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Legal protection against nuclear damage

Journal Article:

Abstract

The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should  More>>
Authors:
"NONE"
Publication Date:
Apr 15, 1959
Product Type:
Journal Article
Resource Relation:
Journal Name: IAEA Bulletin; Journal Volume: 1; Journal Issue: 1; Other Information: 1 photo
Subject:
22 GENERAL STUDIES OF NUCLEAR REACTORS; CIVIL LIABILITY; CONCRETES; CONTROL SYSTEMS; FINANCIAL SECURITY; FIRST AID; IAEA; LEGAL ASPECTS; LEGISLATION; LICENSING; NUCLEAR DAMAGE; NUCLEAR ENERGY; REACTOR ACCIDENTS; REACTOR SAFETY; ACCIDENTS; BUILDING MATERIALS; ENERGY; INTERNATIONAL ORGANIZATIONS; LIABILITIES; MATERIALS; MEDICINE; SAFETY; THERAPY
OSTI ID:
21511922
Country of Origin:
IAEA
Language:
English
Other Identifying Numbers:
Journal ID: ISSN 0020-6067; IAEBAB; TRN: XA10K0521130701
Availability:
Available on-line: http://www.iaea.org/Publications/Magazines/Bulletin/Bull011/01102001516.pdf
Submitting Site:
INIS
Size:
page(s) 15-16
Announcement Date:
Dec 10, 2011

Journal Article:

Citation Formats

Legal protection against nuclear damage. IAEA: N. p., 1959. Web.
Legal protection against nuclear damage. IAEA.
1959. "Legal protection against nuclear damage." IAEA.
@misc{etde_21511922,
title = {Legal protection against nuclear damage}
abstractNote = {The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it would be advisable to establish only skeleton rules capable of incorporating whatever has already been accomplished or is about to be accomplished in the form of national or regional legislation. In its first series of meetings, the Panel had the benefit of several reports prepared by the technical and scientific staff of the Agency; its deliberations were in the form of a first informal exchange of views, in the course of which certain principles were agreed upon which would guide the Panel Secretary in preparing a concrete draft convention to be discussed in detail at the next series of Panel meetings}
journal = {IAEA Bulletin}
issue = {1}
volume = {1}
place = {IAEA}
year = {1959}
month = {Apr}
}