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Development of nuclear industry: The roles of international civil liability legal regime for nuclear damage

Development of nuclear industry: The roles of international civil liability legal regime for nuclear damage

Authors :
Liu Jiu
Shen Le
Liu Yi
Gao Yuetong
Wu Jingyi
Source :
E3S Web of Conferences, Vol 573, p 02006 (2024)
Publication Year :
2024
Publisher :
EDP Sciences, 2024.

Abstract

As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, "Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded." Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. The paper reveals that with the awareness of protecting public's rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry.

Subjects

Subjects :
Environmental sciences
GE1-350

Details

Language :
English, French
ISSN :
22671242
Volume :
573
Database :
Directory of Open Access Journals
Journal :
E3S Web of Conferences
Publication Type :
Academic Journal
Accession number :
edsdoj.1ff8f8977c0b4c46bd15baa0a3a1fec1
Document Type :
article
Full Text :
https://doi.org/10.1051/e3sconf/202457302006