Related articles

A Policy Memo

Executive Summary

Cybersecurity challenges have become one of the key concerns for the operators across all critical infrastructure (CI) sectors. Rapid progress in offensive cyber capabilities and upsurge of the number of CI cybersecurity incidents demand urgent reaction from operators...

The Nuclear Security Summit 2016 was held in Washington, D.C., United States, on March 31-April 1. Though the threat of nuclear and radiological terrorism was the main topic presented at the Summit for the leaders of 58 participating countries, information and cybersecurity of nuclear infrastructure...

The Security Index Journal: Konstantin Stalmakhov and Andrey Shkarbanov on the regulation of civil liability for nuclear damage

01.07.2016

MOSCOW, JULY 1, 2016. PIR PRESS – "The Fukushima tragedy of 2011, reparations for which have already amounted to $52 million fully demonstrated the necessity to create a common legal regime in this field under which the liability of the operating organization and the state would be limited and the victims would have full assurance concerning legal safeguards of their rights and interests" — Konstantin Stalmakhov, Andrey Shkarbanov, Department for legal and corporate affairs of the ROSATOM national nuclear corporation.

 Despite the fact that the share of nuclear energy in the global energy mix is reducing, the construction of nuclear power plants is well under way in different parts of the world. Russia is actively promoting its nuclear technologies abroad. Russia has signed major contracts in this area with countries such as Turkey, Belarus, Iran, India, Vietnam, Hungary, Bangladesh and China and is negotiating joint projects with Argentina, Nigeria, Kazakhstan, Mongolia and other countries.

Despite the exceptional reliability of Russian nuclear technologies, the Fukushima accident has demonstrated that even the most careful planning does not allow to  completely rule out the unforeseen situations. For the first time in decades the issue of compensation for the damage caused by an accident at a nuclear facility became practically relevant.

In the article “Some issues of regulating civil liability for nuclear damage” (the article is available in Russian) Konstantin Stalmakhov, leading expert of the Department for legal and corporate affairs of the Rosatom state corporation and Andrey Shkarbanov, advisor to the same department address the issues of the relationship between international and Russian legal regime in this field, gaps and shortcomings of the latter as well as the attempts to create a "modernized" regime of civil liability for nuclear damage.

Experts note that "the scale of possible damage to citizens of several countries as a result of a nuclear incident justifies the convergence of legal approaches to this matter of as many countries as possible”. They analyzed the existing international legal regimes and national legislation of several countries, including Indian, which is particularly interesting. The authors do not fail to note the main problems of this international legal regime, such as different interpretation of the concept of nuclear damage and the issue of the limits of liability of a nuclear operator. They also describe the essence of attempts to reform the existing legal framework.

Today the particulars of the international system development and the transnationalization of the global security challenges call for creation of a global regulatory regime of civil liability for nuclear damage and the universalization of approaches to this problem. According to the authors: "The Fukushima tragedy of 2011, reparations for which have already amounted to $52 million fully demonstrated the necessity to create a common legal regime in this field under which the liability of the operating organization and the state would be limited and the victims would have full assurance concerning legal safeguards of their rights and interests".

The article will be published in the next issue of the Security Index Journal №1 (116) 2016.

For all questions related to the “Security Index” journal, Editor-in-Chief Olga Mostinskaya is available at +7 (495) 987 19 15 or via email at mostinskaya at pircenter.org.


Comments

 
 
loading