A nuclear liability framework for South Asia: formation of South Asia Association for Regional Cooperation (SAARC) nuclear risk community

Abstract

South Asia is one of the densely populated regions of the world. A disaster in the nature of nuclear accident in one country will have a significant impact on the life and livelihood of large population across the region. Currently, major economies in South Asia are expanding their nuclear energy programmes, and this poses a transboundary risk. The risk is aggravated by the fact that countries in South Asia are not a part of any common international nuclear liability framework, nor do they have reciprocal domestic law. This subjects the region to an uncertain liability and compensation regime. This paper explores the legal response mechanisms available in respect to state liability and compensation. The paper argues that the South Asian Association for Regional Cooperation (SAARC), a regional community of South Asian countries is the appropriate institutional mechanism available to form a regional nuclear risk community.