Title: 'European Exceptionalism' and nuclear third party liability

Authors: Jakub Handrlica

Addresses: Department of Administrative Law and Administrative Science, Law Faculty, Charles University in Prague, Nam. Curieovych 7, CZ – 116 40 Prague 1, Czech Republic

Abstract: In Europe, we are currently facing a labyrinth of international treaties that create a number of different regimes in nuclear liability. The problem can also be seen as part of a more complex process, which has been described as |European Exceptionalism| in the literature. This paper deals with the problem from two points of view. First, it will deal with the question of whether the accession of Euratom to a liability convention will be a viable option and what kind of implications such a step will have. Second the issue will be dealt concerning a potential nuclear liability directive, as well as its implications upon commitments to these nuclear liability treaties. At the end, the most sensitive part of questions will be addressed: implications of potential conflict between commitments arising from such a directive and from the existing international agreements.

Keywords: nuclear liability harmonisation; European Exceptionalism; Euratom; treaty-making powers; mixed agreements; nuclear liability directive; third party liability; international agreements; nuclear agreements.

DOI: 10.1504/IJNUCL.2011.040362

International Journal of Nuclear Law, 2011 Vol.3 No.3, pp.163 - 192

Published online: 14 Feb 2015 *

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