INTERNATIONAL CONVENTIONS ON LIABILITY FOR NUCLEAR DAMAGE Cover Image

МЕЂУНАРОДНЕ КОНВЕНЦИЈЕ О ОДГОВОРНОСТИ ЗА АТОМСКЕ ШТЕТЕ
INTERNATIONAL CONVENTIONS ON LIABILITY FOR NUCLEAR DAMAGE

Author(s): Dragoljub Stojanović
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Нишу

Summary/Abstract: The peace-time application of atomic energy inpoises many problems, among which compensation for damages caused to the victims of atomic accidents, i.e. the problem of the liability for atomic, damages receives a special importance. The past national legislations on civil liability cannot be adapted to such, a new kind, of risk, uncomparable with the normal risks. For such a kind of, atomic risk it is indispensable to foresee new rules, too. International conventions on liability for atomic damages just regulate that. The author analyses the Convention on liability toward third persons in the field of atomic energy (СКЕБС) of July 29 th, 1960, the Convention on Euroatom, of 1963 and the Vienna Convention on civil liability for atomic damages of May 19th, 1963. All these conventions prevails a common solution. There is a accepted the principle of a stricter objective liability of the beneficiary of atomic plants. The principle of a stricter objective liability is accompanied by a canalization of the liability exclusively to the beneficiary of the atomic plant. The be neficiary of the plant cannot avail himself of the right of recourse toward the suppliers and other persons participating in the construction of atomic plants. The beneficiary of the atomic plant is not liable for all the atomic damage. His liability is limited to a definite sum. Thus he is afforded a special protection, in consideration of his dealing with an activity who is useful also for the society. The beneificiary of the atomic (plant is bound to pravide for the sum up to which he is liable toward third persons by means as a financial guarantee. Such an obligation constitutes at the same time an indispensable condition for the getting of a licence from the Government for working of an atomic plant. If the damage in an atomic accident exceeds the sum financial security, the atomic risk is covered by obligation of the state, which assumes subsidiarily the damages, that exceed the sum of financial security up to which is liable the beneficiary of the atomic plant. The idea of dividing of the atomic risk, between the beneficiary of the atomic plant, and the state, whenever, the damages assume catastrophic proportions, is generally accepted. in the international conventions. Besides is a quantitative limitation of the liability of the beneficiary of an atomic plant, accepted is also its time limitation. The longest term up to which the beneficiary is liable toward the victims of an atomic accident is ten years reckoning from the accident. At the end, the author records that the province of the atomic law is an ideal branch of law wherein it is possible to realize a juristic equalization as far as the regulation is concerned.

  • Issue Year: III/1964
  • Issue No: 3
  • Page Range: 27-44
  • Page Count: 18
  • Language: Serbian