Nuclear third party liability

There are three existing instruments in the international regime governing liability for nuclear damage. The Paris Convention on Third Party Liability in the field of Nuclear Energy (the Paris Convention) first laid down the principles for third party liability and insurance in 1960 within the framework of the OECD. Later reinforcement of the Paris Convention was provided by the Brussels Supplementary Convention on compensation and both conventions have undergone subsequent amendment. In 1963 the Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention) was established by the International Atomic Energy Agency (IAEA). A Joint Protocol adopted in 1988 resolved problems that had arisen over possible conflicts between the provisions of the Paris and Vienna Conventions. The Conventions are based on civil law and share two main factors: the strict and exclusive liability of the nuclear installation operator irrespective of negligence and clear limitations on financial liability. Currently a revision of the Vienna convention and work on the elaboration of a supplementary funding convention are being conducted under the auspices of the IAEA. Many states have come to realize the advantages of participation in the Conventions though there are still a number with substantial nuclear programmes who have neither signed nor ratified them. A list is given of participating states. (UK)