CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ CHARTING A COURSE TOWARDS A UNIVERSAL REGIME OF LIABILITY FOR NUCLEAR… (“Supplementary Brussels Convention”). 27 The contribution of the Supplementary Brussels Convention to the framework provided an increase in the limit of liability if the damages exceeded the operator’s coverage with the Host Nation to supplement. 28 The subsequent framework was not limited to Europe and was organized by the International Atomic Agency (“IAEA”) to apply globally. 29 The Vienna Convention on Civil Liability for Nuclear Damage of May 21, 1963 (“Vienna Convention”) 30 introduced the same principles from the Paris Convention but now global in scope. 31 The Chernobyl accident in 1986 caused the international community to revisit the two existing frameworks from the NEA and IAEA. 32 The Chernobyl accident forced the world to reckon with the immense danger to public welfare and realize that improvements to the existing international nuclear liability lawwere necessary. 33 In 1988, the Joint Protocol between the Paris and Vienna Conventions was adopted which linked the applicability of the two conventions. 34 The IAEA framework adopted two additional treaties in 1997, (1) the Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage (“Protocol to the Vienna Convention”) and (2) the Convention on Supplementary Compensation for Nuclear Damage (“CSC”). 35 The CSC is a separate legal regime that allowed for any country to join regardless of prior standing with the Paris or Vienna Convention. 36 The CSC also provided a means of supplemental compensation for damages from a nuclear accident. 37 The post-Chernobyl frameworks were revised to include environmental damages, preventative measures, and further increased the limit of liability. 38 Similarly, the NEA revised its earlier conventions in 2004 with the Protocol to amend the Convention on Third Party Liability in the Field of Nuclear Energy of July 29, 1960 (“Protocol to the Paris Convention”) and the Protocol to amend the Convention of January 31, 1963 supplementary to the Convention of July 29, 1960 on Third Party Liability in the Field of Nuclear Energy (“Protocol to the Brussels Supplementary Convention”). 39 With respect to maritime transport, the Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material of 17 December 1971 (“Nuclear Materials Maritime Carriage Convention”) was adopted to supplement the Paris and Vienna Conventions. 40 Consistent with the Paris and Vienna Conventions, the Nuclear Materials Maritime Carriage Convention holds the operator liable for damages resulting from a nuclear 30 Vienna Convention on Civil Liability for Nuclear Damage, May 21, 1963, 1063 U.N.T.S. 265, 2 I.L.M. 727 [Vienna Convention], available at http://www.iaea.org/Publications/Documents/Conventions/liability.html. 31 Id. at 227. 32 Id. 35 BRODER, S. P., supra note 25, at 590; Convention on Supplementary Compensation for Nuclear Damage, IAEA (Sept. 12, 1997), available at http:// www.iaea.org/Publications/Documents/Conventions/supcomp.html [hereinafter CSC]. 36 Id. 37 BRODER, S. P., supra note 25, at 590. 38 Id. at 588. 33 BRODER, S. P. supra note 25, at 587–88. 34 FAURE, M. G., supra note 26, at 228. 27 Id. 28 BRODER, S. P., supra note 25, at 586. 29 FAURE, M. G., supra note 26, at 226.

39 FAURE, M. G., supra note 26, at 228. 40 BRODER, S. P. supra note 25, at 587.

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