Research On Compensation System Of Trans-boundary Nuclear Damage

As nuclear energy Since21century, Since21century, nuclear energy, as a new energy has been widely used in the world. With the clean and efficient energy it provides, huge risk is accompanied. The compensation system of trans-boundary nuclear damage has become a very important issue attracting universally attention. Promoting international cooperation in the field of nuclear energy, and establish and improve the responsibility system for domestic nuclear damage under the framework of international convention concerning nuclear damage compensation system is necessary for the protection of public interests and the promotion and better development of the nuclear industry.This thesis can be divided into three parts, including the introduction, the text and the conclusion. The text includes six sections.The first section is a brief introduction of the peaceful use of nuclear energy, including the historical stage of peaceful use of nuclear energy and the advantages and risks of the peaceful use of nuclear energy.The second section deals with the definitions for "nuclear damage" and "trans-boundary 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 and1997Vienna 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.The third section expounds the basic theory of the civil liability for nuclear damage, including the concept, classification, civil liability.The forth section discusses the conventions of nuclear liability legislation for nuclear damage, International conventions for nuclear liability mainly include the following:Convention on Supplementary Compensation for Nuclear Damage (23July1998), Vienna Convention on Civil Liability for Nuclear Damage (21May1963), Protocol Amend the Vienna Convention on Civil Liability for Nuclear Damage (23July1998),1997Vienna Convention on Civil Liability for Nuclear Damage (12September1997), 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 (21September1988), Optional Protocol Concerning the Compulsory Settlement of Disputes to Vienna Convention on Civil Liability for Nuclear Damage (14October1999).The fifth section mainly discusses the ways of improvement to the compensation of trans-boundary nuclear damage. Through the analysis of the international nuclear accident compensation practice and introduces relevant bilateral and multilateral international agreement get the conclusion that the international law solution to the problem of cross-border damage compensation method is the best solution.The sixth section proposes how to establish and perfect the liability system of China, including the legislation of nuclear use, join the conventions of nuclear liability and also sign some bilateral or multi-lateral agreements with the other countries.