ISBN: 978-3-9816855-8-9
Vydal: rw&w Science & New Media / SüdOst Service GmbH
Rok: 2015
CONTENTS
Introduction
1 International Nuclear Liability Regime
1.1 The Vienna Convention on Civil Liability for Nuclear Damage
1.2 The 1997 Protocol to Amend the Vienna Convention
1.2.1 Background: “Nuclear Liability Labyrinth” in Europe
1.2.2 Authorisations Issued vis-á-vis the “Paris” Member States
1.2.3 Authorisations Issued vis-á-vis the “Vienna” Member States
1.3 The Brussels Convention on the Liability of Operators of Nuclear Ships
1.3.1 Nuclear Marine Propulsion: Big Expectations and the First Regulative Attempts
1.3.2 The Brussels Convention on Liability for Operators of Nuclear Ships: Key Elements
1.3.3 Reasons for Deadlock
2 The European Nuclear Liability Regime
2.1 The European Atomic Energy Community and the Nuclear Th ird Party Liability
2.1.1 Nuclear Liability “Labyrinth” Existing in the European Union
2.1.2 Nuclear Liability “Labyrinth” as Challenge for the European Atomic Energy Community
2.2 Nuclear Liability Treaties vis-a-vis the Euratom and Its Member States
2.2.1 Common Features of Existing International Nuclear Liability Conventions
2.2.2 Diff erences in Nuclear Liability Regimes and the “Renvoi” to National Legislations
2.2.3 Position of the Non-Contracting Member States
2.2.4 Preliminary Conclusions: A Need for Further Harmonisation of the Nuclear Th ird Party Liability in the European Union
2.2.5 General Treaty Making Powers Laid Down in the Article of the Euratom Treaty
2.2.6 Questioning the Euratom’s Powers in the Field of Nuclear Liability
2.2.7 Eligibility of Supra-National Organizations to Accede to the Amended Paris Convention
2.2.8 The OECD-Membership as a Precondition for Accession to the Amended Paris Convention
2.2.9 Preliminary Conclusions: the Euratom’s Accession to the Amended Paris Convention as a Very Hypothetical Scenario
2.3 The European Nuclear Liability Legislation vis-a-vis the Nuclear Liability Treaties
2.3.1 International Law Superseded: Some General Remarks
2.3.2 Questioning the Vienna Convention as a “Pre-Community Agreement”
2.3.3 The “Labyrinth” of Nuclear Liability Conventions and the Competencies of the European Union
2.4 Nuclear Liability Rules and Environmental Law
2.5 Nuclear Liability Rules and Jurisdictional Cooperation and Enforcement of Judgements
2.5.1 The European Rules on Nuclear Liability as an Engine for the Ratifi cation of International Treaties? Towards a Synergy between the “Global” and “Regional” Approach
2.6 The European Union and Its Member States as Parties of the Conventions on Nuclear Liability?
2.7 Legislation and Other Forms of EU Action Related to the Material and Procedural Aspects of Nuclear Liability
2.7.1 The “Brussels I” Regulation and Its Relation to International Nuclear Liability Conventions
2.7.1.1 Material Application of the “Brussels I” Regulation in Nuclear Liability Matters
2.7.1.2 Relationship of the “Brussels I” Regulation, the Vienna Convention (1963) and the Paris Convention (1960)
2.7.2 Relation of the EU and its Legislation to the and 2004 Protocols
2.7.3 The “Rome II” Regulation and the Nuclear Liability Legislation
3 The Nature of the Nuclear Liability Regime: Civil-Law or International-Law Based Liability?
3.1 Exploring the Limits of the Civil-Law Regime of Nuclear Liability
3.2 States’ Intervention into the Relations of the Nuclear Damage Liability
3.3 (Possible) Liability of a State under International Law?
3.4 Overcoming the Limits of Civil-Law Nuclear Liability Regime?
4 Principles of the Legal Regime of International Nuclear Liability for Damages
4.1 Liability Based on the No-Fault Principle
4.1.1 A General Overview of the Historical Background of the Incumbent Liability Principle: A Shift from the Liability Based Solely on Culpability to the No-Fault Liability
4.1.2 Nature of the Liability of a Nuclear Facility Operator from the Point of View of Terminology
4.1.3 Sociological and Legal Grounds of the Operator’s Liability without Fault and Its Consequences
4.1.4 Grounds for Liberation
4.1.4.1 Armed Confl ict, Act of Hostility, Civil War, Insurrection
4.1.4.2 An Exceptional and Grave Natural Disaster
4.1.4.3 (Contributory) Fault of the Harmed Person
4.1.4.4 “On-Site” Property
4.2 The Operator of a Nuclear Facility as the Exclusive Subject of Liability
4.2.1 The Principle of Legal Transfer of Liability on the Operator of Nuclear Equipment
4.2.2 Defi nition of the Term Operator
4.2.3 Liability of Multiple Nuclear Facility Operators
4.2.4 Determination of the Subject Liable for the Transportation of Nuclear Material
4.2.4.1 Determination of the Liable Subject in Domestic Transportation of Nuclear Material
4.2.4.2 Determination of the Liable Subject in the International Transportation of Nuclear Material
4.3 Financial Limitation of the Liability
4.3.1 Finding the Right Amount of the Financial Cap of the Liability
4.3.1.1 Conventions of the “First Generation”
4.3.1.2 Conventions of the “Second Generation”
4.3.2 Conclusions
4.4 Compulsory Financial Security of the Nuclear Facility Operator’s Liability
4.4.1 Liability Insurance versus Other Forms of Financial Security
4.5 Time Limitation of the Nuclear Damages Claims
4.5.1 Introductory Remarks
4.5.2 Time Limitation of the Damages Claims in the International Nuclear Liability Conventions
4.5.2.1 Conventions of the “First Generation”
4.5.2.2 Conventions of the “Second Generation”
4.6 The Competence and the Jurisdiction of the Court over the Nuclear Damages Cases
4.6.1 International Jurisdiction of the Court for Proceedings and Decision on Compensation of Nuclear Damage
4.6.1.1 Conventions of the “First Generation”
4.6.1.2 Jurisdiction of the Court Established between States Bound by the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention
4.6.1.3 Modification of the Jurisdiction Rules According to the 1997 and 2004 Protocols Amending the Basic Conventions on Nuclear Liability
4.6.2 Recognition and Enforcement of Judgements on Nuclear Damage Compensation
5 Nuclear Liability Regime in Slovakia
5.1 Liable Person and Mechanism of Exercising the Right to Compensation of Nuclear Damage
5.2 Insurance or Other Financial Security of the Liability of the Operator for Nuclear Damage
5.3 The Concept of Nuclear Damage
5.4 Time Limitation for Exercising the Claim to Compensation of Nuclear Damage
5.5 General versus Special Jurisdiction of the Court for Proceedings and Decision on Compensation of Nuclear Damage
Conclusions
References
Index
