Abstract
Nuclear liability regimes are important as they ensure that potential victims will be compensated promptly and efficiently after a nuclear accident. The accident at Fukushima Daiichi in Japan in 2011 prompted a review of the global nuclear liability regime that remains on-going. Progress has been slow, but over the next few years the European Union is set to announce its new proposals. Meanwhile, in 2015, another global nuclear liability regime, the Convention on Supplementary Compensation for Nuclear Damage, has entered into force. This paper aims to move the debate in the literature on nuclear liability and focuses on the four following major issues: (1) reviews third-party nuclear liability regimes currently in operation around the world; (2) analyses the international nuclear liability regime following the accident at Fukushima Daiichi; (3) comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) presents the future outlook for possible developments in the global nuclear liability regime.
Highlights
Nuclear liability regimes are important as they ensure that potential victims will be compensated promptly and efficiently after a nuclear accident
This paper aims to move the debate in the literature on nuclear liability and focuses on the four following major issues: (1) reviews third-party nuclear liability regimes currently in operation around the world; (2) analyses the international nuclear liability regime following the accident at Fukushima Daiichi; (3) comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) presents the future outlook for possible developments in the global nuclear liability regime
This paper provides four contributions: (1) it examines the third-party nuclear liability regimes currently in operation around the world and maps out the divergence between liability limits in the event of an accident in the European Union; (2) it analyses the international nuclear liability regime post the Fukushima Daiichi accident; (3) it comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) it presents the future outlook for possible developments in the global nuclear liability regime
Summary
“Accidents and calamities...are the universal legislators of the world.” Plato, The Laws.[1]. There are two questions that will be asked: (1) what is the effect of the legal rules (descriptive); and (2) is the current system desirable and what should it look like (normative)?3,4 This paper examines the issue of accidents and insurance in the energy sector, and in particular, after a major accident In this context, this paper provides four contributions: (1) it examines the third-party nuclear liability regimes currently in operation around the world and maps out the divergence between liability limits in the event of an accident in the European Union; (2) it analyses the international nuclear liability regime post the Fukushima Daiichi accident; (3) it comparatively assesses the liability regimes for nuclear energy and the non-nuclear energy sector; and (4) it presents the future outlook for possible developments in the global nuclear liability regime.
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