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Nuclear Civil Liability for International Transport: New Queries and Proposals

Author: Nathalie L.J.T. HORBACH & Patrick BLANCHARD

Type: Article

ref: 52006633-662

N0:5 of 2006

Pages: 633-662

The management of risks incurred during international transportation of nuclear materials raises intricate questions as nuclear civil liability (NCL) is complemented from time to time by other liability rules, on grounds of the law of the sea, international public and private law, and environmental law. The applicable substantive law and the jurisdictional rules depend on the nature and situs of the accident and damages, together with the place where victims are suffering damages.

The applicable NCL regimes are based mainly on geographical criteria which entail gaps and uncertainties, due to the fact that victims excluded from NCL indemnification will develop shopping in search of an alternative coverage. The study proposes a method for risk analysis and practical contractual solutions, before improvements in modernised NCL conventions.