Strengthening of Nuclear Liability Demo

3.2 States’ Intervention into the Relations of the Nuclear Damage Liability 3.3 (Possible) Liability of a State under International Law? 3.4 Overcoming the Limits of Civil-Law Nuclear Liability Regime? 4 Principles of the Legal Regime of International Nuclear Liability for Damages

100 104 106

108 110

4.1 Liability Based on the No-Fault Principle

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

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