CYIL 2012

JAKUB HANDRLICA CYIL 3 ȍ2012Ȏ On the Author: The author graduated in Law at the Charles University Law School in Prague, and in International Nuclear Law at the International School of Nuclear Law at the University of Montpellier 1. He was stagaire at the Organisation for Economic Co-operation and Development in Paris. Currently, he is teaching Administrative Law at the Charles University Law School in Prague. He is a member of the International Nuclear Law Association and of its Working Group on Nuclear Liability and Insurance. Further, he is a member of the Editorial Board of the International Journal of Nuclear Law and correspondent to the OECD Nuclear Law Bulletin. In 2011, he was appointed by the European Commission to be a member ad personam in the Expert Group for Nuclear Third Party Liability in the European Union. I. Introduction 1.1 Nuclear liability “labyrinth” existing in the European Union Analysing the current legal framework governing issues of nuclear third party liability in the European Union, we face a very complex and complicated “ labyrinth ” of nuclear liability treaties: Most of the “old” member states are contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 (hereinafter also “ the Paris Convention ”) 1 and to the Convention Supplementary to the Paris Convention of 1960 (hereinafter also “ the Brussels Supplementary Convention ”) . 2 Both the Paris and Brussels Supplementary Conventions are regional treaties, opened only for the member states of the Organisation for Economic Co-operation and Development. On the other hand, a majority of the “new” member states are contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 (hereinafter “ the Vienna Convention ”). 3 This convention was designed as a worldwide treaty under the auspices of the International Atomic Energy Agency. After the fall of the “iron curtain”, Central and Eastern European post – Communist states preferred to join the Vienna Convention rather than the Paris Convention, mainly due to lower financial obligations arising from the Vienna system of nuclear liability. Furthermore, while all the Vienna Convention member states joined the Joint Protocol relating to the Application of the Vienna and Paris Convention (hereinafter 1 The Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, as amended by the Additional Protocol of 28 January, 1964 and by the Protocol of 16 November 1982. The 1960 Convention and the 1964 Protocol entered into force on 1 April, 1968. The 1982 Protocol entered into force on 7 October, 1988. 2 Convention of 31st January, 1963 Supplementary to the Paris Convention of 29th July 1960, as amended by the additional Protocol of 28th January, 1964 and by the Protocol of 16th November, 1982. The 1963 Convention and the 1964 Additional Protocol entered into force on 4 December, 1974. The 1982 Protocol entered into force on 1 January, 1988. 3 The Vienna Convention on Civil Liability for Nuclear Damage of 21 May, 1963 entered into on 12 November, 1977.

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