Ryan J

    2013-11-01

    To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

  16. Catastrophic events leading to de facto limits on liability

    Solomon, K.A.; Okrent, D.

    1977-05-01

    This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

  17. Intellectual property liability of consumers, facilitators, and intermediaries

    Heath, C.; Kamperman Sanders, A.W.J.

    2012-01-01

    With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting

  18. Rules common to nuclear incidents occurring in installations or during transport of nuclear substances

    Lagorce, M.

    1976-01-01

    As concerns the peaceful applications of nuclear power, the traditional third party liability regulations were found to be inadequate to cover the specific aspects of the nuclear risk, and this was likely to hinder the progress of this new activity. This was why the countries involved opted for the elaboration of a special liability regime by adopting the Paris Convention of 29th July 1960, the Convention Supplementary to the Paris Convention of the 31st January 1963 and the Vienna Convention of 21st May 1963. The Paris and Vienna Conventions set up a regime characterized by the nuclear operator's absolute and exclusive liability, the limitation of such liability in amount and in time the uniquity of jurisdictional competence, the obligation to provide financial security for compensation of damage. The purpose of the Brussels Supplementary Convention is to increase the amount of compensation for damage by additional funds supplied partly by the State involved and partly by a collective contribution from the various countries Parties to the Convention, thus setting up a mechanism of international solidarity. (NEA) [fr

  19. Act No. 160 of 17 March 1979 containing regulations approving the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy and its Additional Protocol of 28 January 1964 as well as the Brussels Convention of 31 January 1963 supplementary to the Paris Convention and its Additional Protocol of 28 January 1964

    1979-01-01

    By this Act the Netherlands approved the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy, as well as the Brussels Convention of 1963 Supplementary to that Convention. This Act came into force on 28 December 1979 thus bringing into force on that date the Paris Convention and the Brussels Supplementary Convention in the Netherlands. (NEA) [fr

  20. Contribution to the determination of nuclear friction by studying the de-excitation of nuclei in the transient regime

    Hassani, S.

    1985-01-01

    An old idea of Kramers is to consider nuclear fission as a diffusion process in phase space corresponding to the collective variable of fission. The fission width is taken as an escape rate of the system over the barrier potential. The evolution of the distribution of this collective variable and its conjugate is governed by a Fokker-Planck equation. In a quasistationary treatment Kramers obtained a fission rate which differs from the result given by the transition state method by a friction dependent factor. The non quasistationary solution of the Fokker-Planck equation allows to obtain an escape rate that presents a transient regime: from zero it grows and reaches asymptotically the Kramers' value. This time-dependent fission width is included in a formalism that describes the deexcitation of the compound nucleus in order to calculate the neutron multiplicities in competition with fission. A sensitive friction-dependence of the multiplicities is obtained. Using this formalism and comparing the results with data of a recent experiment gives a good agreement; resolving the disagreement between data and the usual statistical model at high energy. A range of values of the friction coefficient is deduced [fr

  1. International responsibility of using nuclear energy for peaceful purposes

    Ouenat, N.

    2008-01-01

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

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

    Johnston, Donald; )

    2004-01-01

    The governments of Germany, Belgium, Denmark, Spain, Finland, France, Greece, Italy, Norway, Netherlands, Portugal, United Kingdom, Slovenia, Sweden, Switzerland and Turkey; considering that it is desirable to amend the Convention on Third Party Liability in the Field of Nuclear Energy, concluded at Paris on 29 July 1960 within the framework of the Organisation for European Economic Co-operation, now the Organisation for Economic Co-operation and Development, as amended by the Additional Protocol signed at Paris on 28 January 1964 and by the Protocol signed at Paris on 16 November 1982; have agreed that the Convention shall be amended again. This document presents the modifications given to the text in 6 different languages

  3. Decision and Recommendation Concerning the Application of the Paris Convention on Third Party Liability in the Field of Nuclear Energy to Nuclear Installations for the Disposal of Certain Types of Low-level Radioactive Waste (This Decision and Recommendation was adopted at the 133. Session of the Steering Committee for Nuclear Energy held on 3-4 November 2016.)

    2017-01-01

    The steering committee, having regard to the Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January 1964, by the Protocol of 16 November 1982 and by the Protocol of 12 February 2004, and in particular Article 1(b) thereof; Considering that, by virtue of that Article, the Steering Committee may, if in its view the small extent of the risks involved so warrants, exclude any nuclear installation, nuclear fuel or nuclear substances from the application of the Paris Convention; having regard to Article 8(b) and Article 10(b) of the Statute of the OECD Nuclear Energy Agency; considering that nuclear installations for the disposal of low-level radioactive waste are covered by the provisions of the Paris Convention; considering that it should be made possible for Contracting Parties to cease the application of the Paris Convention to a nuclear installation for the disposal of certain types of low-level radioactive waste where the risks involved are so limited; noting the attached Explanatory Note; decides that any Contracting Party may cease to apply the Paris Convention to a nuclear installation for the disposal of low-level radioactive waste, provided that the provisions set out in the Appendix to this Decision and Recommendation and any additional conditions which the Contracting Party may judge appropriate to establish are met; recommends that the Contracting Parties which make use of this option notify the other Contracting Parties, as well as the Nuclear Energy Agency; and recommends that the Nuclear Energy Agency, as appropriate, analyses periodically the experience gained by the Contracting Parties which use this option and reports back to all the Contracting Parties. (authors)

  4. Civil liability - aspects of the law n0 6.453 of 1977

    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

  5. A study on strengthening measures of non-proliferation regime through the export control system of sensitive materials, equipment and technology related to nuclear activities

    Kikuchi, Masahiro; Kurosawa, Mitsuru; Komizo, Yasuyoshi

    2004-01-01

    The strengthened safeguards caused from safeguards experiences to Iraq and DPRK leads to the expansion of the IAEA's activities for verification of all nuclear activities as well as verification of nuclear material in the States. The purpose of the activities, of course, includes detection of undeclared exports and imports of specified equipment and non-nuclear material. The Additional Protocol to the agreements between States and the IAEA for the application of safeguards requires to the States to declare the exports and imports information regarding specified equipment and non-nuclear material corresponding to the export control list that is established by the nuclear suppliers group. The Additional Protocol also insists the IAEA's right to access to the location identified by the State to resolve a question related to the declarations. Recently, the IAEA detected the black market group of the sensitive materials, equipment and technologies relevant to the nuclear proliferation through the safeguards activities to Iran and Libya. International community stated deeply concerns to the indecent facts. This paper would discuss and propose the supplemental strengthening measures of non-proliferation regime by effective combination of the safeguards activities under additional protocol and the export control regime. (author)

  6. Information Processing and Limited Liability

    Bartosz Mackowiak; Mirko Wiederholt

    2012-01-01

    Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

  7. Nuclear topics

    Lukner, C.

    1982-07-01

    The pamphlet touches on all aspects of nuclear energy, from the world energy demands and consumption, the energy program of the Federal Government, nuclear power plants in the world, nuclear fusion, nuclear liability up to the nuclear fuel cycle and the shutdown of nuclear power plants. (HSCH) [de

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

    2010-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment (Nuclear fuels; Radioactive substances and equipment generating ionising radiation); 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 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; 11. Environmental protection; II. Institutional Framework: 1. Regulatory and supervisory authorities (Federal Council; Federal Assembly; Federal Department of the Environment, Transport, Energy and Communications - DETEC; Federal Office of Energy - SFOE; Swiss Federal Nuclear Safety Inspectorate - IFSN; Federal Department of Home Affairs - FDHA; Federal Office of Public Health - FOPH; State Secretariat for Education and Research - SER; Other authorities); 2. Advisory bodies (Swiss Federal Nuclear Safety Commission - KNS; Federal Commission for Radiological Protection and Monitoring of the Radioactivity in the Environment; Federal Emergency Organisation on Radioactivity); 3. Public and semi-public agencies (Paul-Scherrer Institute - PSI; Fund for the decommissioning of nuclear installations and for the waste disposal; National Co-operative for the

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

    2010-01-01

    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. Nuclear facilities (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response; Decommissioning); 4. Trade in nuclear materials and equipment; 5. Radiological protection; 6. Radioactive waste management; 7. Non-proliferation of nuclear weapons and physical protection of nuclear material (International aspects; National control and security measures); 8. Transport; 9. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Federal Agency for Nuclear Control - FANC; Federal Public Service for Home Affairs; Federal Public Service for Economy, SME's, Self-Employed and Energy; Federal Public Service for Employment, Labour and Social Dialogue; Federal Public Service for Defence; Federal Public Service for Foreign Affairs, Foreign Trade and Development Co-operation; Federal Public Planning Service for Science Policy); 2. Advisory bodies (Scientific Council for Ionizing Radiation of the Federal Agency for Nuclear Control; Superior Health Council; Superior Council for Safety, Hygiene and Enhancement of Workplaces; Advisory Committee for the Non-Proliferation of Nuclear Weapons; Commission for Electricity and Gas Regulation - CREG)

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

    2010-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 5. Trade in nuclear materials and equipment (General provisions; Patents); 6. Radiation Protection (Protection of workers; Protection of the public; Protection of the environment); 7. Radioactive Waste Management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear Third Party Liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Interdepartmental Committee for Economic Planning; Nuclear Safety Agency; Prime Minister; Minister for Economic Development; Minister for Labour and Social Security; Minister for Health; Minister for the Environment; Minister for the Interior; Minister for Transport and Navigation; Minister for Foreign Trade (now incorporated in Ministry for Economic Development); Minister for Education; Treasury Minister; Minister for Universities and for Scientific and Technical Research; Minister for Foreign Affairs; State Advocate General); 2. Advisory bodies (Inter-ministerial Council for Consultation and Co-ordination; Coordinating Committee for Radiation Protection of Workers and the Public; Regional and Provincial Commissions for Public Health Protection

  11. Nuclear industry and the management of accident risk in Europe: from the internalisation default to the coverage organization

    Fiore, K.

    2007-12-01

    The production of nuclear energy creates environmental and sanitary risks among which the risk of nuclear accident. There is a twofold dimension in the management of such a risk: a preventive dimension and a compensatory one. Given its catastrophic and unpredictable character, the nuclear risk has always been managed in a specific way. In Europe, its management is unsatisfactory. The civil liability regime is beneficial to the nuclear industry as it leads to a lack of internalisation and thus to a limited coverage of potential damages. The financial cap of the nuclear operator's civil liability reduces his incentives for the prevention of accidents. By narrowing its liability, it also limits the burden tied to the coverage of the full potential damages. The organisation of the nuclear risk coverage was heavily conditioned by the civil liability regime and the financial cap it creates. Such an organisation is inefficient. The nuclear insurance market's financial capacity is not enough to compensate for all the potential victims of a major nuclear accident. Moreover, the functioning of this market is quite costly for the nuclear operator. While new electronuclear projects are being launched in Europe, the management of nuclear risks must be questioned in order to find better solutions to the necessity of internalising, preventing and compensating. Nuclear operators should be responsible for all the damages caused through an unlimited liability rule. The coverage of potential damages could also be improved by setting up a risk-sharing agreement at the European scale between operators. (author)

  12. Legislative framework and regulatory requirements for the introduction of nuclear power

    Ha-Vinh, Phuong

    1975-01-01

    The adoption of appropriate legislation is to be considered as a prerequisite to the introduction of nuclear power in view of the issues that need to be regulated. Preparatory steps should be started at the earliest stage in conjunction with the planning of nuclear power projects. The primary objectives of a licensing scheme are to ensure safety, public health and environmental protection as well as financial protection for third parties in case of nuclear incident. For licensing purposes, a legislative framework and regulatory determinations are required. Within such a framework and pursuant to such regulatory determinations, the elaboration of safety standards, rules, guides and enforcement procedures is to be considered of paramount importance. To this end a number of international recommendations and advisory material prepared by the IAEA provide useful guidance. A licensing process would normally be split into several stages relating to site approval, construction permit, pre-operational tests, and operating licence, each stage being subject to safety assessments and reviews as determined by regulations. Financial protection against nuclear damage has also to be insured. A special regime of nuclear liability has been established by international conventions, based on the principle of strict liability of the operator of a nuclear installation. As a result of such channelling of liability to him, his liability is limited in amount and time. This liability system has the dual purpose of ensuring appropriate protection for potential victims and of relieving the nuclear industry from unlimited liability risks, which would impede practical applications of atomic energy. For the elaboration of nuclear legislation and specialized regulations the Agency's advisory services have proved to be of help to countries embarking on a nuclear power programme. (author)

  13. The prospects for nuclear power in the UK. Conclusions of the Government's nuclear review

    1995-05-01

    The conclusions of the United Kingdom government's review of the nuclear industry in Britain were presented to Parliament in May 1995. The provision of public sector support for a new nuclear power station is deemed unwarranted against the background of the current electricity market. In reaching this conclusion the government considered possible environmental and strategic advantages, the question of diversity of fuel sources, and wider economic benefits. It is intended to privatize parts of Nuclear Electric and Scottish Nuclear in 1996 as subsidiaries of a single holding company to take over the UK's AGR and PWR stations together with a significant level of their associated liabilities. A publicly owned company will continue to run the magnox stations and retain their liabilities. British Nuclear Fuels Ltd (BNFL) will continue to offer nuclear fuel services and to receive government support in developing business in overseas markets. Since their formation in 1990, Nuclear Electric and Scottish Nuclear have improved their financial performance significantly. At privatisation the nuclear component of the fossil fuel levy will cease to be paid to Nuclear Electric and Scottish Nuclear will no longer receive the current premium price paid under the Nuclear Energy Agreement. The current regulatory regime and rigorous safety standards for nuclear power will remain substantially unchanged. (UK)

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

    2003-01-01

    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 - General Outline: 1. Introduction; 2. Mining Regime; 3. Radioactive Substances, Nuclear Fuel and Equipment; 4. Nuclear Installations (Licensing and inspection, including nuclear safety; Emergency response); 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) - Institutional Framework: 1. Regulatory and Supervisory Authorities: A. Federal Authorities - Bund (The Federal Chancellery; The Federal Minister for Women's Affairs and Consumer Protection; The Federal Minister of the Interior; The Federal Minister for Economic Affairs; The Federal Minister of Finance; The Federal Minister of Labour, Health and Social Affairs; The Federal Minister of Science and Transport; The Federal Minister of Justice; The Federal Minister for the Environment; The Federal Minister for Foreign Affairs) B. Regional Authorities - Laender; C. District Authorities - Bezirksverwaltungsbehorden; 2. Advisory Bodies (Forum for Nuclear Questions, Radiation Protection Commission - SSK); 3. Public and Semi-Public Agencies (The Seibersdorf Austrian Research Centre; The Graz Nuclear Institute; The Nuclear Institute of the Austrian Universities; The Institute of Risk Research, University of Vienna)

  15. Limited and unlimited liability in the German Atomic Energy Law

    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

  16. Intervention of states in supplementary compensation for nuclear accidents

    Melchior, T.

    1993-01-01

    This paper describes the role played by the States in providing public funds for compensation under a civil liability regime. The main part gives an outline of some of the problems relating to joint intervention by Contracting States. Discussed is inter alia the geographical scope, the question of a global or a regional approach, the position of non nuclear States and the amounts and their revision

  17. Unlimited liability will not automatically establish unlimited coverage

    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

  18. Nuclear Legislation in OECD and NEA Countries. Regulatory and Institutional Framework for Nuclear Activities - United Kingdom

    2003-01-01

    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; 4. Nuclear Installations (Licensing and inspection, including nuclear safety; Protection of the environment against radiation effects; Emergency response); 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. Institutional Framework: 1. Regulatory and Supervisory Authorities (Department of Trade and Industry - DTI; Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Health; Secretary of State for Transport; Secretary of State for Education); 2. Advisory Bodies (Medical Research Council - MRC; Nuclear Safety Advisory Committee; Radioactive Waste Management Advisory Committee); 3. Public and Semi-Public Agencies (United Kingdom Atomic Energy Authority - UKAEA; Health and Safety Commission and Executive - HSC/HSE; National Radiological Protection Board - NRPB; Environment Agencies; British Nuclear Fuels plc. - BNFL; Amersham International plc.; The National Nuclear Corporation Ltd. - NNC; United Kingdom Nirex Ltd.; Magnox Electric plc.; British Energy Generation Ltd.; Scottish Electricity Generator Companies; British Energy Generation Ltd.; Regional Electricity Companies in England and Wales)

  19. Liability for Diagnosing Malingering.

    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.

  20. Nuclear law and radiological accidents

    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)

  1. Meeting of the High Committee - 13 December 2012: Report by the national commission of assessment of the financing of nuclear liabilities on a long term (CNEF); Elements of doctrine for the post-accidental management of a nuclear accident; Interventional radiology

    Lepine, M.; Gallay, Florence; Aubert, Bernard

    2012-01-01

    The first part of this document proposes a report made by the national commission of assessment of the financing of the nuclear liabilities on a long term (CNEF): presentation of the administrative authority, assessment of liabilities, assets, and remarks. The second part contains elements of doctrine for the post-accidental management of a nuclear accident: works made by the CODIRPA, definition of three critical objectives and six key issues for post-accidental management, post-accidental zoning, first post-accidental measures for the protection of the population, future objectives for CODIRPA work groups. The third part addresses interventional radiology: definition, specificities (uses, characteristics, continuous increase, number of sessions), related risks, clinic evidence and thresholds and delays of appearance of cutaneous effects, international concern, legal and regulatory framework (radiation protection measures), incidents known by the IRSN, results of a national survey on patient radiation protection in interventional cardiology centres, perspectives and expectations, worker exposure, recommendations regarding the regulatory framework, professional training, equipment and patient monitoring, information on potential undesired effects

  2. Protocol to amend the convention of 31st January 1963 supplementary to the Paris convention of 29th July 1960 on third party liability in the field of nuclear energy, as amended by the additional protocol of 28th January 1964, Paris, 16 November 1982

    1983-01-01

    This Protocol further amends 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, concluded between the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Luxembourg, Norway, Netherlands, United Kingdom, Sweden and Switzerland, within the framework of the Organisation for Economic Co-operation and Development. (U.K.)

  3. H.R. 3653: a bill to amend the Price-Anderson provisions of the Atomic Energy Act of 1954 to extend and improve procedures for liability and indemnification for nuclear incidents. Introduced in the House of Representatives, Ninety-Ninth Congress, Second Session, October 30, 1985

    Anon.

    1986-01-01

    The Price-Anderson Amendments Act of 1986 amends provisions of the Atomic Energy Act of 1954 in order to improve the liability and indemnification procedures for nuclear incidents. The bill places the primary financial responsibility for protection on large electrical generating facilities, with a limit of $200 million. The bill also makes changes in premium, borrowing authority, and indemnification agreements for licensing. Other changes include defense waivers and judicial reviews

  4. Claims expenses and limits of liability in third party liability insurances

    Rehmann, J.

    1992-01-01

    After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

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

    Tanikawa, H.

    2000-01-01

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

  6. Government-sponsored microfinance program: Joint liability vs. individual liability

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  7. Some considerations on disciplinary liability overlapping criminal liability

    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

  8. Civil Liability for Environmental Damages

    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.

  9. The year 2000 examination conference of the non-proliferation treaty and the future of the nuclear non-proliferation regime

    Grand, C.

    2001-01-01

    The nuclear weapons non-proliferation treaty (NPT), signed on July 1, 1968 and enforced on March 5, 1970, has been progressively considered as the headstone of the international non-proliferation and disarmament regime. The sixth NPT examination conference took place at New York (USA) in the year 2000, 5 years after the previous conference but also after the first nuclear weapon tests of India and Pakistan. This article recalls up the main non-proliferation events that took place between the 1995 and 2000 conferences and presents the progresses and results of the New York conference. Finally, it wonders about the ambiguities in the conclusions of this last conference. (J.S.)

  10. Flow regimes

    Kh'yuitt, G.

    1980-01-01

    An introduction into the problem of two-phase flows is presented. Flow regimes arizing in two-phase flows are described, and classification of these regimes is given. Structures of vertical and horizontal two-phase flows and a method of their identification using regime maps are considered. The limits of this method application are discussed. The flooding phenomena and phenomena of direction change (flow reversal) of the flow and interrelation of these phenomena as well as transitions from slug regime to churn one and from churn one to annular one in vertical flows are described. Problems of phase transitions and equilibrium are discussed. Flow regimes in tubes where evaporating liquid is running, are described [ru

  11. Modeling non-maturing liabilities

    von Feilitzen, Helena

    2011-01-01

    Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

  12. Professional liability. Etiology.

    White, K C

    1988-03-01

    Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

  13. Flow regimes

    Liles, D.R.

    1982-01-01

    Internal boundaries in multiphase flow greatly complicate fluid-dynamic and heat-transfer descriptions. Different flow regimes or topological configurations can have radically dissimilar interfacial and wall mass, momentum, and energy exchanges. To model the flow dynamics properly requires estimates of these rates. In this paper the common flow regimes for gas-liquid systems are defined and the techniques used to estimate the extent of a particular regime are described. Also, the current computer-code procedures are delineated and introduce a potentially better method is introduced

  14. Managing liabilities which arise out of radioactive waste

    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

  15. Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned

    2013-01-01

    The NEA Steering Committee for Nuclear Energy adopted the Decision and Recommendation Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned on 30 October 2014. The purpose of this Decision and Recommendation is to provide updated technical exclusion criteria, replacing the 1990 criteria that were in force. The criteria are relatively conservative, and some nuclear installations in the process of decommissioning will not, at first, be eligible for exclusion. However, at some point during the decommissioning process, the nuclear installation would meet the criteria and could be excluded from the Paris Convention nuclear liability regime, relieving the operator from the obligation to have and maintain the specific, high level nuclear liability insurance coverage. The Decision and Recommendation's Appendix and Explanatory Note are included in the document

  16. Operation of the RA research nuclear reactor under forced regime; Rad istrazivackog nuklearnog reaktora RA u forsiranom rezimu

    Mitrovic, S [Institut za nuklearne nauke Boris Kidric, Vinca, Beograd (Yugoslavia)

    1964-07-01

    Ra reactor was designed for operation at nominal power of 6.5 MW and under forced regime. From the start of operation in 1959 until the general refurbishment in 1963 it was not operated under forced regime. At reactor power of 10 MW the mean thermal neutron flux increases from 3 to 4.6 10{sup 13} n cm{sup -2} sec{sup -1}, the maximum neutron flux increases from 6 to 9.3 10{sup 13} n cm{sup -2} sec{sup -1}, and at the exit of the experimental channel it increases from 5 to 7.7 10{sup 9} n cm{sup -2} sec{sup -1}. In order to achieve safer and more suitable operating conditions, winter period of 1963 was chosen for the first increase of reactor power level, because of low temperatures in the secondary coolant loop. This paper contains the most relevant data concerned with the reactor operation at increased power.

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

    2011-01-01

    This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment (Definitions; Licensing requirements); 4. Nuclear installations (Licensing regime; Protection of the environment against radiation effects; Emergency response; Surveillance of installations and activities); 5. Trade in nuclear materials and equipment; 6. Radiation protection (General; Principal elements of the Radiation Protection Ordinance; Additional radiation protection norms); 7. Radioactive waste management (Atomic Energy Act 2002; Radiation Protection Ordinance; International obligations); 8. Non-proliferation and physical protection (Non-proliferation regime; Physical protection regime); 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities: Federal authorities (Federal Minister for the Environment, Nature Conservation and Nuclear Safety, Federal Minister for Education and Research, Federal Minister of Finance, Federal Minister of Transport, Building and Urban Affairs, Federal Minister for Economy and Technology, Federal Minister of Defence, Federal Office for Radiation Protection - BfS, Federal Office of Economics and Export Control); Authorities of the Laender; 2. Advisory bodies (Reactor Safety Commission - RSK; Radiation Protection Commission - SSK; Disposal Commission - ESK; Nuclear Technology

  18. Liability of statutory organs in limited liability companies

    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.

  19. Seguro Nuclear

    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

  20. Risks and nuclear insurance

    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