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CONTENTS
Introduction
7
1 International Nuclear Liability Regime
11
1.1 The Vienna Convention on Civil Liability for Nuclear Damage
11
1.2 The 1997 Protocol to Amend the Vienna Convention
22
1.2.1 Background: “Nuclear Liability Labyrinth” in Europe
23
1.2.2 Authorisations Issued vis-á-vis the “Paris” Member States
26
1.2.3 Authorisations Issued vis-á-vis the “Vienna” Member States
31
1.3 The Brussels Convention on the Liability of Operators
of Nuclear Ships
35
1.3.1 Nuclear Marine Propulsion: Big Expectations
and the First Regulative Attempts
36
1.3.2 The Brussels Convention on Liability for Operators
of Nuclear Ships: Key Elements
41
1.3.3 Reasons for Deadlock
49
2 The European Nuclear Liability Regime
54
2.1 The European Atomic Energy Community and the Nuclear
Third Party Liability
54
2.1.1 Nuclear Liability “Labyrinth” Existing in the European Union
54
2.1.2 Nuclear Liability “Labyrinth” as Challenge for the European
Atomic Energy Community
55
2.2 Nuclear Liability Treaties vis-á-vis the Euratom
and Its Member States
57
2.2.1 Common Features of Existing International Nuclear
Liability Conventions
58
2.2.2 Differences in Nuclear Liability Regimes and
the “Renvoi” to National Legislations
58
2.2.3 Position of the Non-Contracting Member States
60
2.2.4 Preliminary Conclusions: A Need for Further Harmonisation
of the Nuclear Third Party Liability in the European Union
60
2.2.5 General Treaty Making Powers Laid Down in the Article 101
of the Euratom Treaty
60
2.2.6 Questioning the Euratom’s Powers in the Field of Nuclear
Liability
61