Notes

In the case of any international nuclear project, determining whether to accept a contract requires weighing such factors as the nuclear and non-nuclear risks associated with the particular proposed contractual activity: the comprehensiveness of the domestic nuclear liability legislation, if any, of the state(s) involved (especially including the liability limit and whether there is a state guarantee of the operator’s financial responsibility); the amount of money to be made under the contract; the contractor’s level of control, supervision and involvement; the presence of other contractors and the extent of their assets; the type(s) of nuclear materials involved; the proximity of the facility to population centres, water courses, and national borders; the potential for claims outside states party to the Paris or Vienna Convention; etc. In other words, work should be done only after diligent consideration of the potential nuclear and other risks. For a comprehensive discussion of the interrelationship of the conventions, see: NLJT Horbach (ed), Contemporary Developments in Nuclear Energy Law: Harmonising Legislation in CEEC/NIS, Kluwer Law International (ISBN 90-411-9719-2), p43-85, 1999. See also: OF Brown & NLJT Horbach, Liability for International Nuclear Transport: An Overview, International Symposium on Reform of Civil Nuclear Liability, Budapest, June 1999. Given the complexities involved, this paper should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances, or as to how liability for actual nuclear incidents would be handled

Nuclear Liability: A Continuing Impediment To Nuclear Commerce Restore Frames  |  Sym Home  |  Programme  |  Back   |  Forward