The Civil Liability For Nuclear Damage

With the development of nuclear use for peaceful purposes, nuclear safety has become a great concern and meanwhile, nuclear damage and compensation for nuclear damage has become an unavoidable issue. National legal systems for nuclear liability should be established and perfected under the framework of international conventions for nuclear liability, which will contribute to the sound development of nuclear industry and international cooperation in the field of nuclear energy.Chapter 1 deals with the definitions for"damage"and"nuclear damage", which focuses on the features, harmfulness and classification for nuclear damage. The classification for nuclear damage includes personal injury and damage to both property and environment. In Convention on Supplementary Compensation for Nuclear Damage and 1997 Vienna Convention on Civil Liability for Nuclear Damage,"nuclear damage"means: i. loss of life, any personal injury; ii. loss of or damage to property; iii. economic loss, if incurred by a person entitled to claim in respect of such loss or damage; iv. the costs of measures of reinstatement of impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken; v. loss of income deriving from an economic interest in any use or enjoyment of the environment, incurred as a result of a significant impairment of that environment; vi. the costs of preventive measures, and further loss or damage caused by such measures; vii. any other economic loss, other than any caused by the impairment of the environment, if permitted by the general law on civil liability of the competent court, to the extent that the loss or damage arises out of or results from ionizing radiation emitted by any source of radiation inside a nuclear installation, or emitted from nuclear fuel or radioactive products or waste in, or of nuclear material coming from, originating in, or sent to, a nuclear installation, whether so arising from the radioactive properties of such matter, or from a combination of radioactive properties with toxic, explosive or other hazardous properties of such matter.Chapter 2 introduces the development of nuclear liability legislation for nuclear damage from the 1950s to February 2004, which is divided into three phrases. International conventions for nuclear liability mainly include the following: Convention on Supplementary Compensation for Nuclear Damage ( 23 July 1998), Vienna Convention on Civil Liability for Nuclear Damage ( 21 May 1963), Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage ( 23 July 1998), 1997 Vienna Convention on Civil Liability for Nuclear Damage ( 12 September 1997), Protocols to amend the Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Brussels Convention Supplementary to the Paris Convention, Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention ( 21 September 1988), Optional Protocol Concerning the Compulsory Settlement of Disputes to Vienna Convention on Civil Liability for Nuclear Damage ( 14 October 1999), Convention on the Establishment of a Security Control in the Field of Nuclear Energy, Treaty on Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, Convention on Nuclear Safety, The Convention on the Physical Protection of Nuclear Material, Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982, Convention of 31st January 1963 Supplementary to the Paris Convention of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982, Convention on the Establishment of a Security Control in the Field of Nuclear Energy (20 December 1957), Convention on the Liability of Operators of Nuclear Ships, 1962, Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, 1971, Protocol to Amend the Convention on Third Party Liability in the Field of Nuclear Energy of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982 (12 February 2004), Protocol to Amend the Convention of 31st January 1963 Supplementary to the Paris Convention of 29th July 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982 (12 February 2004).Chapter 3 expounds the basic theory of the civil liability for nuclear damage, including the concept, classification, value, foundation and functions of civil liability; it also discusses the international law foundation, including international legal liability or responsibility, international liability for damage, liability channeling for the civil liability for nuclear damage, no-fault principle. Further more, it describes the causation and exemption for the civil liability for nuclear damage and the nuclear operator's recourse.Chapter 4 discusses the basic principles of the civil liability system for nuclear damage, including exclusive liability of the nuclear installation operator; absolute liability (no proof of fault or negligence required) of the nuclear installation operator; the nuclear installation operator's obligation to secure an insurance or other financial guarantee up to its liability amount; limitation on the amount of liability and the time for instituting damage claims; jurisdiction over claims generally to reside with the courts where the accident occurs; state intervention or participation; non-discrimination on the grounds of nationality, domicile or residence.Chapter 5 analyses the basic forms of the compensation for nuclear damage, which includes the concept of the civil liability forms for nuclear damage, compensation for nuclear damage and its rules, the indemnitors and claimants and scopes of compensation for nuclear damage and compensation for environmental damage, and finally quotes several compensation cases for nuclear damage.Chapter 6 proposes how to establish and perfect the liability system of China mainland. China's Taiwan has a complete legal system for nuclear energy, but China mainland has not adopted any law or regulation on atomic energy and on compensation for nuclear damage except the 1986 State Council's Reply Concerning the Third Party Liability, which is not a law or regulation concerning nuclear liability. With the development of nuclear use for peaceful purposes in China, the civil liability system for nuclear damage should be established and perfected as soon as possible.