The following Energy practice note Produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:
Civil liability for nuclear damage is governed by two major conventions:
1960 Paris Convention Third Party Liability in the Field of Nuclear Energy (Paris Convention)
1963 Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention)
The conventions share similar core principles:
liability lies exclusively with the operator of the nuclear installation—this removes the need for other parties to take out insurance, such as those involved with the construction and operation of a nuclear installation
the operator's liability is strict, ie the operator is held liable irrespective of fault or negligence, except in limited circumstances (such as armed conflict, civil war or negligence of the victim)—the only proof that is necessary is that the damage for which compensation is sought was caused by a nuclear accident
liability is limited in amount—this makes it easier for an operator to obtain insurance, for example
liability is limited in time
the operator must hold insurance or financial security that covers its liability
the state party in whose territory the nuclear incident has occurred has exclusive jurisdiction
See Practice Note: 1960 Paris Convention—snapshot.
Although broadly similar in content, the Paris
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