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Journal articles on the topic 'Nuclear liability'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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1

Fayette, Louise. "Nuclear Liability Revisited." Review of European Community and International Environmental Law 1, no. 4 (December 1992): 443–52. http://dx.doi.org/10.1111/j.1467-9388.1992.tb00072.x.

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2

Ayyub, B. M., and L. Parker. "Financing Nuclear Liability." Science 334, no. 6062 (December 15, 2011): 1494. http://dx.doi.org/10.1126/science.334.6062.1494-a.

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3

Хлестова, Ирина, and Irina KHlyestova. "International Legal Regulation of Nuclear Liability." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7256.

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The article is devoted to the comparative analyses of provisions of Vienna convention on civil liability for nuclear damage of 1963 and Protocol of 1997 to the convention on civil liability for nuclear damage. In particular: the provisions on nuclear damage, channeling of liability on operator of nuclear facility, principles of liability, limits liability, limitation of actions, jurisdictional division are considered. On this bases it was concluded that international legal regulation is on the way of raise of limits liability of operator of nuclear facility, applying special drawing rights of International Monetary Fund as calculation units. Legal regulation introduced by the Protocol of 1997 to the Vienna convention on civil liability for nuclear damage more responds to the victims interests taking into account the long-terms effects of a nuclear incident. The problems of the Russian Federation adherence to the Protocol of 1997 is considered

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4

Lee Young Gyu. "Civil liability for nuclear damage." 과학기술법연구 17, no. 2 (December 2011): 225–66. http://dx.doi.org/10.32430/ilst.2011.17.2.225.

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5

Horbach, Nathalie L. J. T. "Nuclear liability for international transport accidents under the modernised nuclear liability conventions: an assessment." International Journal of Nuclear Law 1, no. 2 (2006): 189. http://dx.doi.org/10.1504/ijnucl.2006.010261.

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6

Jha, Minu. "India and the Civil Nuclear Liability Regime." Indian Journal of Public Administration 65, no. 2 (June 2019): 494–508. http://dx.doi.org/10.1177/0019556119840951.

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The successful winding up of the Indo–US civil nuclear cooperation agreement in 2008 had generated a lot of sanguinity of thriving nuclear trade and increased investment surge in India’s civil nuclear power sector. However, the differences over the Indian nuclear liability regime because of its non-conformity with the international liability regime have marred those expectations. In the stated background, the article in its first part traces the chronological development of the international nuclear liability regimes, and, in second part, the Indian liability law and its inconsistencies are dealt with emphasis on shifting tenor of India–US relations vis-à-vis the law.

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7

E. Fork, William, and Charles H. Peterson. "Fusion energy and nuclear liability considerations." Nuclear Law Bulletin 2014, no. 1 (November 21, 2014): 43–61. http://dx.doi.org/10.1787/nuclear_law-2014-5jrtpsj53f7h.

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8

Raetzke, Christian. "Nuclear third party liability in Germany." Nuclear Law Bulletin 2016, no. 1 (October 5, 2016): 9–33. http://dx.doi.org/10.1787/nuclear_law-2016-5jlpszpxk6vf.

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9

Layard, Antonia. "Nuclear Liability Damage Reform After Chernobyl." Review of European Community and International Environmental Law 5, no. 3 (September 1996): 218–24. http://dx.doi.org/10.1111/j.1467-9388.1996.tb00278.x.

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10

Matveev, Alexander Alexandrovich. "The Russian approach to nuclear liability." International Journal of Nuclear Law 1, no. 3 (2006): 270. http://dx.doi.org/10.1504/ijnucl.2006.010729.

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11

Lee, M. "Civil liability of the nuclear industry." Journal of Environmental Law 12, no. 3 (March 1, 2000): 317–32. http://dx.doi.org/10.1093/jel/12.3.317.

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12

Huang, Sheng Kai. "A Study of the Compensation Legislation for International Nuclear Damage." Advanced Materials Research 1030-1032 (September 2014): 2673–76. http://dx.doi.org/10.4028/www.scientific.net/amr.1030-1032.2673.

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In the paper, the author will analyze the provisions in the international conventions and in some western legal systems, and probe into the particular characteristics of the civil liability of nuclear damage. The author of the article concludes that the major nuclear states in the world usually have adopted diverse remedy mechanism, including the responsibility of nuclear facility operators, social responsibility, and the state compensation liability to provide adequate, timely and reasonable legal remedies for victims.Key words: International Nuclear Damage; Civil Liability; Paris Convention; Vienna Convention

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13

Oba, Hirokazu. "The Issues of Nuclear Liability Insurance for the Nuclear Victims." Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE) 2012, no. 619 (2012): 619_23–619_42. http://dx.doi.org/10.5609/jsis.2012.619_23.

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14

Tetley, Mark. "Revised Paris and Vienna Nuclear Liability Conventions." Nuclear Law Bulletin 2006, no. 1 (August 17, 2006): 27–39. http://dx.doi.org/10.1787/nuclear_law-2006-5k9czfxg73hk.

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15

Novotná, Marianna, and Peter Varga. "International and Supranational Aspects of Nuclear Liability." Law Review 15, no. 1 (2017): 38–60. http://dx.doi.org/10.7220/2029-4239.15.2.

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16

Handrlica, Jakub. "'European Exceptionalism' and nuclear third party liability." International Journal of Nuclear Law 3, no. 3 (2011): 163. http://dx.doi.org/10.1504/ijnucl.2011.040362.

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17

Sutaria, Ayushi. "Placing the Indian civil nuclear liability regime in context: the extent of supplier’s liability." Journal of Risk Research 17, no. 1 (October 3, 2013): 97–113. http://dx.doi.org/10.1080/13669877.2013.822922.

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18

Chang, Ho-Jin. "The State liability in Nuclear Power Plant Incident." DONG-A LAW REVIEW 85 (November 30, 2019): 111–38. http://dx.doi.org/10.31839/dalr.2019.11.85.111.

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19

Handrlica, Jakub. "Harmonisation of Nuclear Liability in the European Union." Nuclear Law Bulletin 2009, no. 2 (December 24, 2009): 35–64. http://dx.doi.org/10.1787/nuclear_law-v2009-art14-en.

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20

Heffron, Raphael J., Stephen F. Ashley, and William J. Nuttall. "The global nuclear liability regime post Fukushima Daiichi." Progress in Nuclear Energy 90 (July 2016): 1–10. http://dx.doi.org/10.1016/j.pnucene.2016.02.019.

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21

Brodecki, Z. "Civil Liability for Nuclear Damage: The Polish Concept." Anglo-American Law Review 15, no. 4 (October 1986): 361–68. http://dx.doi.org/10.1177/147377958601500406.

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22

Khurana, Inder K., Richard H. Pettway, and K. K. Raman. "The liability equivalence of unfunded nuclear decommissioning costs." Journal of Accounting and Public Policy 20, no. 2 (June 2001): 155–85. http://dx.doi.org/10.1016/s0278-4254(01)00024-2.

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23

Handrlica, Jakub. "Nuclear liability conventions and decommissioning: exclusion provisions revisited." Journal of World Energy Law & Business 11, no. 3 (April 20, 2018): 196–208. http://dx.doi.org/10.1093/jwelb/jwy007.

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24

Pelzer, Norbert. "Focus on the Future of Nuclear Liability Law." Journal of Energy & Natural Resources Law 17, no. 4 (November 1999): 332–53. http://dx.doi.org/10.1080/02646811.1999.11433178.

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25

Palca, Joseph. "Act limiting nuclear liability heads for home strait." Nature 332, no. 6163 (March 1988): 389. http://dx.doi.org/10.1038/332389a0.

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26

Shandilya, Akshay, Arjyadeep Roy, and Piyush Singh. "Nuclear Energy and Civil Liability Two way Street?" Delhi Business Review 14, no. 1 (January 2, 2013): 33–44. http://dx.doi.org/10.51768/dbr.v14i1.141201303.

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27

Berlin, L. "Vicarious liability." American Journal of Roentgenology 169, no. 3 (September 1997): 621–24. http://dx.doi.org/10.2214/ajr.169.3.9275865.

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28

Taran, O., and O. Sandul. "Issue of criminal liability for offences against critical infrastructure objects in nuclear industry." Nuclear and Radiation Safety, no. 3(83) (September 30, 2019): 58–67. http://dx.doi.org/10.32918/nrs.2019.3(83).07.

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A special legislation on criminal liability for offences against critical infrastructure objects is currently under development in Ukraine. The Cabinet of Ministers of Ukraine adopted the Concept for the development of a state system for critical infrastructure protection. The paper considers this legal area with regard to objects in the nuclear industry in the general context of critical infrastructure protection. It provides the current state in the legal regulation of fundamentals of criminal liability for offences against the critical infrastructure objects in the nuclear industry. The issue on the sufficiency and appropriateness of the existing level of such a liability is discussed further. The paper presents the list of some main critical infrastructure objects in accordance with the regulatory documents in the sphere of critical infrastructure protection and their classification. In addition, such concepts as “critical infrastructure” (relatively new notion in the national legislation), “unlawful intrusion”, “computer crimes”, “critical information infrastructure” and other concepts important to the nuclear industry were considered in this research. The notions presented in different regulatory documents were analyzed. The paper emphasizes that the legislation of Ukraine does not currently present special (separate) standards on the criminal liability for offences against critical infrastructure objects. Some promising issues related to fundamentals of the criminal liability and protection of critical infrastructure objects in the nuclear industry were also considered. The research involves the prospect of further development of a special law to define the area for improving relevant legislation on general regulation of these issues. The paper also stresses on the need to introduce some changes to the Criminal Code of Ukraine with respect to certain articles of section XIV.

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29

Bellamy, Jonathan. "Civil liability for nuclear damage in countries developing nuclear new build programmes." Journal of World Energy Law & Business 12, no. 1 (December 6, 2018): 108–20. http://dx.doi.org/10.1093/jwelb/jwy036.

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30

Grover, R. B. "The Civil Liability for Nuclear Damage Act of India: An engineering perspective regarding Supplier's liability." Progress in Nuclear Energy 101 (November 2017): 168–75. http://dx.doi.org/10.1016/j.pnucene.2017.04.012.

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31

Dunsker, Stewart B. "Meeting the professional liability crisis—doctors for medical liability reform." Journal of the American College of Radiology 1, no. 6 (June 2004): 373–75. http://dx.doi.org/10.1016/j.jacr.2004.02.005.

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32

Taran, O. V., and O. G. Sandul. "Criminal Liability for Illicit Trafficking of Radioactive Materials." Nuclear and Radiation Safety, no. 3(79) (August 28, 2018): 66–70. http://dx.doi.org/10.32918/nrs.2018.3(79).10.

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The nuclear energy use progressively becomes part of the life of every modern person, who more and more faces radioactive materials in medical institutions, in industry. Half of all electricity generated in Ukraine is generated by nuclear power plants. The peculiarities of the nuclear energy use generate appropriate rules for people dealing with radioactive materials. The article analyzes the standards of the Criminal Code of Ukraine, which provides for liability for acts related to the illegal handling of radioactive materials, for violation of the nuclear and radiation safety rules, violation of radiation safety requirements, the threat of theft of radioactive materials, the illicit manufacturing of a nuclear explosive device, abduction or capture of radioactive materials, attack on radioactive materials transportation means. The grounds and peculiarities for bringing to criminal liability have been reviewed, the range of persons who can be prosecuted has been defined. Conditions and grounds for exemption from criminal liability in the absence of a person's criminal intent to use radioactive material are considered. It has been demonstrated that the Criminal Code of Ukraine, by prohibiting certain actions on the illegal radioactive materials handling, ensures protection of the most important social relations and social benefits.

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33

Demin, V., A. Golosnaya, S. Korolev, V. Kuznetsov, V. Makarov, and V. Shmelev. "Issues of Safety and Civil Liability Insurance for Nuclear Damage from Small Nuclear Power Plants." Medical Radiology and radiation safety 64, no. 6 (November 10, 2019): 31–36. http://dx.doi.org/10.12737/1024-6177-2019-64-6-31-36.

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Purpose: To study the possibility of achieving assured safety for the environment and public in all modes of operation of small nuclear power plants (SNPP) and providing real civil liability insurance for nuclear risks at reasonable financial costs. Material and methods: Particular attention on small nuclear power plants is driven by regional development, local communities and productions, which are not covered by centralized transport and energy supply. The peculiar properties and benefits of energy production at SNPP are considered, including: the possibility of locating in remote regions; the short construction period and the modular structure of SNPP; availability of potential to improve safety and reliability; reducing the size of the sanitary protection zone up to the boundaries of the technological site; the reality of liability insurance (full financial responsibility of the operator) for nuclear damage to third parties caused by an accident at SNPP at reasonable financial costs; industrial serial production; ability to move the entire nuclear power plants with small modular reactors in the assembled form, etc. A comparative analysis of the technical characteristics of the SNPP and a conventional nuclear power plant from a safety perspective is made. Results: The results of the SNPP safety analysis performed on the basis of the design documentation of the floating nuclear power plant “Akademik Lomonosov” is presented, with particular attention to assessing the consequences of design and beyond design basis accidents, in terms of probabilistic safety analysis and assessment of the maximum possible damage to third parties. The maximum possible damage to third parties from severe accidents is estimated to be about 0.5 billion RUR, which is hundreds of times less than damage from a catastrophic accident at a conventional NPP. Estimated costs for insurance of damage to third parties from an accident at SNPP will not exceed 1 kopeck/kWh. Possible approaches to civil liability insurance for nuclear risks and aspects of legal support are considered. Conclusions: The results of the analysis allow to conclude that it is possible to provide in the future: the achievement of practically assured safety of the SNPP for the environment and the public in normal operation and possible design and beyond design basis accidents; real civil liability insurance for nuclear risks of SNPP at reasonable financial costs.

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34

Lee, Robert, and Radek Stech. "Compensation for harm caused by nuclear installations: what’s the damage?" Journal of Property, Planning and Environmental Law 10, no. 1 (April 9, 2018): 17–35. http://dx.doi.org/10.1108/jppel-06-2017-0020.

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Purpose This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty. Design/methodology/approach This paper is a desk-based legal research. Findings This study is a discussion of statutory material and case law. Originality/value This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.

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35

HIROSE, Kenkichi, and Keiji KANDA. "Current Status and Key Issues of Nuclear Liability Regime." Journal of the Atomic Energy Society of Japan / Atomic Energy Society of Japan 39, no. 1 (1997): 28–40. http://dx.doi.org/10.3327/jaesj.39.28.

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36

Kyoung-Un, Chun. "A Study on the Liability of Nuclear Damage Compensation." Kyung Hee Law Journal 50, no. 3 (September 30, 2015): 259–97. http://dx.doi.org/10.15539/khlj.50.3.9.

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37

Handrlica, Jakub. "The Brussels I Regulation and Liability for Nuclear Damage." Nuclear Law Bulletin 2010, no. 2 (January 14, 2011): 29–47. http://dx.doi.org/10.1787/nuclear_law-2010-5kg0m1l30fkh.

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38

Liu, Jiu, Bingyu Liu, and Dantao Chen. "Legislative Study on China’s Compensation for Nuclear Damage Liability." Sustainability 10, no. 7 (June 28, 2018): 2222. http://dx.doi.org/10.3390/su10072222.

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39

TOMINO, Katsuhiko. "The International Framework on Civil Liability for Nuclear Damage." Journal of the Atomic Energy Society of Japan 54, no. 8 (2012): 527–30. http://dx.doi.org/10.3327/jaesjb.54.8_527.

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40

Ajeel, Tariq Kazem. "The Insurance against Civil Liability Arising from Nuclear Damage." Journal of Law 13, no. 01 (April 1, 2016): 58–94. http://dx.doi.org/10.12785/law/130102.

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41

DUBIN, JEFFREY A., and GEOFFREY S. ROTHWELL. "SUBSIDY TO NUCLEAR POWER THROUGH PRICE-ANDERSON LIABILITY LIMIT." Contemporary Economic Policy 8, no. 3 (July 1990): 73–79. http://dx.doi.org/10.1111/j.1465-7287.1990.tb00645.x.

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42

Nocera, F. ""Nuclear Third Party Liability: Updating The International Regime (Abstract)"." Uniform Law Review - Revue de droit uniforme 3, no. 1 (January 1, 1998): 30. http://dx.doi.org/10.1093/ulr/3.1.30.

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43

Handrlica, Jakub. "Euratom powers in the field of nuclear liability revisited." International Journal of Nuclear Law 3, no. 1 (2010): 1. http://dx.doi.org/10.1504/ijnucl.2010.033771.

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44

Mannully, Yash Thomas. "Law relating to nuclear liability and compensation in India." International Journal of Nuclear Law 3, no. 2 (2010): 112. http://dx.doi.org/10.1504/ijnucl.2010.037553.

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45

Schneider, Yves, and Peter Zweifel. "How Much Internalization of Nuclear Risk Through Liability Insurance?" Journal of Risk and Uncertainty 29, no. 3 (December 2004): 219–40. http://dx.doi.org/10.1023/b:risk.0000046144.89048.9e.

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46

Berlin, L. "Professional liability insurance." American Journal of Roentgenology 170, no. 3 (March 1998): 565–69. http://dx.doi.org/10.2214/ajr.170.3.9490932.

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47

Kwon, Tae-Hyeong. "The Nuclear Liability Subsidy and Its Implication on the Economics of Nuclear Powers." Journal of Environmental Policy and Administration 22, no. 3 (September 30, 2014): 33. http://dx.doi.org/10.15301/jepa.2014.22.3.33.

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48

Brenner, R. James, and John J. Smith. "The malpractice liability crisis." Journal of the American College of Radiology 1, no. 1 (January 2004): 18–22. http://dx.doi.org/10.1016/s1546-1440(03)00008-5.

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49

M P, Ram Mohan. "Which Interpretational Route Will the Supreme Court of India Follow When Faced with the Contentious Civil Liability for Nuclear Damage Act, 2010?" Statute Law Review 40, no. 3 (April 10, 2018): 249–65. http://dx.doi.org/10.1093/slr/hmy007.

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Abstract The Civil Nuclear Liability for Damages Act of India enacted in 2010 has been a matter of concern to international suppliers and vendors. This is due to the perceived deviation of the law from the principle of legal channelling of liability (to the operator) which is at the heart of international nuclear liability jurisprudence. Specifically, this notion arises from allowing recourse to suppliers under outside of the circumstances mentioned in the Annex of the Convention for Complementary Compensation. Sections 17 and 46 which embody this notion are subject to different interpretations, some of them implying the compliance of the Indian regime with the international nuclear liability regime and many others equally suggest otherwise. In 2015, Government of India through a detailed Frequently Answered Questions clarified the nature and meaning of these sections. However, interestingly, there are two cases pending before Supreme Court of India contesting the constitutionality of the legislation in which these two specific provisions are also disputed. The article attempts to explain and resolve the ambiguity through a study of Supreme Court’s approach to statutory interpretation. I undertake an analysis of the reasoning given under the 2015 FAQ in the light of the disputed Sections 17 and 46 and bring out a probable prediction of Court’s interpretation of the Sections of the Act.

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50

M.P., Ram Mohan. "Nuclear liability law of India: an appraisal of extent of liability, right of recourse and transboundary applicability." Journal of Risk Research 17, no. 1 (September 30, 2013): 115–31. http://dx.doi.org/10.1080/13669877.2013.841735.

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