Europäisches Atomhaftungsrecht im Umbruch

The proceedings present the papers and discussion reports of an international conference which for the first time dealt with the current topical issues of European nuclear liability law.

The European nuclear liability law provides a “patchwork pattern” consisting of provisions of different origin. A number of States are Party to the Paris Convention on Third Party Liability in the Field of Nuclear Energy. Other European States are Party to the Vienna Convention on Civil Liability for Nuclear Damage. A third group takes the view that the conventions are inappropriate instruments and applies general national tort law to the compensation of nuclear damage. One State issued special nuclear liability legislation which conceptually conflicts with the principles of the international nuclear liability conventions. In the event of a major nuclear incident causing transboundary nuclear damage, this legal situation would considerably complicate and hamper the compensation of damage. The international nuclear liability conventions were recently revised with a view to improving the protection of victims. The ratification procedures of the revision protocols are pending. At the same time, the Commission of the EU started an initiative presumably aimed at harmonising nuclear liability law within the EU Member States. Finally the USA, at the worldwide level, urges States to accede to the 1997 Convention on Supplementary Compensation for Nuclear Damage, which, with only one exception, no European State is adhering to so far.

Experts from numerous European and non-European States discussed the problems connected with this unsatisfactory legal situation from the point of view of national and international law, including the law of conflicts and international procedural law. The volume therefore presents a comprehensive overview of a challenging field of law.