How Relevant is the 1988 Joint Protocol to an International Legal Regime for Nuclear Liability?

Abstract

The Chernobyl accident of 1986 brought significant changes to the scene of Nuclear Liability Legal Regime. In an effort to resolve the issues exposed by the Accident, which basically was the absence of an International Legal Regime for nuclear liability, the 1988 Joint Protocol was adopted. Seventeen (17) years after its coming into force, the crucial question to ask is: has the 1988 Joint Protocol brought about an International Legal regime for nuclear liability? How relevant is it? The paper seeks to give answers to these questions. In concluding, the paper found that the Joint Protocol has not brought about an International Legal Regime for nuclear liability and it is relevant only to the extent of achieving its twin objectives, which are creating a link between the Paris and Vienna Convention and eliminating conflict in the application of either Convention. The paper recommends the adoption of a single Convention that combines both civil and state liability in order to have an International Legal Regime for nuclear liability.