LIABILITY FOR NUCLEAR DAMAGES IN VARIOUS FOREIGN COUNTRIES Prepared by Members of the Staff of the Law Library at the Request of Honorable Edward J. Markey Chairman of the Subcommittee on Oversight and Investigations C Library of Congress American-British Law Division European Law Division Far Eastern Law Division Hispanic Law Division Near Eastern and African Law Division CONVENTIONS ON LIABILITY FOR NUCLEAR DAMAGE International agreements on civil liability for nuclear damage which are reflected in the special national legislation adopted by individual countries (see attached reports) are presently the following: (1) Convention on Third Party Liability in the Field of Nuclear Energy, signed in Paris on July 29, 1960, entered into force on April 1, 1968 (see Appendix I).. The objectives of this Convention are set forth in its Preamble where the signatories state that they are "desirous of ensuring adequate and equitable compensation for persons who suffer damage caused by nuclear acci dents...." tion: As of today, the following states are parties to the Paris Conven (2) Additional Protocol to the Paris Convention, signed in Paris on January 28, 1964, entered into force on April 1, 1968. 1/ The Additional Protocol to the Paris Convention was designed to avoid possible conflict with the Vienna Convention on Civil Liability for Nuclear Damage. 1/ Text incorporated in the text of the 1960 Convention, see Appendix I. (3) Convention Supplementary to the Paris Convention, signed in Brussels on January 31, 1963, entered into force on December 4, 1974 (see Appendix II). The following signatories to the Paris Convention signed the Brussels Supplementary Convention: (4) Additional Protocol Modifying the Brussels Supplementary Convention, signed in Paris on January 28, 1964. 2/ The Brussels Supplementary Convention as modified by its Additional Protocol entered into force on December 4, 1974. (5) Vienna Convention on Civil Liability for Nuclear Damage, signed in Vienna on May 21, 1963, entered into force on November 12, 1977 (see Appendix III). At present, the following countries are parties to the Convention: 2/ Text incorporated in the text of the 1960 Convention, see Appendix II. 3 ARGENTINA Law No. 17,048 of December 2, 19661/ enacts the provisions of the Vienna Convention on Civil Liability for Nuclear Damages. The text of this convention had been approved in an international meeting addressing this matter which took place April 29 to May 19, 1963. Definitions Nuclear damages are defined in article I as follows: 1. The loss of human life, injuries and material damage which result directly or indirectly from radiation by nuclear fuel, nuclear materials or waste or their combination with other substances. 2. 3. Any other injury or damage as defined by the national law. Any loss of life, injuries and material damage caused by any radiation within a nuclear installation, if so established by the law of the national in which the plant is located. Civil Liabilities The general rule is that the operator (explotador) of the facility is liable, unless national law allows the transporter of nuclear materials and substances to also be classified as an operator (explotador).2/ Liability will be measured objectively.3/ If, under national law, the operator (explotador) can prove that the person who suffered the damage did so because of his own negligence or by actions or omissions committed with dolus, the operators liability may be totally or partially dismissed.4/ 1/ Boletin Oficial, December 16, 1966. 2/ Id. art. II, 2. 3/ Id. art. IV, 1. 4/ Id. art. IV, 2. When nuclear damage occurs simultaneously with non-nuclear damage as a result of a nuclear accident, the latter will be deemed nuclear damage it it cannot be differentiated with certainty.5/ The operator (explotador) is not liable if the nuclear accident is caused directly by hostilities, war, insurrection and civil war. Unless stated otherwise in domestic legislation, the operator (explotador) is liable for damage caused by an accident resulting from a natural disaster.6/ A state may limit the amount of liability, but never less than the minimum of five million American dollars./ Statue of Limitations As a general rule, the right to bring actions under the convention must be exercised within ten years. Nevertheless, national law may extend this term if the operator (explotador) has posted bond for a longer period to guarantee safety of operations./ National law may also establish other terms for victims to bring action. These terms cannot be less than three (3) years (since the victim had or should have had knowledge of injuries and damages) or more than ten (10) years in normal circumstances and more than twenty (20) years if the nuclear materials involved in the accident had been stolen, lost or abandoned.9/ 5 Id. art. IV, 2. 6/ Id. art. IV, 3 a and b. 1/ Id. art. V, 1. 8/ Id. VI, 1. 9 Id. art. VI, 7 and 3. |