Title: Law relating to nuclear liability and compensation in India

Authors: Yash Thomas Mannully

Addresses: High Court of Kerala, Mannully Road, Chilavannoor, Cochin – 682020, Kerala State, India; International Trade Law at School of Legal Studies, Cochin University, Cochin – 682022, Kerala State, India

Abstract: The operationalisation of the India-USA Joint Statement of 18 July 2005 has opened up the Indian nuclear market for foreign cooperation and participation. Moreover, both domestically and internationally, a number of instruments have been concluded, the recent being the Indian Legislation, Civil Liability for Nuclear Damage Bill, 2010 passed by both the Houses of Indian Parliament and is under consideration of the President of India for giving assent. This paper in the first part briefly examines the Indian nuclear power programme followed by a detailed examination of the present legal framework regarding nuclear liability and third party compensation in India. The second part analyses the provisions of the Civil Liability for Nuclear Damage Bill, 2010 in the light of Indian law and international nuclear liability principles which is under consideration of the Indian Parliament.

Keywords: India; civil liability; nuclear damage; Civil Liability for Nuclear Damage Bill; nuclear power; nuclear energy; nuclear liability; nuclear third party compensation; convention on supplementary compensation; foreign cooperation; foreign participation.

DOI: 10.1504/IJNUCL.2010.037553

International Journal of Nuclear Law, 2010 Vol.3 No.2, pp.112 - 126

Available online: 16 Dec 2010 *

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