Reassessing the nuclear liability regime

International Nuclear Information System (INIS)

Havinh Phuong

1985-01-01

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

Liability for nuclear damage. An international perspective

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

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

International Nuclear Information System (INIS)

Kolehmainen, H.

2000-01-01

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

Looking at nuclear liability and insurance in Russia

International Nuclear Information System (INIS)

Schwartz, J.

1997-01-01

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

Focus on the future of nuclear liability law

International Nuclear Information System (INIS)

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.)

Third Party Liability governing Dangerous and Nuclear Activities

International Nuclear Information System (INIS)

Di Martino, Vittorio.

1979-01-01

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

Nuclear third party liability under Polish law

International Nuclear Information System (INIS)

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

Insurance Cover for Revised Nuclear Liability

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2008-01-01

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

Nuclear liability amounts on the rise for nuclear installations

International Nuclear Information System (INIS)

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

2015-01-01

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

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

International Nuclear Information System (INIS)

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

Strengthening Canada's nuclear liability regime

International Nuclear Information System (INIS)

McCauley, D.; Henault, J.

2014-01-01

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

Progress towards a global nuclear liability regime

International Nuclear Information System (INIS)

2014-01-01

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

Should nuclear liability limits be removed. Yes

International Nuclear Information System (INIS)

Haas, L.

1985-01-01

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

Civil liability on nuclear activities

International Nuclear Information System (INIS)

Bittar, C.A.

1982-01-01

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

Particular aspects and limits of absolute nuclear liability

International Nuclear Information System (INIS)

Engelhard, M.; Brunengo, C.

1981-10-01

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

Unlimited - nuclear liabilities in the Federal Republic of Germany

International Nuclear Information System (INIS)

Arendt, W.

1986-01-01

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

Nuclear third party liability in Germany

International Nuclear Information System (INIS)

Raetzke, Christian

2016-01-01

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

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

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

Civil liability concerning nuclear accidents

International Nuclear Information System (INIS)

Anon.

2013-01-01

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

The 1968 Brussels convention and liability for nuclear damage

International Nuclear Information System (INIS)

Sands, Ph.; Galizzi, P.

2000-01-01

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

A review on liability in case of nuclear accident

International Nuclear Information System (INIS)

Gallage-Alwis, Sylvie; Faron, Pauline

2013-01-01

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

New Swiss legislation on nuclear third party liability

International Nuclear Information System (INIS)

Fischer, U.

1981-10-01

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

Nuclear liability insurance: a resume of recent years

International Nuclear Information System (INIS)

Marrone, J.

1975-01-01

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

Liability for nuclear damage and compensation therefor

International Nuclear Information System (INIS)

Prochazkova, D.

1996-01-01

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

Trends in nuclear third party liability law

International Nuclear Information System (INIS)

Avossa, G.

1992-01-01

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

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

International Nuclear Information System (INIS)

Chirica, T.; Chiripus, V.

2004-01-01

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

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

International Nuclear Information System (INIS)

Novotna, Marianna

2016-01-01

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

BNFL nuclear decommissioning liabilities management program

International Nuclear Information System (INIS)

Colquhoun, A.P.

1995-01-01

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

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

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

Nuclear Liability and Insurance for Nuclear Damage in Sweden

International Nuclear Information System (INIS)

Thofelt, H.

1998-01-01

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

Liability in nuclear establishments

International Nuclear Information System (INIS)

Bockli, H.R.

1980-01-01

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

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

Science.gov (United States)

2010-04-02

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

Nuclear Liability Legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

1998-01-01

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

Nuclear Liability, State of the Art

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2010-01-01

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

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

International Nuclear Information System (INIS)

Brown, O. F.

2011-01-01

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

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

International Nuclear Information System (INIS)

Tetley, M.

2006-01-01

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

Current US nuclear liability regime

International Nuclear Information System (INIS)

Brown, O.F.

2000-01-01

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

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

International Nuclear Information System (INIS)

1976-01-01

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

Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

Energy Technology Data Exchange (ETDEWEB)

Bittar, C A

1983-12-31

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

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

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

Proposed Amendments to the Nuclear Liability

International Nuclear Information System (INIS)

1981-01-01

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

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

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

Liability and damages in Japanese nuclear law

International Nuclear Information System (INIS)

Hoshino, E.

1981-01-01

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

Third party liability cover for nuclear damage and related problems

International Nuclear Information System (INIS)

Carbone, Ferdinando; Gambardella, Elio.

1974-06-01

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

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

International Nuclear Information System (INIS)

Pelzer, Norbert

2011-01-01

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

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

International Nuclear Information System (INIS)

Radetzki, M.

1999-01-01

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

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

International Nuclear Information System (INIS)

Green, R.E.

1982-01-01

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

Review of the nuclear liability act

International Nuclear Information System (INIS)

1990-01-01

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

Nuclear Energy and Liability in Law. Records of the meeting

International Nuclear Information System (INIS)

1977-01-01

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

Aspects of nuclear penal liability

International Nuclear Information System (INIS)

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

1986-01-01

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

Liability for the nuclear risk

International Nuclear Information System (INIS)

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

1993-01-01

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

Ordinance on nuclear third party liability (ORCN)

International Nuclear Information System (INIS)

1983-12-01

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

Nuclear civil liability international system. Evolution prospects

International Nuclear Information System (INIS)

Reyners, P.

1996-01-01

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

Transport Nuclear Liability Insurance

International Nuclear Information System (INIS)

Folens, M.

2006-01-01

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

Standard rules for liability and cover for nuclear installations

International Nuclear Information System (INIS)

Pfaffelhuber, J.K.; Kuckuck, B.

1980-01-01

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

Practical problems of third party liability connected with nuclear installations

International Nuclear Information System (INIS)

Lacroix, F.

1975-01-01

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

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

International Nuclear Information System (INIS)

Hohlefelder, W.

1985-01-01

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

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Kissich, S.J.

2001-10-01

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

Nuclear liabilities - nuclear insurance. Pt. 1

International Nuclear Information System (INIS)

Roesch, H.

1981-01-01

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

Nuclear operator. Liability amounts and financial security limits

International Nuclear Information System (INIS)

2015-07-01

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

Nuclear liability legislation in the Republic of Croatia

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

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

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

International Nuclear Information System (INIS)

Reyners, P.

1992-01-01

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

The Brussels I Regulation and Liability for Nuclear Damage

International Nuclear Information System (INIS)

Handrlica, J.

2010-01-01

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

Liability for international nuclear transport: an overview

International Nuclear Information System (INIS)

Brown, O.F.; Horbach, N.

2000-01-01

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

Management of nuclear liabilities in Germany

International Nuclear Information System (INIS)

Roser, T.

1995-01-01

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

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

International Nuclear Information System (INIS)

1985-01-01

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

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Svoboda, Karel; Podlaha, Josef

2011-01-01

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

Legal aspects and liabilities of storage in transit of nuclear materials

International Nuclear Information System (INIS)

Mees, M.C.

1983-01-01

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

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

International Nuclear Information System (INIS)

Handrlica, J.

2008-01-01

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

New Trends in European Nuclear Liability Law

International Nuclear Information System (INIS)

Getz, H.; Steinkemper, M.H.

1981-10-01

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

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

International Nuclear Information System (INIS)

Hohlefelder, W.

1984-01-01

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

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

International Nuclear Information System (INIS)

Umbricht, R.; Zweifel, P.

1998-01-01

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

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

International Nuclear Information System (INIS)

Gruendel, Robert J.; Kini, Els Reynaers

2012-01-01

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

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

International Nuclear Information System (INIS)

Cantarella, Jacques; Roger, Brigitte

2013-01-01

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

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

International Nuclear Information System (INIS)

1983-01-01

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

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

International Nuclear Information System (INIS)

Horbach, N. L. J. T.

2006-01-01

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

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

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

Nuclear Reactors and Their Legal Liability Insurance

International Nuclear Information System (INIS)

Ekener, H.

1999-09-01

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

Should nuclear liability limits be removed. No

International Nuclear Information System (INIS)

Pape, E.C.

1985-01-01

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

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

International Nuclear Information System (INIS)

1986-01-01

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

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

International Nuclear Information System (INIS)

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

1995-01-01

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

Development of international law concerning nuclear liability

International Nuclear Information System (INIS)

Ifflaender, G.; Kantner, G.

1979-01-01

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

Legislative Study on China’s Compensation for Nuclear Damage Liability

Directory of Open Access Journals (Sweden)

Jiu Liu

2018-06-01

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

Legal analysis at the Law for Civil liabilities by nuclear damage

International Nuclear Information System (INIS)

Gonzalez G, A.

2000-01-01

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

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

International Nuclear Information System (INIS)

May, D.

1995-01-01

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

Nuclear liability in the course of transport - some insurance aspects

International Nuclear Information System (INIS)

Andersson, G.

1993-01-01

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

Financial security for nuclear liability

International Nuclear Information System (INIS)

Francis, H.W.

1979-01-01

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

The law concerning liability for nuclear damage

International Nuclear Information System (INIS)

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.)

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

International Nuclear Information System (INIS)

2011-06-01

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

The nuclear liability conventions revised

International Nuclear Information System (INIS)

Reyners, P.

2004-01-01

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

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

International Nuclear Information System (INIS)

Anon.

1979-01-01

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

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

International Nuclear Information System (INIS)

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.)

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

International Nuclear Information System (INIS)

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

2001-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J

1994-12-31

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

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

Energy Technology Data Exchange (ETDEWEB)

Lopuski, J.

1993-12-31

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

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

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

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

International Nuclear Information System (INIS)

2014-07-01

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

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

International Nuclear Information System (INIS)

Coleman, J.E.

1977-01-01

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

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

International Nuclear Information System (INIS)

Taylor, Derek M.

2003-01-01

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

Liability Issues

International Nuclear Information System (INIS)

O’Donoghue, K.

2016-01-01

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

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

International Nuclear Information System (INIS)

Boediker, T.

1998-01-01

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

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

International Nuclear Information System (INIS)

Manninen, J.

1986-01-01

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

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

OpenAIRE

Thomas, A.; Heffron, R. J.

2012-01-01

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

Developments in international convention on nuclear third party liability

International Nuclear Information System (INIS)

Reyners, P.

2000-01-01

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

Nature and finality of liability insurance support to nuclear operators

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

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

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

International Nuclear Information System (INIS)

Brown, O. F.

2008-01-01

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

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

International Nuclear Information System (INIS)

Lopuski, J.

1993-01-01

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

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

International Nuclear Information System (INIS)

Piccolo, R.G.

1988-01-01

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

An overview of the international regime governing liability for nuclear damage

International Nuclear Information System (INIS)

Sturms, W.; Reye, S.

1995-01-01

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

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

International Nuclear Information System (INIS)

1979-01-01

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

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

International Nuclear Information System (INIS)

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

2001-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2001-07-01

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

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

International Nuclear Information System (INIS)

Marrone, J.

1983-01-01

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

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

International Nuclear Information System (INIS)

Gil Portela, Rosario; Alonso Gonzalez, Ivonne

1998-01-01

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

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

International Nuclear Information System (INIS)

Gnam, P.A.

1983-01-01

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

A radical approach to decommissioning and nuclear liabilities management

International Nuclear Information System (INIS)

Pooley, D.

1995-01-01

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

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

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

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

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

International Nuclear Information System (INIS)

Dyke, Jon M. Van

2010-09-01

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

Harmonisation of Nuclear Liability Regimes in Europe

International Nuclear Information System (INIS)

Sladonja, B.

2000-01-01

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

Chernobyl: Lessons in nuclear liability

International Nuclear Information System (INIS)

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

1990-01-01

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

Paris and Vienna nuclear liability conventions: challenges for insurers

International Nuclear Information System (INIS)

Reitsma, S. M. S.

2004-01-01

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

Insurance of liability for the transport of nuclear materials

International Nuclear Information System (INIS)

Deprimoz, J.

1975-01-01

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

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

International Nuclear Information System (INIS)

Pelzer, Norbert

1988-01-01

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

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

International Nuclear Information System (INIS)

Quattrocchi, J.

2000-01-01

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

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

International Nuclear Information System (INIS)

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

2000-01-01

Contracts on Research Reactors are normally entered into by the owner and - very often - later user and the supplier of such plants. They are not concluded by the fuel supplier, except fuel supplier and plant supplier are identical. Thus, the fuel supplier mostly has no direct influence into the contract negotiations and the clauses which are eventually agreed upon between the parties. So has any other subcontractor for any other system or component. Any such subsupplier can and will negotiate a subsidiary supply contract (subcontract) with the supplier of the plant. The supplier drafts the related clauses so as to pass on to the subsupplier as many risks out of his contracts as possible. The subsupplier, on the other hand, tries to protect himself, tries to limit the risks he takes over, e.g. to the worth of his subcontract maximum. A critical issue in such negotiations is those concerning the risks the supplier had to accept and the subsupplier, although he may be responsible later for the risk changing to reality; i.e. the occurrence of a loss, cannot be hold liable for in full because the subcontract limits his liability, e.g. to the subcontract value or a certain delay penalty. A typical example for this conflict are delays of the entire project caused by one subsupplier. A very specific case in this context is the so-called nuclear liability. Nuclear liability means being hold responsible for the consequences or damages originating from a nuclear event in the plant. Those consequences or damages may be suffered by third parties, which are neither the owner/operator nor the supplier and result in a liability to such party (third party liability). Several of the aspects below may be related to the nuclear liability issue: The supplier often has its registered office not in the country where the plant is; The supplier may have far bigger assets than the owner/operator. The legal system of the supplier's country may be more favourable for enforcing claims of

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

International Nuclear Information System (INIS)

Welck, S. von

1980-01-01

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

Nuclear risk and optimal civil liability of the operator

International Nuclear Information System (INIS)

Schmitt, Andre; Spaeter, Sandrine

2007-01-01

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

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

International Nuclear Information System (INIS)

Coustou, F.

1986-01-01

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

Inventory of nuclear liabilities - The Belgian perspective

International Nuclear Information System (INIS)

Minon, Jean-Paul

2003-01-01

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

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

International Nuclear Information System (INIS)

Da Silva, C.

2004-01-01

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

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

International Nuclear Information System (INIS)

McIntosh, St.

2000-01-01

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

A radical approach to decommissioning and nuclear liabilities management

International Nuclear Information System (INIS)

Pooley, D.

1996-01-01

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

Nuclear insurance and third-party liability. An overview

Energy Technology Data Exchange (ETDEWEB)

Rashid, Nahrul Khair

1986-04-01

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

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

International Nuclear Information System (INIS)

Handl, G.

1993-01-01

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

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

International Nuclear Information System (INIS)

Iizuka, H.

2006-01-01

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

Revision of the Paris and Brussels Conventions of Nuclear Liability

International Nuclear Information System (INIS)

Reyners, P.

2002-01-01

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

1988 changes to United States law regarding nuclear third party liability

International Nuclear Information System (INIS)

Cunningham, G.H.

1989-09-01

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

General Principles Governing Liability

International Nuclear Information System (INIS)

Reyners, P.

1998-01-01

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

Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

Energy Technology Data Exchange (ETDEWEB)

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

1993-12-31

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

Vienna convention on civil liability for nuclear damage

International Nuclear Information System (INIS)

1996-01-01

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

Vienna convention on civil liability for nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-03-20

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

International nuclear liability conventions: status and possible changes

International Nuclear Information System (INIS)

Reyners, Patrick.

1978-01-01

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

Spent nuclear fuel disposal liability insurance

International Nuclear Information System (INIS)

Martin, D.W.

1984-01-01

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

The allocation of liability for nuclear risks - the UK standpoint

International Nuclear Information System (INIS)

Jenkin, J.W.L.

1983-01-01

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

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

International Nuclear Information System (INIS)

1978-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Gonzalez G, A

2000-07-01

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

Nuclear liability legislation in Russia - current status and expected developments

International Nuclear Information System (INIS)

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

2000-01-01

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

Transport and repair of contaminated nuclear components - liabilities and insurance

International Nuclear Information System (INIS)

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

1983-01-01

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

Liability of suppliers to nuclear power plants in Western Europe

International Nuclear Information System (INIS)

Kuhn, W.

1988-01-01

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

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

International Nuclear Information System (INIS)

Pelzer, Norbert

2015-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Pelzer, Norbert

2015-06-15

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

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

International Nuclear Information System (INIS)

1977-01-01

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

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

International Nuclear Information System (INIS)

Chiripus, Vlad

2005-01-01

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

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

International Nuclear Information System (INIS)

1989-09-01

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

1986 Agreement on third party liability in the nuclear field

International Nuclear Information System (INIS)

1986-01-01

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

Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

International Nuclear Information System (INIS)

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

2011-01-01

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

Nuclear liability and the Price--Anderson Act

International Nuclear Information System (INIS)

Wilson, R.

1977-01-01

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

Introduction to the French legislation dealing with nuclear financial liabilities

International Nuclear Information System (INIS)

Maocec, Ch.; Olivier, M.

2008-01-01

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

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

Science.gov (United States)

2010-01-01

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

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

International Nuclear Information System (INIS)

Eiras, Sergio Alves; Couto, Roberto Toscano

1995-01-01

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

Liability and insurance aspects of international transport of nuclear materials

International Nuclear Information System (INIS)

van Gijn, S.H.

1985-01-01

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

Aspects of the Brazilian law on civil liability for nuclear damage

International Nuclear Information System (INIS)

Rocha, L.M.G. da

1980-06-01

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

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

International Nuclear Information System (INIS)

McIntosh, C.

1985-01-01

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

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

International Nuclear Information System (INIS)

1985-01-01

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

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

International Nuclear Information System (INIS)

Simoes, A.C.

1975-01-01

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

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

International Nuclear Information System (INIS)

Gulck, Albert van.

1978-01-01

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

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

International Nuclear Information System (INIS)

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

1988-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

Gomez del Campo, J.

2011-07-01

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

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

International Nuclear Information System (INIS)

Reyners, P.; Tetley, M.

2003-01-01

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

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

International Nuclear Information System (INIS)

Eiras, S.A.

1994-01-01

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

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

International Nuclear Information System (INIS)

Taufiq, D.

2016-01-01

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

The contribution of industry to complementary financing of nuclear liability risk

International Nuclear Information System (INIS)

Delpirou, D.

1993-01-01

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

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

International Nuclear Information System (INIS)

1998-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-22

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

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

International Nuclear Information System (INIS)

1998-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-07-23

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

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

International Nuclear Information System (INIS)

Schwartz, J.

2008-01-01

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

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

International Nuclear Information System (INIS)

1980-01-01

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

The Liabilities Management Group

International Nuclear Information System (INIS)

Whitehead, A.W.

1998-01-01

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

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

International Nuclear Information System (INIS)

1985-01-01

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

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

International Nuclear Information System (INIS)

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

2011-06-01

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

Electronuclear Park, Privatization and Civil Strict Liability

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Lindskog, Staffan; Sjoeblom, Rolf

2012-01-01

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

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

International Nuclear Information System (INIS)

1966-01-01

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

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

International Nuclear Information System (INIS)

Harbison, S.

1995-01-01

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

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

International Nuclear Information System (INIS)

Gonzalez Guadarrama, J.L.

1992-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

2010-10-15

The Nuclear Research Institute Rez (NRI) has been a leading institution in the area of R and D (Research and Development) in the Czech Republic. The NRI has had a dominant position in the nuclear programme of the former Czechoslovakia since it was established in 1955. In December 1992 the NRI has been transformed into a joint-stock company. The Institute's activity encompasses nuclear physics, radiochemistry, experiments at the research reactor and many other topics. Main issues addressed in the NRI in the past decades were concentrated on research, development and services provided to the VVER reactors, development of chemical technologies for fuel cycle and irradiation services. Currently, the research activities are mainly targeted to assist the State Office for Nuclear Safety. Significant attention is also paid to the use of nuclear technology outside the nuclear power sector, providing a wide range of services to industry, medicine and the preparation of radiopharmaceuticals. NRI operates 2 research nuclear reactors, hot cell facility, research laboratories, and technology for radioactive waste management, radionuclide irradiators, an electron accelerator and others. After 50 years of activities in the nuclear field, there have been many environmental liabilities that are being remedied in the NRI. There are 3 areas of these remediation activities: - decommissioning of old obsolete facilities, - processing of RAW resulting from operation and dismantling of nuclear facilities, and - elimination of spent fuel from research nuclear reactors. The goal is to remedy the environmental liabilities and eliminate the potential negative impact on the environment. Remediation of the environmental liabilities started in 2003 and should be finished in 2014. (orig.)

Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

1988-01-01

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

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

International Nuclear Information System (INIS)

2006-01-01

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

Claims expenses and limits of liability in third party liability insurances

International Nuclear Information System (INIS)

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)

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

International Nuclear Information System (INIS)

1996-01-01

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

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

International Nuclear Information System (INIS)

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

Civil liability and nuclear coverage: synthesis report

International Nuclear Information System (INIS)

1995-01-01

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

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

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)

Liability for damage to the global commons

International Nuclear Information System (INIS)

Leigh, K.

1993-01-01

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

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

International Nuclear Information System (INIS)

Pelzer, N.

1993-01-01

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

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

International Nuclear Information System (INIS)

1978-01-01

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

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

International Nuclear Information System (INIS)

1979-01-01

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

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

International Nuclear Information System (INIS)

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.

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

International Nuclear Information System (INIS)

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)

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

International Nuclear Information System (INIS)

2017-12-01

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

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

Directory of Open Access Journals (Sweden)

Sayyed Mohammad Mahdi Qabuli Dorafshan

2015-12-01

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

International nuclear third party liability law: The response to Chernobyl

International Nuclear Information System (INIS)

Schwartz, J.A.

2006-01-01

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

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

International Nuclear Information System (INIS)

1989-10-01

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

Limited and unlimited liability in the German Atomic Energy Law

International Nuclear Information System (INIS)

Pelzer, N.

1982-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

NONE

2011-07-01

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

Exposing government response action contractors to environmental tort liability

International Nuclear Information System (INIS)

Roy, M.J.

1991-01-01

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

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

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

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

Directory of Open Access Journals (Sweden)

Makiko Tazaki

2014-01-01

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

Sub-seabed burial of radioactive waste and liabilities

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

1978-01-01

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

Unlimited liability will not automatically establish unlimited coverage

International Nuclear Information System (INIS)

Breining, W.

1980-01-01

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

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

International Nuclear Information System (INIS)

2006-01-01

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

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

International Nuclear Information System (INIS)

Quere, Alain

2014-01-01

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

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

1989-10-01

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

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

International Nuclear Information System (INIS)

O'Higgins, P.; McGrath, P.

2002-01-01

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

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

International Nuclear Information System (INIS)

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.)

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

International Nuclear Information System (INIS)

1999-01-01

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

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

International Nuclear Information System (INIS)

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

Insurance and catastrophic events: can we expect de facto limits on liability recoveries

International Nuclear Information System (INIS)

Solomon, K.A.; Whipple, C.; Okrent, D.

1978-01-01

The purpose of this study is to take an overview of large technological systems in society to ascertain the 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 recoveries. In part, interest in this topic is spurred by the continuing discussion and controversy over the Price-Anderson Act which requires operators of nuclear plants to waive certain defenses and which limits the combined liability of the operator and the government to an amount less than the maximum potential public cost of a major nuclear reactor accident. A variety of technological events could result in assignable liabilities up to $25 billion, or more, depending on the value of life. These postulated events include: (1) the crash of a large aircraft into a crowded sports facility (an estimated $20.3 billion liability); (2) an explosion and subsequent dispersion of a chemical (such as chlorine or LNG) into a population center from a large manufacturing, storage, or transport facility (estimated $25.5 billion liability); (3) a massive nuclear power plant accident and the subsequent dispersal of large quantities of radioactive material to a large downwind population center ($25 billion liability); (4) the collision of two ships, such as a large LNG tanker and a large passenger liner, resulting in the deaths of all passengers on board ($5.5 billion liability); and (5) collapse of a large building in an earthquake, known by the owners to be seismically deficient and no steps having been taken to warn occupants or to remedy the situation (major deficiencies). All these events are found to involve potential liability far exceeding the available resources, whether they be insurance, corporation assets, or government revenues

Fukushima: liability and compensation

International Nuclear Information System (INIS)

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

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

Energy Technology Data Exchange (ETDEWEB)

Menendez-Moran, E.

2011-07-01

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

Managing liabilities which arise out of radioactive waste

International Nuclear Information System (INIS)

Hall, R.M. Jr.

1986-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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)

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

International Nuclear Information System (INIS)

Kuckuck, B.

1981-01-01

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

Nuclear Liability Act as amended (No 484/72)

International Nuclear Information System (INIS)

1972-01-01

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

Nuclear Law

International Nuclear Information System (INIS)

Wiesbauer, Bruno

1978-01-01

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

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

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

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

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

International Nuclear Information System (INIS)

Pelzer, N.

1991-01-01

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

Catastrophic events leading to de facto limits on liability

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Lowenstein, R.

1977-01-01

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

Rules specific to nuclear incidence occurring in installations or during transport of nuclear substances

International Nuclear Information System (INIS)

Rocamora, P.

1976-01-01

International nuclear third party liability conventions deal in depth with the liability system governing the transport of nuclear substances. Without appropriate legislation, international transport would be likely to meet very serious legal difficulties. The rule of nuclear conventions apply the same system to transport as to nuclear installations and mainly enable a determination of the operator liable. They also allow the person responsible for transport to assume liability therefor in place of the operator who whould normally have been liable. These nuclear conventions do not affect application of international transport conventions and this provision has been the cause of serious difficulties regarding maritime transport. This resulted in the adoption in 1971 in Brussels of a convention relating to civil liability in the field of maritime carriage of nuclear material. The purpose of this convention is to establish in the field of maritime transport, the priority of the system of absolute, exclusive and limited liability in the nuclear conventions. (NEA) [fr

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

International Nuclear Information System (INIS)

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.)

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Boudier, J.-M.

1995-01-01

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

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

International Nuclear Information System (INIS)

Waldner, Michael

2012-01-01

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

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

International Nuclear Information System (INIS)

1997-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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.

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

Energy Technology Data Exchange (ETDEWEB)

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

2018-02-15

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

Ways and means of insuring against nuclear risks

International Nuclear Information System (INIS)

Campbell Miles, A.

1975-01-01

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

American nuclear insurers

International Nuclear Information System (INIS)

Oliveira, R.A.

1988-01-01

Nuclear liability insurance covers liability for damages directly caused by the nuclear energy hazard. This coverage includes offsite bodily injury and property damage sustained by members of the general public, and bodily injury to onsite third party personnel. Recent nuclear liability claims allege bodily injury and property damage resulting from releases or radioactive materials to the environmental and occupational radiation worker exposures. Routine reactor operations involving radioactive waste have the potential to result in such claims. The nuclear insurance Pools believe that one way such claims can be minimized is through the implementation of an effective radioactive waste management program

Risks and nuclear insurance

International Nuclear Information System (INIS)

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

1988-01-01

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

Risk of nuclear damage

International Nuclear Information System (INIS)

Kienzl, K.

1997-01-01

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

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

International Nuclear Information System (INIS)

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

Civil liability - aspects of the law n0 6.453 of 1977

International Nuclear Information System (INIS)

Rocha, L.M.G. da

1980-01-01

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

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

Science.gov (United States)

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...

Nuclear insurance problems in Spain

International Nuclear Information System (INIS)

Gomez del Campo, Julian.

1977-01-01

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

Radiological risks and civil liability

International Nuclear Information System (INIS)

Miller, C.E.

1989-01-01

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

Radiological risks and civil liability

Energy Technology Data Exchange (ETDEWEB)

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

1989-01-01

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

Some considerations on disciplinary liability overlapping criminal liability

Directory of Open Access Journals (Sweden)

Ştefania DUMITRACHE

2011-12-01

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

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

International Nuclear Information System (INIS)

Zaldivar, E.

1976-01-01

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

Compensation of damage caused by diverted nuclear substances

International Nuclear Information System (INIS)

Deprimoz, J.

1981-10-01

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

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.)

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

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

2002-01-01

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

Legal aspects of transport of nuclear materials

International Nuclear Information System (INIS)

Jacobsson, Mans.

The Paris Convention and the Brussels Supplementary Convention are briefly discussed and other conventions in the field of civil liability for nuclear damage are mentioned: the Vienna Convention, the Nuclear Ships Convention and the 1971 Convention relating to civil liability in the field of maritime carriage of nuclear material. Legislation on civil liability in the Nordic countries, which is based on the Paris Convention and the Supplementary Convention is discussed, notably the principle of channelling of liability and exceptions from that principle due to rules of liability in older transport conventions and certain problems due to the limited geographical scope of the Paris Convention and the Supplementary Convention. Insurance problems arising in connection with transport of nuclear materials are surveyed and an outline is given of the administrative provisions concerning transport (based on the IAEA transport regulations) which govern transport of radioactive materials by different means: road, rail, sea and air. Finally, the 1968 Treaty on the Non-Proliferation of Nuclear Weapons is discussed. (NEA) [fr

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

International Nuclear Information System (INIS)

1983-11-01

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

Managing the nuclear legacy n the UK: Progress towards the establishment of the Nuclear Decommissioning Authority

International Nuclear Information System (INIS)

Sellers, R.M.

2003-01-01

In November 2001, the British Government announced its intention to undertake a radical revision of the arrangements for managing public sector civil nuclear liabilities in the UK. Its proposals for this transformation were published in a White Paper 'Managing the Nuclear Legacy - A Strategy for Action' published on 4 July 2002. This calls for the formation of a new organisation, originally referred to as the Liabilities Management Authority, but since renamed the Nuclear Decommissioning Authority (NDA), responsible to Government and with a remit to ensure that the UK's nuclear legacy is cleaned up safely, securely, cost effectively and in ways which protect the environment. The NDA will be responsible for some twenty-one UK nuclear sites comprising about 85% of the UK's civil nuclear liabilities. These sites are those currently operated by the United Kingdom Atomic Energy Authority (UKAEA) and British Nuclear Fuels plc (BNFL), and amongst other things include many facilities from the early years of nuclear power etc in the UK, liabilities associated with the Joint European Torus (JET) fusion research project at UKAEA's Culham site, the Magnox nuclear power stations, and the associated facilities at Sellafield for reprocessing as well as those associated with the UK's fast reactor programme based at Dounreay. The challenge is to decommission and dismantle these facilities, package the radioactive wastes ready for disposal and remedy the sites, taking into account the uncertainties associated with many of the older facilities and the potential technical novelty of the processes that will have to be deployed to achieve this. This paper is concerned with the work of the Liabilities Management Unit (LMU) in preparing the way for the NDA and what it has achieved in its first eighteen months. The following issues are addressed: The Liabilities Management Unit and its remit (which presents the LMU Functional Groups and their responsibilities); Acquiring a detailed

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

International Nuclear Information System (INIS)

Tyran, J.R.

1995-01-01

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

Seguro Nuclear

International Nuclear Information System (INIS)

Oliveira, S.C.C. de.

1978-04-01

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

Nuclear insurance and indemnity

International Nuclear Information System (INIS)

Kovan, D.

1976-01-01

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

Liability of German suppliers and service providers for foreign projects

International Nuclear Information System (INIS)

Raetzke, Christian

2017-01-01

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

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

International Nuclear Information System (INIS)

1984-01-01

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

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

International Nuclear Information System (INIS)

Zhou, Z.; Liu, C.

1993-01-01

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

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

International Nuclear Information System (INIS)

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

1985-01-01

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

Liability of statutory organs in limited liability companies

Directory of Open Access Journals (Sweden)

Martin Janků

2011-01-01

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

Nuclear energy law after Chernobyl

International Nuclear Information System (INIS)

Cameron, P.; Harcher, L.

1988-01-01

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

Sharing Residual Liability

DEFF Research Database (Denmark)

Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

2016-01-01

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

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

Directory of Open Access Journals (Sweden)

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.

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

International Nuclear Information System (INIS)

2008-01-01

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

Convention on supplementary compensation for nuclear damage

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

Vanden Borre, T.

2001-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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.

Compensation for damages in case of a nuclear accident

International Nuclear Information System (INIS)

Leger, M.

2011-01-01

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

Civil liability for nuclear damage law

International Nuclear Information System (INIS)

1974-01-01

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

Nuclear liability legislation in Ukraine

International Nuclear Information System (INIS)

Hamankov, V.

2000-01-01

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

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

International Nuclear Information System (INIS)

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

Nuclear topics

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

1977-01-01

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

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

International Nuclear Information System (INIS)

Virole, jean.

1977-01-01

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

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

International Nuclear Information System (INIS)

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

Influence of nuclear glasses composition on their liability to deterioration

International Nuclear Information System (INIS)

Tovena, I.

1995-01-01

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

Sustainable development and nuclear liability

International Nuclear Information System (INIS)

Schwartz, J.

2001-01-01

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

Management of UKAEA graphite liabilities

International Nuclear Information System (INIS)

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

Apportioning liability for transborder damages

International Nuclear Information System (INIS)

Krause-Ablass, W.-D.

1988-01-01

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

International responsibility of using nuclear energy for peaceful purposes

International Nuclear Information System (INIS)

Ouenat, N.

2008-01-01

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

Environmental issues and the nuclear industry

International Nuclear Information System (INIS)

Castle, P.

1995-01-01

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

The College Professor's Professional Liability

Science.gov (United States)

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)

Specific aspects of insurance of nuclear risks

International Nuclear Information System (INIS)

Angelici, C.

1980-03-01

The following questions are discussed in connection with the insurance of nuclear risks: insurance techniques, the nuclear operator's limitation of liability in amount and in time, its channelling, the principle of sole liability and exonerations, the insurers' position, the cover provided and state intervention beyond that amount. (NEA) [fr

Information Processing and Limited Liability

OpenAIRE

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.

The nuclear review

International Nuclear Information System (INIS)

Jeffrey, R.

1995-01-01

The prospects for nuclear power in the United Kingdom are considered from the point of view of Scottish Nuclear and in the context of the government's Nuclear Review and forthcoming proposals for the future of nuclear generation. Scottish Nuclear has been successful in transforming a loss making public sector company into one which is profitable. If proper account is taken of the risks of higher gas prices, environmental costs and the vulnerability to which the UK energy supply industry might be exposed by over dependence on gas, nuclear power is seen to be attractive. Outcome from the Review which Scottish Nuclear would like to see includes: a separation of their successful ongoing AGR programme from the historical magnox liabilities; a segregated fund to deal with long term AGR decommissioning and waste liabilities; greater commercial freedom and a move towards privatisation. (UK)

Understanding legacy liabilities

Energy Technology Data Exchange (ETDEWEB)

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.

The compensation of losses in case of a nuclear accident

International Nuclear Information System (INIS)

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

Radiation risk in the context of liability for injury

International Nuclear Information System (INIS)

Riley, Peter

2003-01-01

It is perceived by the man in the street that low-level radiation from a nuclear facility is more dangerous than that from other practices. The radiation protection system, in particular the ALARA principle, leads to concerns that even the smallest exposure to radiation is abnormal and dangerous. Public perception of the radiation risk leads to fear in the minds of the public. A consequence of this fear itself may be damage to health in the form of psychological damage or nervous shock. The paper draws attention to the liability for damages by radiation, in particular under the common law of the UK and US, and how liability, determined by the court, is not necessarily influenced by scientific rationality. A natural conclusion may be that a claimant suffering injury of the type caused by radiation and who had been exposed to radiation, no matter how small a dose, that could be shown to come from a nuclear installation would be awarded damages against the licensee of the site of the installation unless it could be shown that the injury was predominantly caused by another source (radioactive or otherwise)

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

International Nuclear Information System (INIS)

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

Terrorism and nuclear damage coverage

International Nuclear Information System (INIS)

Horbach, N. L. J. T.; Brown, O. F.; Vanden Borre, T.

2004-01-01

This paper deals with nuclear terrorism and the manner in which nuclear operators can insure themselves against it, based on the international nuclear liability conventions. It concludes that terrorism is currently not covered under the treaty exoneration provisions on 'war-like events' based on an analysis of the concept on 'terrorism' and travaux preparatoires. Consequently, operators remain liable for nuclear damage resulting from terrorist acts, for which mandatory insurance is applicable. Since nuclear insurance industry looks at excluding such insurance coverage from their policies in the near future, this article aims to suggest alternative means for insurance, in order to ensure adequate compensation for innocent victims. The September 11, 2001 attacks at the World Trade Center in New York City and the Pentagon in Washington, DC resulted in the largest loss in the history of insurance, inevitably leading to concerns about nuclear damage coverage, should future such assaults target a nuclear power plant or other nuclear installation. Since the attacks, some insurers have signalled their intentions to exclude coverage for terrorism from their nuclear liability and property insurance policies. Other insurers are maintaining coverage for terrorism, but are establishing aggregate limits or sublimits and are increasing premiums. Additional changes by insurers are likely to occur. Highlighted by the September 11th events, and most recently by those in Madrid on 11 March 2004, are questions about how to define acts of terrorism and the extent to which such are covered under the international nuclear liability conventions and various domestic nuclear liability laws. Of particular concern to insurers is the possibility of coordinated simultaneous attacks on multiple nuclear facilities. This paper provides a survey of the issues, and recommendations for future clarifications and coverage options.(author)

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

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances and equipment; 4. Nuclear installations; 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Nuclear security; 9. Transport; 10. Nuclear Third Party Liability; II. Institutional Framework: 1. Regulatory and supervisory authorities (Minister of Health and Social Security; Icelandic Radiation Protection Institute)

Insurance of nuclear risk

International Nuclear Information System (INIS)

Lacroix, M.

1976-01-01

Insurance for large nuclear installations covers mainly four types of risk: third party liability which in accordance with the nuclear conventions, is borne by a nuclear operator following an incident occurring in his installation or during transport of nuclear substances; material damage to the installation itself, which precisely is not covered by third party liability insurance; machinery breakdown, i.e. accidental damage or interruption of operation. Only the first category must be insured. In view of the magnitude of the risk, nuclear insurance resorts to co-insurance and reinsurance techniques which results in a special organisation of the nuclear insurance market, based on national nuclear insurance pools and on the Standing Committee on Atomic Risk of the European Insurance Committee. Conferences of the chairmen of nuclear insurance pools are convened regularly at a worldwide level. (NEA) [fr

Insurance and nuclear power: The Price-Anderson act

International Nuclear Information System (INIS)

Whipple, C.

1985-01-01

This chapter evaluates the Price-Anderson Act, which establishes procedures for insuring nuclear facilities (including nuclear power plants) and was enacted in order to protect the public and to encourage the development of a private nuclear energy industry. Under the Act, the aggregate liability of the reactor operator, the US NRC, or any others who might be at fault (e.g. equipment manufacturers) is limited to $560 million. The reactor operator assumes all public liability, including that of the manufacturers of the plant or its equipment. The Price-Anderson Act has been criticized on the grounds that the limitation on liability removes a significant safety incentive and that the public would not be protected in the event of accident damages exceeding $ million. It is pointed out that under Price-Anderson, the limitation on liability at $560 million is not intended to be absolute

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

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

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

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

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

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

THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

Science.gov (United States)

Bărcan, Cristian

2015-01-01

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

New national legislation on compensation of nuclear damage

International Nuclear Information System (INIS)

Guerra Machado de Faria, N.

1981-10-01

This paper describes the nuclear third party liability system within the Brazilian legal framework. Following some considerations regarding the development of nuclear energy it then focuses on the relationship between accident prevention and third party liability and on the political administrative framework related to the nuclar industry in Brazil. (NEA) [fr

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

2002-01-01

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

Decommissioning of nuclear installations - regulations - financing - responsibility - insurance

International Nuclear Information System (INIS)

Hubert, E.H.; Andersson, C.; Deprimoz, J.; Mayoux, J.C.; Richard, M.; Sartorelli, C.; Nocera, F.

1983-01-01

This paper highlights three aspects of decommissioning of nuclear installations which relate, more or less directly, to legal options already applied or advocated. It reviews the regulatory conditions for decommissioning a nuclear installation and indicates legal provisions for financing decommissioning expenditures. It also describes the legal provisions to determine liabilities in case of nuclear damage and the assistance which insurers may provide to cover the consequences of such liabilities. (NEA) [fr

Recent developments in the European nuclear insurance scene

International Nuclear Information System (INIS)

Francis, H.W.

1978-01-01

Despite the development of a strong anti-nuclear feeling in Europe, the nuclear programme in the main European countries has not been stopped. The European insurance market has evolved considerably and the liability limits have been raised in several countries. Insurers must face the twin problem of increased insurance capacity to cover material damage, as well as the higher liability amounts for operators of nuclear installations in certain countries. (NEA) [fr

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

International Nuclear Information System (INIS)

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

Price-Anderson Act and nuclear insurance

International Nuclear Information System (INIS)

Long, J.D.; Long, D.P.

1979-01-01

The nuclear incident at Three Mile Island has served to intensify debate about elimination of the federal limit on liability of utilities (and others) for operation of private nuclear reactions and about elimination of possible federal indemnification of utilities (or others) for claims paid in nuclear incidents. Not all those who debate these issues appear to be fully informed about the present nuclear liability and insurance system. This paper provides a brief description of the Price-Anderson Act, as amended, and of the operation of the nuclear insurance pools. It also includes a comment on the recent federal district court award against the Kerr-McGee Corporation

The Limited Liability Company: An Analysis

OpenAIRE

Wayne Wells; Gary Yoshimoto

1993-01-01

In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

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

International Nuclear Information System (INIS)

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)

Insurer risk control and nuclear liability

International Nuclear Information System (INIS)

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.

Insurer risk control and nuclear liability

Energy Technology Data Exchange (ETDEWEB)

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.

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

International Nuclear Information System (INIS)

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

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

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive Substances and Equipment; 4. Nuclear installations; 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Nuclear security; 9. Transport; 10. Nuclear third party liability; II. Institutional Framework: 1. Regulatory and supervisory authorities - National Radiation Laboratory - NRL; 2. Advisory bodies - Radiation Protection Advisory Council; 3. Public and semi-public agencies - Research institutes

Legislative framework and regulatory requirements for the introduction of nuclear power

International Nuclear Information System (INIS)

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)

Managing the nuclear legacy in the UK - Progress towards the establishment of the nuclear decommissioning authority

International Nuclear Information System (INIS)

Sellers, Robin M.

2003-01-01

In November 2001, the British Government announced its intention to undertake a radical change in the arrangements for managing public sector civil nuclear liabilities in the UK. The UK Government's proposals for this transformation were published in a White Paper Managing the Nuclear Legacy - A Strategy for Actions published on 4 July 2002. This envisages the establishment of a new organisation, the Nuclear Decommissioning Authority (NDA), responsible to Government and with a remit to ensure that the UK's nuclear legacy is cleaned up safely, securely, cost effectively and in ways which protect the environment. The NDA will be responsible for some twenty UK nuclear sites comprising about 85% of the UK's civil nuclear liabilities. These sites are those currently operated by the United Kingdom Atomic Energy Authority (UKAEA) and British Nuclear Fuels plc (BNFL), and amongst other things include many facilities from the early years of nuclear power etc in the UK, liabilities associated with the Joint European Torus (JET) fusion research project at UKAEA's Culham site, the Magnox nuclear power stations, and the associated facilities at Sellafield for reprocessing. The challenge is to decommission and demolish these facilities, package the radioactive wastes ready for disposal and remediate the sites, taking into account the uncertainties associated with many of the older facilities and the potential technical novelty of the processes that will have to be deployed to achieve this. To prepare the way for the NDA, a special team has been established within the UK Department of Trade and Industry. This team, known as the Liabilities Management Unit (LMU), includes staff from both private and public sectors, and is supported by a partner contractor (Bechtel Management Company Ltd) who bring high quality, experienced project management skills to the team. LMU's principal tasks are: - Acquiring a detailed knowledge of BNFL and UKAEA liabilities; - Establishing common

The United Kingdom Atomic Energy Authority Government Division's written evidence to the Trade and Industry Committee inquiry into the Government's proposals for nuclear privatisation

International Nuclear Information System (INIS)

1995-01-01

Successful privatisation of the United Kingdom nuclear industry requires the best solution for the future of nuclear liabilities associated with the decommissioning of nuclear facilities and management of the resultant radioactive wastes. At least some of these liabilities will remain in the public sector. The UKAEA Government Division was brought into being in 1994 to manage the UKAEA's nuclear liabilities. The evidence presented suggests how the experience and expertise of this organisation may be valuable in deciding how public sector nuclear liabilities in general can best be handled. In particular, a number of operating principles have been established which could be successfully applied to the management of other nuclear liabilities. (UK)

Nuclear power

International Nuclear Information System (INIS)

d'Easum, Lille.

1976-03-01

An environmentalist's criticism of nuclear energy is given, on a layman's level. Such subjects as conflict of interest in controlling bodies, low-level radiation, reactor safety, liability insurance, thermal pollution, economics, heavy water production, export of nuclear technology, and the history of the anti-nuclear movement are discussed in a sensationalistic tone. (E.C.B.)

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

Energy Technology Data Exchange (ETDEWEB)

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.

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

Energy Technology Data Exchange (ETDEWEB)

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.

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

Energy Technology Data Exchange (ETDEWEB)

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.

International Law governing the Safe and Peaceful Uses of Nuclear Energy

International Nuclear Information System (INIS)

Jankowitsch-Prevor, O.

2002-01-01

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

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

International Nuclear Information System (INIS)

1992-01-01

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

Including district heating pipelines in absolute liability laws

Energy Technology Data Exchange (ETDEWEB)

Gronau, W

1977-10-01

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

12 CFR 965.2 - Authorized liabilities.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

12 CFR 229.21 - Civil liability.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

New directions in nuclear waste disposal in Ontario Hydro

International Nuclear Information System (INIS)

Nash, K.

1996-01-01

Ontario Hydro Nuclear has financial, environmental, safety and public acceptance business objectives which must be met to achieve long term sustainable success. Short term objectives of achieving nuclear excellence in safety, cost and production are vital to this success. Ontario Hydro's nuclear waste and decommissioning liabilities must be managed within these objectives. This paper outlines the financial environmental and societal considerations and responsibility framework for managing these liabilities. (author)

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

International Nuclear Information System (INIS)

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

75 FR 76946 - Demurrage Liability

Science.gov (United States)

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...

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

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General Regulatory Framework: 1. General; 2. Mining; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations (Licensing and inspection, including nuclear safety; Emergency measures); 5. Trade in nuclear materials and equipment; 6. Radiation protection; 7. Radioactive waste management; 8. Non-proliferation and physical protection; 9. Transport; 10. Nuclear third party liability; II. General Institutional Framework: 1. Regulatory and supervisory authorities (Minister of Health; Minister of Labour; Other Ministers competent); 2. Advisory bodies (Higher Health Council)

Legal protection against nuclear damage

Energy Technology Data Exchange (ETDEWEB)

NONE

1959-04-15

The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

Legal protection against nuclear damage

International Nuclear Information System (INIS)

1959-01-01

The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

Deliberations on Compensation and Remediation of Nuclear Damage to the Environment

International Nuclear Information System (INIS)

Pelzer, N.

2010-01-01

At its meeting held on 17 and 18 November 2009, the OECD NEA's Nuclear Law Committee (NLC) discussed the issue of obtaining financial security to cover liability for environmental damage. The experts from the insurance industry observed that the liability for environmental damage under the '2004 Paris Convention on Third Party Liability in the Field of Nuclear Energy' (2004 Paris Convention)2 may differ from the liability established under the 'Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage' (referred to as 'directive'). This discussion put into focus the question whether the term 'liability' of the operator under the 2004 Paris Convention and under the directive covers identical concepts of 'compensation'. It is true that the directive, according to its Article 4, excludes nuclear risks or environmental damage or the imminent threat of such damage originating from defined nuclear activities from its scope of application. However, it reserves the right to amend that exclusion by 2014 [Article 18(2) and (3)]. Irrespective of this legal situation, there exists an understandable interest of the insurance industry and of other stakeholders as well to get clarification on which type of obligation the operator has to meet under both instruments, or in other words: which liability and coverage consequences does damage to the environment entail for the operator?

Joint liability lending and the peer selection effect

NARCIS (Netherlands)

Gangopadhyay, S; Ghatak, M; Lensink, R

2005-01-01

We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

Transport of nuclear material under the 1971 Brussels Convention

International Nuclear Information System (INIS)

Lagorce, M.

1975-01-01

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

Liability-driven investment in longevity risk management

OpenAIRE

Helena Aro; Teemu Pennanen

2013-01-01

This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

Nuclear law in progress; Derecho nuclear en evolución

Energy Technology Data Exchange (ETDEWEB)

Manóvil, Rafael Mariano [ed.

2014-07-01

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

Financing responsibility for nuclear waste disposal

International Nuclear Information System (INIS)

2004-01-01

The basic premise for financing arrangements for the disposal of nuclear waste is that the nuclear industry - not the taxpayer - must bear the costs. Present regulations, however, are imperfect in this regard. The Inquiry therefore proposes extending the financial liability of the nuclear industry and introducing new fee-setting arrangements. It is proposed that a new law be enacted to regulate these changes. The present financing system is regulated in the 'Financing Act' 1. Under this Act, the licensed owner and operator of a nuclear reactor is required to pay an annual fee and provide guarantees to the State. Four companies are reactor owners. These companies are wholly or partly owned by other companies according to various arrangements. Each reactor owner is responsible for its own dismantling costs and for its share of allocated common costs of disposal and related measures. If there is insufficient money in the funds, the nuclear industry will still be liable. The basic premise of the Inquiry is that the financing system should be designed so as to minimise the risk that the State (and taxpayers) will need to step in and pay. Although the nuclear industry is intended to have full liability for payment, in practice it does not. This is because the formal full liability for payment in the nuclear industry rests with the reactor companies and not where the industry's long-term ability to pay is to be found. Essentially, the present arrangements mean that: - Companies that cannot be expected to have any long-term ability to pay have unlimited liability, and - Companies that can be expected to have an ability to pay have very limited liability. The Inquiry therefore proposes that ability to pay and liability are brought into line by a formal assumption by owning companies of the sort of liability for payment that now rests solely with the reactor companies. This means that the owning company in each group that is best suited to bear the liability for payment

The United States nuclear insurance program: an update of recent developments and trends

International Nuclear Information System (INIS)

Cummings, L.G.

1978-01-01

There are numerous developments concerning nuclear insurance in the United States at present. The debate on the constitutionality of the Price-Anderson Act questions the principle of the limitation of the operators liability. The insurance market is undergoing changes with the reorganisation of the four main pools, NELIA (Nuclear Energy Liability Insurance Association), NEPIA (Nuclear Energy Property Insurance Association), MAELU (Mutual Atomic Energy Liability Underwriters), MAERP (Mutual Atomic Energy Reinsurance Pool). Insurance premiums for damage have been revised on several occasions following industrial demand and the development of the insurance market capacity. (NEA) [fr

Liability and Insurance for Suborbital Flights

Science.gov (United States)

Masson-Zwaan, T.

2012-01-01

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

Lessons learnt in establishing a first national inventory of decommissioning liabilities in Belgium

International Nuclear Information System (INIS)

Braeckeveldt, M.

2004-01-01

Like all countries that use nuclear power for producing electricity or have other nuclear activities for peaceful purposes, Belgium is faced with an important challenge: the safe management of all the radioactive materials present in these industries and activities, 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 generations which benefit from these activities, in other words by 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, so that they no longer need to be subject to institutional control, 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 December 1997, charged the 'Nationale instelling voor radioactief afval and verrijkte splijtstoffen' (ONDRAF/NIRAS) [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. After five years collaboration between ONDRAF/NIRAS and the operators of nuclear installations and holders of radioactive substances, the government today has at its disposal a first general overview

Spectral decomposition of optimal asset-liability management

NARCIS (Netherlands)

Decamps, M.; de Schepper, A.; Goovaerts, M.

2009-01-01

This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

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

International Nuclear Information System (INIS)

Vanden Borre, T.

2002-01-01

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

Assets, liabilities and risks

OpenAIRE

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.

Problematic of mining environmental liabilities in Colombia

International Nuclear Information System (INIS)

Arango Aramburo, Marcela; Olaya, Yris

2012-01-01

Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

Legal problems concerning the export of nuclear power plants

International Nuclear Information System (INIS)

Pierer, Heinrich von.

1977-01-01

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

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

International Nuclear Information System (INIS)

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)

Civil Liability for Environmental Damages

Directory of Open Access Journals (Sweden)

Daniela Ciochină

2012-05-01

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

The OECD/NEA workshop on the indemnification of nuclear damage in the event of a nuclear accident

International Nuclear Information System (INIS)

Wagstaff, F.

2002-01-01

Since 1993, the OECD Nuclear Energy Agency (OECD/NEA) has run the International Nuclear Emergency Exercise (INEX) Program. The program serves to discuss an effective accident management approach on the basis of a simulated nuclear accident situation together with the states involved and their institutions, and also elaborate measures for its further improvement. At the present time, the INEX Program has reached Phase 3 in which, for the first time, also aspects of liability for the consequences of accidents were included. These aspects were made the subject of a workshop held after an emergency exercise. The scenario covered was based on an INES level-4 accident in the French Gravelines Nuclear Power Station situated close to the French-Belgian border. The workshop dealt with these topics, among others: the application of the Paris Convention on Third Party Liability, the Brussels Supplementary Convention, and the Vienna Convention on Civil Liability for Nuclear Damage as well as the Supplementary Compensation Convention of 1997. It was seen that there was a clear need for further discussion, especially to shed more light on the interrelationship of these treaties. (orig.) [de

The role of procurement in liabilities management

International Nuclear Information System (INIS)

Nicol, R.D.

1998-01-01

The new United Kingdom Atomic Energy Authority (UKAEA) has as its primary purpose the management of the liabilities left from the nuclear R and D programme. When it was set up in its present form in 1994 (as UKAEA Government Division) it had as its core functions programme management and procurement. It aimed to be involved in project implementation and operations only in so far as it needed to be for purposes of control as nuclear site licensee, or where otherwise this represented best value for money for the taxpayer. This paper describes how the clear definition and split of client and contractor roles has enabled UKAEA to promote the development of a competitive market in decommissioning, to the benefit of the taxpayer and industry. The importance of procurement at the various stages of planning and implementation are explained, along with some of the initiatives UKAEA has taken to improve client-contractor relationships. It is argued that UKAEA's approach has helped to define the boundaries of what is permissible in contractorization within the terms of a nuclear site licence. (author)

FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

Directory of Open Access Journals (Sweden)

О. Lobova

2015-04-01

Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

Assets, liabilities and risks

Directory of Open Access Journals (Sweden)

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.

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

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations; 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)

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

International Nuclear Information System (INIS)

Ziegler, E.

1984-01-01

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

The insurance of nuclear installations

International Nuclear Information System (INIS)

Francis, H.W.

1977-01-01

A brief account is given of the development of nuclear insurance. The subject is dealt with under the following headings: the need for nuclear insurance, nuclear insurance pools, international co-operation, nuclear installations which may be insured, international conventions relating to the liability of operators of nuclear installations, classes of nuclear insurance, nuclear reactor hazards and their assessment, future developments. (U.K.)

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

International Nuclear Information System (INIS)

Tanikawa, H.

2000-01-01

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

Nuclear insurance

International Nuclear Information System (INIS)

Anon.

1992-01-01

The yearbook contains among others the figures of the nuclear insurance line. According to these these the DKVG (German nuclear power plant insurance association) has 102 member insurance companies all registered in the Federal Republic of Germany. By using reinsurance capacities of the other pools at present property insurance amounts to 1.5 billion DM and liability insurance to 200 million DM. In 1991 the damage charges on account of DKV amounted to 3.1 (1990 : 4.3) million DM. From these 0.6 million DM are apportioned to payments and 2.5 million DM to reserves. One large damage would cost a maximum gross sum of 2.2 billion DM property and liability insurance; on account of DKVG 750 million DM. (orig./HSCH) [de

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

International Nuclear Information System (INIS)

2008-01-01

This country profile provide comprehensive information on the regulatory and Institutional Framework governing nuclear activities as well as a detailed review of a full range of nuclear law topics, including: mining regime; radioactive substances; nuclear installations; trade in nuclear materials and equipment; radiation protection; radioactive waste management; non-proliferation and physical protection; transport; and nuclear third party liability. The profile is complemented by reproductions of the primary legislation regulating nuclear activities in the country. Content: I. General regulatory regime: 1. Introduction; 2. Mining regime; 3. Radioactive substances, nuclear fuel and equipment; 4. Nuclear installations; (Licensing and inspection, including nuclear safety; 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)

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

International Nuclear Information System (INIS)

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)

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

International Nuclear Information System (INIS)

1999-01-01

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

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

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

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

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

International Nuclear Information System (INIS)

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

Direct liability of corporations and their personnel under CERCLA

International Nuclear Information System (INIS)

Landreth, L.W.

1991-01-01

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

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

International Nuclear Information System (INIS)

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)

Passage of nuclear powered ships in territorial waters and their stay in harbours

International Nuclear Information System (INIS)

Lucchini, L.; Voelckel, M.

1975-01-01

The specificity of rules governing entry of nuclear ships in the territorial waters of a State and their liability are reviewed. The concept of innocent passage prevailing for navigation in territorial waters is examined as are the protective measures taken by the Host State, in particular the prior authorisation characterizing thate State's discretionary powers of acceptance or refusal to admit the nuclear ship and the control over it. Liability rules and the nature of liability are analysed on the basis of agreements on the Savannah and the Otto Hahn. The importance of State intervention is demonstrated in its relationship with the operator particularly regarding control of operation and financial assistance. Also mentioned is liability for breach of the rules of procedure laid down in bilateral agreements, and in this context, a study is made of the rules of conduct for nuclear ships in territorial waters set out in the Savannah and Otto Hahn agreements. The liability of the coastal State is reviewed from the viewpoint of its grounds and possibilities of extension, given the development of nuclear navigation and the importance attached to protection against marine environmental pollution [fr

Nuclear power plants and their insurances

International Nuclear Information System (INIS)

Schludi, H.N.

1984-01-01

From the commencement of building to the time of decommissioning of nuclear power plants, the insurances provide continuous coverage, i.e. for construction, nuclear liability, nuclear energy hazards insurance, fire insurance, machinery insurance. The respective financial security is quantified. (DG) [de

Liability of German suppliers and service providers for foreign projects; Haftung deutscher Lieferanten und Dienstleister bei Auslandsprojekten

Energy Technology Data Exchange (ETDEWEB)

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

2017-10-15

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

Civil liability for nuclear and radiological damage

International Nuclear Information System (INIS)

Puig, D.

2001-10-01

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

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

International Nuclear Information System (INIS)

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)

[Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].