CYIL vol. 10 (2019)

MARIANNA NOVOTNÁ CYIL 10 ȍ2019Ȏ original loss of life or personal injury as, from the point of view of financial liability limits of the operator, financial cover of other types of damage would have a significant impact on the amount of financial resources available for compensation for the original (primary) loss of life and personal injury. Therefore, as soon as in the course of negotiations on amendment of the first-generation conventions, an opinion was adopted according to which the extension of the nuclear damage definition shall only have an actual impact if financial resources available based on the operator´s liability, or other, increased at the same time. 19 The outcome of intensive works on revision of the notion of nuclear damage, as part of amendment of the nuclear liability regime of the Vienna and Paris Conventions and adoption of a new separate legal act – Convention on Supplementary Compensation, was an extended concept of nuclear damage (at the same time, the condition of an increase in financial resources available for its compensation was fulfilled). A new, broader definition of nuclear damage 20 was a compromise reflecting different concepts of the law of torts in individual states in relation to the new heads of nuclear damage. The issue of a potential threat to compensability for personal injury or loss of life was resolved by prioritising claims for compensation of the personal injury or loss of life should the total damage exceed the amount of financial means available for its payment. Therefore, pursuant toArt. 2 (2) of the Protocol of 1997 to amend theViennaConvention 21 and Art. I (B) (vii) of the Protocol of 2004 to amend the Paris Convention 22 , apart from 19 IAEA: The 1997 Vienna Convention on Civil Liability for Nuclear Damage and the 1997 Convention on Supplementary Compensation for Nuclear Damage. Explanatory Texts. A comprehensive study of the Agency‘s nuclear liability regime by the IAEA International Expert Group on Nuclear Liability (INLEX) to aid the understanding and authoritative interpretation of that regime, 2004, p. 36. 20 Article 2 (2) of the Protocol to Amend the Vienna Convention. Art. I (1) (k) of the Vienna Convention of 1997. 21 Pursuant to Art. 2 (2) of the 1997 Protocol to Amend the Vienna Convention, the following is considered a nuclear damage: a) loss of life or personal injury b) loss of or damage to property c) economic loss arising from loss of life or personal injury or loss of or damage to property, if incurred by a person entitled to claim in respect of such loss or damage; d) the costs of measures of reinstatement of impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken, and insofar as not included in the category of „loss of or damage to property“ e) loss of income deriving from an economic interest in any use or enjoyment of the environment, incurred as a result of a significant impairment of that environment, and insofar as not included in the category of „loss of or damage to property“ f) the costs of preventive measures, and further loss or damage caused by such measures g) any other economic loss, other than any caused by the impairment of the environment, if permitted by the general law on civil liability of the competent court. 22 In accordance with Art. I (B) (vii) of the 2004 Protocol to Amend the Paris Convention , the following is considered a nuclear damage: a) loss of life or personal injury b) loss of or damage to property c) economic loss arising from loss of life or personal injury or loss of or damage to property, if incurred by a person entitled to claim in respect of such loss or damage d) the costs of measures of reinstatement of impaired environment, unless such impairment is insignificant, if such measures are actually taken or to be taken, and insofar as not included in included in the category of “loss of or damage to property“ e) loss of income deriving from a direct economic interest in any use or enjoyment of the environment, incurred

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