Modernizing the International Regime Governing Nuclear Third Party Liability

States with nuclear programmes, a considerable number of so-called non-nuclear States and also the majority of legal experts agree that, in principle, the existing civil nuclear liability regime, which was developed in the late 1950 ies and the early 1960ies, today still provides for a sound and consistent framework to govern the compensation of nuclear damage.

This applies to both the national and the international level. The liability principles forming the skeleton of that system are still valid today and even more, they are the yardsticks for the assessment of the appropriateness of nuclear liability legislations. They include concepts like strict liability, exclusive liability of the operator of a nuclear installation, limitation of liability or coverage in amount, limitation of claims in time, congruence of liability and coverage, equal treatment of victims, exclusive jurisdiction of the courts of one country. National legislations and international conventions which conform to those principles are deemed to be risk adequate.
Autor(en)
Dr. Norbert Pelzer
Contentpartner
© Lexxion Verlagsgesellschaft mbH
Publikation
EurUp 05 / 2005 (Oktober 2005)
Verkaufspreis
€ 32,00