CYIL 2011

JAKUB HANDRLICA CYIL 2 ȍ2011Ȏ on the appropriate distribution of the assets available. Only such explicit regulation can create a balance between the interest of the contracting member states and non contracting states and guarantee the same kind of balance of the interest of operators, investors and potential victims. (3) Otherwise, enforcement of judgments conflicting with the basic principles laid down in the international nuclear liability conventions should be expressly prohibited. Only such an explicit legal regulation can contribute towards the transparency of the legal framework. Clearly, the current lack of transparency is not contributing to a legal environment which would be supportive of a forthcoming “nuclear renaissance.” It is a matter of fact that in the early 1990s, the Czech Republic acceded to the Vienna Convention with the clear intention of providing all parties involved in the peaceful use of nuclear energy with transparent and internationally recognised rules of liability and compensation. After the unification of the rules on jurisdiction and enforcement of judgments under the Brussels Regulation, this transparency became eroded. Consequently, we must aim for clarifying the rules and creating a legal framework which appropriately balances the interests of all parties involved in the peaceful use of nuclear energy.

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