CYIL vol. 14 (2023)

JAKUB HANDRLICA

CYIL 14 (2023)

1. Introduction On 21 May, 1963, the Vienna Convention on Civil Liability for Nuclear Damage 1 (thereinafter “the Vienna Convention” or “the Convention”) was adopted at the International Conference on Civil Liability for Nuclear Damage, which was hosted by the International Atomic Energy Agency (thereinafter “the IAEA”, or “the Agency”) in the capital of Austria from 29 April until 19 May, 1963. 2 The main aim of the Convention was to reflect the risks of a newly born nuclear industry by establishing of uniform principles of liability for nuclear damage. The aspirations of the Convention were universal, which means the original ambitions of this instrument were to establish a worldwide regime of nuclear liability. 3 In this respect, the Preamble of the Convention refers to the intention of the Signatories to “ establishing some minimum standards to provide financial protection against damage resulting from certain peaceful uses of nuclear energy ” 4 and “ to contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems .” 5 Thus, the aim of the Vienna Convention was to attract states, belonging to both then existing geopolitical blocks of the world, as well as those non-affiliated states. 6 The Vienna Convention established an international regime of nuclear liability, which contains several deviations and peculiarities, as compared to the ordinary liability rules of the tort law. In this regard, this special liability regime was based on the following liability principles: 1. Each nuclear installation must have a person in charge: the operator . In the legal framework of the Convention, the operator 7 is “ the person designated or recognised as the operator of a nuclear installation by the state .” The operator of a nuclear installation is exclusively liable for nuclear damage. 8 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, insurrection or a grave natural disaster, 9 or that 1 The Vienna Convention on Civil Liability for Nuclear Damage (adopted 21 May, 1963, entered into force on 12 November, 1977), INFCIRC/500. 2 The Convention was opened for signature on the same date. 3 See WOLFF, K. The Vienna International Convention on Civil Liability for Nuclear Damage, in WEINSTEIN, J. (ed.): Nuclear liability, progress in nuclear energy , Series X, Vol. 4, Oxford: Pergamon Press, 1966, pp. 1–22. 4 The Vienna Convention, Preamble. 5 Ibid. 6 See FAVINI, J. Application de la convention de Vienne et mise en pratique au niveau mondial des principes de la responsabilite civile en matiere nucleaire, in OECD (eds), Nuclear Third Party Liability and Insurance. Status and Prospects , Paris: OECD, 1985, at pp. 52–53. 7 The Vienna Convention, art. I.1.c. 8 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 omitted to act with such intent. 9 The Vienna Convention, art. IV.3.

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