Title: Nuclear liability for international transport accidents under the modernised nuclear liability conventions: an assessment

Authors: Nathalie L.J.T. Horbach

Addresses: Nuclear Law Programme, Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee, Dundee DD1 4HN, UK and Independent Nuclear and Environmental Law Consultant, Hobbemastraat 6-II, 1071 ZA Amsterdam, The Netherlands

Abstract: The last decade saw the adoption of four new nuclear liability treaties, resulting in a modernisation of the existing nuclear liability regime. If applicable, the nuclear liability situation, in the case of international transport, might become more complicated, but at the same time also more transparent, should these treaties enter into force for certain States, but not for others. For instance, the extension of the geographical scope and the definition of nuclear damage, as well as the increased liability amounts, will result in higher liability coverage for a wider category of victims than before. On the other hand, the risks of claims outside the nuclear liability regime under other laws and/or in different courts, might be reduced. This paper analyses the possible consequences of nuclear liability protection applicable to multimodal nuclear transport, the cause generatrice being a catastrophic accident causing wide-scale transboundary damage involving different countries.

Keywords: liability allocation; applicable law; EEZ; exoneration; jurisdiction; liability limits; nuclear damage; reciprocity; state funds; transport accidents; transport routes; nuclear transportation; nuclear law; nuclear safety; nuclear liability; international transport; nuclear accidents; nuclear incidents.

DOI: 10.1504/IJNUCL.2006.010261

International Journal of Nuclear Law, 2006 Vol.1 No.2, pp.189 - 198

Published online: 11 Jul 2006 *