The following Energy practice note provides comprehensive and up to date legal information covering:
The Diplomatic Conference held in Vienna in 1997 adopted two instruments:
a Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage, hereinafter referred to as 'the Protocol'
a Convention on Supplementary Compensation for Nuclear Damage. This resulted from the view that an international supplementary fund was necessary to provide additional compensation for nuclear damage to that provided by the operator. This Convention opened for signature on 12th September 1997 but has yet to satisfy the necessary requirements to enter into force. It will enter into force on the ninetieth day following the date on which at least five states with a minimum of 400,000 units of installed nuclear capacity have ratified it.
it broadens the definition of nuclear damage and account is taken of the need for reinstatement of impaired environment and for reasonable preventive measures
it extends the geographical scope of the Vienna Convention
it extends the period during which claims may be made
it provides special consideration for coastal states
it increases the limits of liability
Under the Protocol
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