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"International Atomic Energy Agency: Vienna Convention on Civil Liability for Nuclear Damage, 1963" [2005] ELECD 287; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 64

Section Title: International Atomic Energy Agency: Vienna Convention on Civil Liability for Nuclear Damage, 1963

Number of pages: 9

Extract:

64. International Atomic Energy Agency:
Vienna Convention on Civil Liability for
Nuclear Damage, 1963

Commentary: The Convention (IAEA Doc INFCIRC/500 (1996), entry into force
1977) establishes the liability of operators for nuclear damage. The extracts below
derive from the consolidated text of the Convention as amended by a 1997 Protocol:
IAEA Doc INFCIRC/566 (1998). The Protocol provides for coastal State jurisdiction,
limits operator liability at no less than 300 million special drawing rights (SDRs) and
extends the definition of nuclear damage, the geographical scope of the Convention
and the period in which to recover claims. Article VD contemplates governments
amending the liability limits of Article V in the light of the risk of damage resulting
from nuclear incidents, changes in monetary value or the capacity of insurance
markets. The nature, form and extent of compensation are governed by national law
and priority in the equitable distribution thereof is given to claims in respect of loss
of life or personal injury (Article VIII). Jurisdiction rests with the courts of the State
where the nuclear incident occurred (Article XI). See further, IAEA (1990), `General
Conference Resolution on a Code of Practice on the International Transboundary
Movement of Radioactive Waste', IAEA Doc GC(34)/RES/530; www.iaea.org. On the
liability of nuclear operators, see Duke Power Co v Carolina Environmental Study Group
Inc [1978] USSC 137; 438 US 59 (1978); Merlin v British Nuclear Fuels Ltd [1990] 3 All ER 711; Blue Circle
Industries PLC v Ministry of Defence [1998] 3 All ...