Cross-border Nuclear Pollution Damage Compensation Liability System Research

Based on current liability regime of injurious consequences arising out of acts not prohibited by international law, this article mainly focuses on liability system for damages caused by nuclear activities. Pursuant to Paris Convention on Third Party Liability in the Field of Nuclear Energy and Vienna Convention on Civil Liability for Nuclear Damage as well as their supplementary conventions and protocols, this article analyzes fundamental principles herein such as strict or absolute liability of the operator, exclusive jurisdiction, compensation cap etc.; and discusses difficulties in application from the perspectives like causality, development of strict liability in domestic and international law. In the Chapter of party that is liable, it elaborates the right of equal access and non‐discrimination rule, and compares and concludes liabilities of the operator and the state with reference to legal texts and state practice. With such analysis on current regime, it then probes into possible liabilities arising out of Fukushima nuclear accident in regard of obligations on nuclear plant security, early notification, effective emergency measures, and no injury to other states as well as exoneration. Although it can be proved that Japan and Tokyo Electric Power Company is liable for such disaster, this article puts forward the concerns about the enforcement of compensation and suggests the development of liability regime for nuclear damage.