4 Nuclear Energy & Energy Transitions …
123
4.3.1 Liability and Compensation for Nuclear
Damage
In any accident arising from nuclear operations, the pressing issue
is guaranteeing that there are proper measures for compensating the
resulting damage.
39 The compensation relates to loss of life or personal
property and any resultant economic loss, costs for repairing the environment and the financial loss resulting from the use of the environment
thereof and the cost of preventative measures, among other things.
The Paris Convention on Nuclear Third-Party Liability (The Paris
Convention)
40 establishes a liability regime for the compensation of
victims arising out of nuclear accidents. It relies on principles like the
exclusive liability—‘strict liability’—of the operator of a nuclear installation.
41 There exists the Brussels Supplementary Convention on Third
Party Liability in the Field of Nuclear Energy (Brussels Supplementary
Convention) which covers incidents arising out of nuclear activities of
the contracting States, including those causing transboundary harm.
42
Others include the Vienna Convention on Civil Liability for Nuclear
39 Raphael J. Heffron, Stephen F. Ashley and William J. Nuttall, ‘The Global Nuclear Liability
Regime Post-Fukushima Daiichi,’ Progress in Nuclear Energy 90 (2016): 1–10 at pp.6–8.
40 Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended by
the Additional Protocol of January 28, 1964, and by the Protocol of November 16, 1982,
https://www.oecd-nea.org/law/nlparis_conv.html.
41 See Article 3 of the Paris Convention. See Heffron et al. (2016) supra., at pp. 3–4 on the
channelling principle.
42 Brussels Supplementary Convention, Convention of January 31, 1963, Supplementary to the
Paris Convention, 1960, as amended by the additional Protocol of 1964 and by the Protocol of
1982 (‘Brussels Supplementary Convention’), https://www.oecd-nea.org/law/nlbrussels.html. See
also Philippe Sands and Paolo Galizzi, ‘The 1968 Brussels Convention and Liability for Nuclear
Damage,’ 1999, Nuclear Law Bulletin, NEA, OECD, No. 64, December 1999 at pp. 7–27 See
also Novotná Marianna and Varga Peter, The Relation of the EU Law and the Nuclear Liability
Legislation: Possibilities, Limits and Mutual Interaction, 2014, Societas et Iurisprudentia, Vol. 2.
pp. 96–123; Shirley S. Ho, Jiemin Looi, Agnes S.F. Chuah, Alisius D. Leong, and Natalie
Pang, ‘“I Can Live with Nuclear Energy If…”: Exploring Public Perceptions of Nuclear Energy
in Singapore”, 2018, Energy Policy, Elsevier Publishers.
123
4.3.1 Liability and Compensation for Nuclear
Damage
In any accident arising from nuclear operations, the pressing issue
is guaranteeing that there are proper measures for compensating the
resulting damage.
39 The compensation relates to loss of life or personal
property and any resultant economic loss, costs for repairing the environment and the financial loss resulting from the use of the environment
thereof and the cost of preventative measures, among other things.
The Paris Convention on Nuclear Third-Party Liability (The Paris
Convention)
40 establishes a liability regime for the compensation of
victims arising out of nuclear accidents. It relies on principles like the
exclusive liability—‘strict liability’—of the operator of a nuclear installation.
41 There exists the Brussels Supplementary Convention on Third
Party Liability in the Field of Nuclear Energy (Brussels Supplementary
Convention) which covers incidents arising out of nuclear activities of
the contracting States, including those causing transboundary harm.
42
Others include the Vienna Convention on Civil Liability for Nuclear
39 Raphael J. Heffron, Stephen F. Ashley and William J. Nuttall, ‘The Global Nuclear Liability
Regime Post-Fukushima Daiichi,’ Progress in Nuclear Energy 90 (2016): 1–10 at pp.6–8.
40 Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended by
the Additional Protocol of January 28, 1964, and by the Protocol of November 16, 1982,
https://www.oecd-nea.org/law/nlparis_conv.html.
41 See Article 3 of the Paris Convention. See Heffron et al. (2016) supra., at pp. 3–4 on the
channelling principle.
42 Brussels Supplementary Convention, Convention of January 31, 1963, Supplementary to the
Paris Convention, 1960, as amended by the additional Protocol of 1964 and by the Protocol of
1982 (‘Brussels Supplementary Convention’), https://www.oecd-nea.org/law/nlbrussels.html. See
also Philippe Sands and Paolo Galizzi, ‘The 1968 Brussels Convention and Liability for Nuclear
Damage,’ 1999, Nuclear Law Bulletin, NEA, OECD, No. 64, December 1999 at pp. 7–27 See
also Novotná Marianna and Varga Peter, The Relation of the EU Law and the Nuclear Liability
Legislation: Possibilities, Limits and Mutual Interaction, 2014, Societas et Iurisprudentia, Vol. 2.
pp. 96–123; Shirley S. Ho, Jiemin Looi, Agnes S.F. Chuah, Alisius D. Leong, and Natalie
Pang, ‘“I Can Live with Nuclear Energy If…”: Exploring Public Perceptions of Nuclear Energy
in Singapore”, 2018, Energy Policy, Elsevier Publishers.