CYIL vol. 13 (2022)

JAKUB HANDRLICA CYIL 13 ȍ2022Ȏ This Article aims to analyse impact of this newly established regime not only for these countries, but also with respect to the whole of Europe. In this respect, this Article aims to argue that while for certain regions, the entry into force of the RPC and the RBSC implies considerable increases of the level of protection, it also caused a further deepening of differences in the standards of nuclear liability within Europe. Thus, this Article aims to identify these differences and the measures to overcome them. This argument will be presented as follows: Firstly, the main achievements of the Revised Paris-Brussels regime, as compared to the previously existing international systems of nuclear liability under the PC and the BSC, will be presented in Part 2. Attention will be paid to strengthening the regime of nuclear liability by enlargement of its geographical scope of damages covered, enlargement of covered installations and potential damages, as well as prolongation of time to submit claim for damages and by a considerable increase in the financial means available to potential victims of a nuclear incident. The aim of this part is to present the newly established regime, which was put into existence in Europe as of 1 January, 2022, as an international system of nuclear liability, providing the highest guaranteed amount of compensation in case of a worldwide nuclear incident. Nevertheless, the canvas of international nuclear liability is much wider than the Revised Paris-Brussels regime. Several other international regimes of nuclear liability have emerged worldwide since the 1960s. Thus, this Article will also pay attention to the mutual relations between the newly established regime and the other regimes of nuclear liability, which are currently existing in Europe (Part 3). In this part, relations with the regimes of nuclear liability, existing under the Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention, VC) 18 and under the revised version of the Vienna Convention (Revised Vienna Convention, RVC), which was established by the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 19 Both these “Viennese” regimes of nuclear liability recently co-exist in the countries of Central and Eastern Europe. The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (Joint Protocol, JP) 20 connects the international regimes, established under the Paris and Vienna Conventions as a kind of a virtual “legal bridge”. Lastly, the mutual relations between the Revised Paris-Brussels regime and the compensation scheme existing under the Convention on Supplementary Compensation for Nuclear Damage (Convention on Supplementary Compensation, CSC) 21 will also be a subject of attention. In this respect, gaps and difficulties arising from the co-existence of the newly established regime, on one hand, and the other international regimes of nuclear liability, on the other hand, will be identified. 18 The Vienna Convention on Civil Liability for Nuclear Damage (adopted 21 May, 1963, entered into force on 12 Nov., 1977). 19 The Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage (adopted 12 Sept., 1997, entered into force 4 Oct., 2003). 20 The Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (adopted 25 Sept., 1988, entered into force on 27 Apr., 1994). 21 The Convention on Supplementary Compensation for Nuclear Damage (adopted 12 Sept., 1997, entered into force 15 Apr., 2015).

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