CYIL 2015

JAKUB HANDRLICA CYIL 6 ȍ2015Ȏ of 1997; nuclear propelled vessels; nuclear space ships; nuclear fusion; radioactive waste disposal facilities; decommissioning of nuclear power plants; defence nuclear installations On the author: The author graduated in Law in Prague and in International Nuclear Law at the International School of Nuclear Law at the University of Montpellier 1. Currently, he is teaching at the Law School, Charles University 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 the years 2011–2013 he was participating in the work of the Group of Experts, established by the European Commission in order to identify Euratom’s competencies in the field of nuclear third party liability. Introduction The Vienna Convention on Civil Liability for Nuclear Damage of 1963 (hereinafter “the Convention” or “the Vienna Convention”) contains some basic liability principles which differ considerably from the principles of the ordinary tort law: 1. Each nuclear installation 1 must have a person in charge: the operator . In the legal framework of the Convention, the operator 2 is “the person designated 3 or recognised 4 as the operator of a nuclear installation by the state .” The operator of a nuclear installation is exclusively liable for nuclear damage. 5 No other person may be held liable, and the operator cannot be held liable under other legal provisions. Liability is legally channelled solely to the operator of the nuclear installation. In relation to this, the Convention provides for very limited liability relief. The operator will be exonerated from liability only if he proves, for example, that the nuclear incident was directly due to armed conflict, hostilities, civil war, 1 In relation to the term „nuclear installation“, the Vienna Convention uses the term „Installation State“. This means any „Contracting Party within whose territory a nuclear installation is situated or, if it is not situated within the territory of any State, the Contracting Party by which or under the authority of which the nuclear installation is operated“ (Art. I, Par. 1, letter /d/). 2 Art. I, Par. 1, letter /c/. 3 In this respect, the liability regime established by the Vienna Convention is being interconnected with the national public law regulating nuclear safety, in particular with the permit issued by the competent authority in order to operate the installation. See IOIRYSH, A. I., SUPATAEVA, O. A., CHOPORNIAK, A. B. Otvetstvennosti za iadernyi ushcherb , Moskva: Nauka, 1993, at p. 112. 4 Consequently, the liability regime established by the Vienna Convention would be applicable even to those nuclear installations being operated illegally on the territory of the Installation State. 5 The Convention provides (Art. X) that the operator has a right of recourse only if this is expressly provided for by a contract in writing, or – in the case a nuclear incident, results from an act or omission done with intent to cause damage – against the individual who has acted or failed to act with such intent.

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