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5
3.2 States’ Intervention into the Relations of the Nuclear Damage
Liability
100
3.3 (Possible) Liability of a State under International Law?
104
3.4 Overcoming the Limits of Civil-Law Nuclear Liability Regime?
106
4 Principles of the Legal Regime of International Nuclear Liability
for Damages
108
4.1 Liability Based on the No-Fault Principle
110
4.1.1 A General Overview of the Historical Background of
the Incumbent Liability Principle: A Shift from the Liability
Based Solely on Culpability to the No-Fault Liability
110
4.1.2 Nature of the Liability of a Nuclear Facility Operator
from the Point of View of Terminology
112
4.1.3 Sociological and Legal Grounds of the Operator’s Liability
without Fault and Its Consequences
114
4.1.4 Grounds for Liberation
115
4.1.4.1 Armed Conflict, Act of Hostility, Civil War, Insurrection
116
4.1.4.2 An Exceptional and Grave Natural Disaster
119
4.1.4.3 (Contributory) Fault of the Harmed Person
120
4.1.4.4 “On-Site” Property
122
4.2 The Operator of a Nuclear Facility as the Exclusive Subject
of Liability
124
4.2.1 The Principle of Legal Transfer of Liability on the Operator
of Nuclear Equipment
124
4.2.2 Definition of the Term Operator
128
4.2.3 Liability of Multiple Nuclear Facility Operators
129
4.2.4 Determination of the Subject Liable for the Transportation
of Nuclear Material
133
4.2.4.1 Determination of the Liable Subject in Domestic
Transportation of Nuclear Material
135
4.2.4.2 Determination of the Liable Subject in
the International Transportation of Nuclear Material
136
4.3 Financial Limitation of the Liability
140
4.3.1 Finding the Right Amount of the Financial Cap of the Liability
143
4.3.1.1 Conventions of the “First Generation”
143
4.3.1.2 Conventions of the “Second Generation”
145