Inadequacies of current liability regimes in the nuclear industry / von Gabriela Banu
VerfasserBanu, Gabriela
Begutachter / BegutachterinChitumbo, Kaluba
ErschienenWien, 2015
Umfangvi, 67 Blätter : Illustrationen, Diagramme
HochschulschriftTechnische Universität Wien, Master Thesis, 2015
HochschulschriftDiplomatische Akademie Wien, Master Thesis, 2015
Schlagwörter (EN)Inadequacies / Nuclear Liability Regime / Nuclear Industry
URNurn:nbn:at:at-ubtuw:1-86367 Persistent Identifier (URN)
 Das Werk ist frei verfügbar
Inadequacies of current liability regimes in the nuclear industry [0.82 mb]
Zusammenfassung (Englisch)

Nuclear industry needs an effective and adequate liability regime. Significant attention has been given to develop an international nuclear liability regime in order to promote appropriate compensation for nuclear damage during the years. This was reflected in the various conventions, as followed: The Paris Convention on Third Party Liability, The Vienna Convention on Civil Liability for Nuclear Damage, The Brussels Supplementary Convention, The Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, The Protocol to Amend the Paris Convention on Nuclear Third Party Liability, The Protocol to Amend the Brussels Convention Supplementary to the Paris Convention and The Convention on Supplementary Compensation for Nuclear Damage. Despite the efforts, the attempt to improve the regime has not been completely successful. Current regimes have not been widely ratified and left many shortcomings, which include: the exclusive liability to the operator of the nuclear installation, the limitation of liability in quantum and limitation in time for making claims, the exclusive jurisdiction for claims to the installation states, a narrow definition of damage, lack of an adequate compensation fund and lack of members. The tragic events in Chernobyl, Three Mile Island or Fukushima have illustrated that accidents can happen and the consequences can be huge. With this in the mind the present work brings recommendations, for an improved and effective regime to govern the nuclear liability system: no limitation liability in quantum and duration, proportionality liability of the state, manufacturer and operator, access to neutral tribunal, a broad definition of damages, no statute of limitation, the establishment of an adequate compensation fund and increased membership. Many of these recommendations can be found in the national nuclear laws of different states. For harmonization the national law and practice with the international nuclear regime, it is important that both national and international system to converge. The ideas put forward might be controversial, however it could go a long way to improve the system.