Study On Legal Issues Of International Nuclear Liability For Damage

With the development of the peaceful use of nuclear energy, nuclear safety issuesincreasingly aroused extensive concern in the international community, especially thetrans-boundary nuclear damage compensation has become an unavoidable problem. TheInternational Convention of the existing international nuclear liability for damages,although more complete, but still inadequate, under the premise of improving theinternational nuclear liability regime for damage. Establishing and improving thedomestic regime of liability for nuclear damage will help to protect the victim and theircitizens’ rights and interests, promoting the healthy development of the nuclear industryand its international cooperation.The text is divided into four parts. The first chapter is an overview of theinternational liability for nuclear damage. It first introduces the international nucleardamage liability connotation-depth discussion of the international nuclear damages theconcept of responsibility. Then it introduces the international nuclear liability fordamages basis in international law, including the “Paris Convention system, the systemof Vienna Convention and the1988Joint Protocol”.Chapter two, Chapter three as parts of the focus of this article, discussed the mainissues from the identification of responsibilities, and achieved two basic contents of theexisting international nuclear damage liability regime. The author first introduces therelevant provisions in the existing system and proposed inadequate regulations, and thenresolving them at last. The second chapter discusses the international nuclear damageliability identified, the main contents include the identification of the main responsibility,including the principle of attribution of liability without fault state and nuclear operator, Ibelieve that should be the first responsibility of ten main countries classified as liability;and exemptions, I also believe that the major natural disasters, acts of war victims at faultand the fault if the third party are nor as the main responsibility for the exemptionreasons; responsibility elements and exists.Chapter three for the international nuclear damage liability to achieve main contentsinclude the claim to the identification of the subject, I think we should recognize theclaims of the victim’s country of nationality the dominant position, as well as damage to the country where the permanent residents of the country of residence compensatoryclaims the main status; claimant range. In addition to personal injury, property damage,and environmental damage, mental damage should also be used as a nuclear damagerange, follow strict standards to be appropriate compensation; claims procedure, I thinkwe should keep the original international converged on the basis of the rules of privateinternational public law, effective maintenance of the parties and the rights of the victims,and to ensure the smooth development of nuclear energy.Chapter four of the status of the system of liability for nuclear damage and improvethe proposed two aspects are discussed, pointing our that Chinese current nuclear damageliability regime is still a major defect, namely nuclear Basic Law or a single law has sofar lacking, the State Council “on dealing with third-party nuclear liability issues unableto adapt to the reality of approval” need. We should start from the two aspects of thelegislative model and the main content, establish and improve the nuclear damageliability regime of the Chinese mainland.