CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ A NEW TRANSNATIONAL REGIME FOR NUCLEAR LIABILITY AND COMPENSATION … The fact is, however, that the newly established regime merely covers nuclear installations, operated in thirteen countries of Europe. The Revised Paris-Brussels regime co-exists with other regimes of nuclear liability in Europe that are established under the VC and the RVC. While the newly established regime provides for a robust framework for compensation of victims of an incident that may occur in one of the installations in Western Europe, the international regime demonstrates considerable gaps in relation to potential damages that may occur as a consequence of an incident in Central and Eastern Europe. As accession of all countries of Europe to the Amended Paris-Brussels regime does not seem to be probable soon, a reconciliation between the various existing international regimes of liability must be achieved. Here, the Joint Protocol represents a legal tool to “bridge” the “Parisian” and “Viennese” systems. Thus, further accession to the JP is a desirable goal for strengthening of the nuclear liability in Europe. Taking the benefits of the enlarged geographical scope in both the RPC and RVC, this Article also calls for wider ratification, or accession to the RVC in Central and Eastern Europe. Consequently, this Article argues that, while the entry into force of the Revised Paris Brussels regime represents a considerable shift in strengthening of nuclear liability in Europe, further developments are needed in order to establish a transparent and reliable regime of nuclear liability in the geographical space of Europe.

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