Strengthening of Nuclear Liability Demo

CONTENTS

Introduction

7

1 International Nuclear Liability Regime

11 11 22 23 26 31

1.1 The Vienna Convention on Civil Liability for Nuclear Damage 1.2 The 1997 Protocol to Amend the Vienna Convention 1.2.1 Background: “Nuclear Liability Labyrinth” in Europe 1.2.2 Authorisations Issued vis-á-vis the “Paris” Member States 1.2.3 Authorisations Issued vis-á-vis the “Vienna” Member States 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 1.3.2 The Brussels Convention on Liability for Operators of Nuclear Ships: Key Elements

36

41 49

1.3.3 Reasons for Deadlock

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

3