05.12.2017 1 INTERNATIONAL ENVIRONMENTAL LAW Nuclear energy OECD Convention on Third Party Liability in the Field of Nuclear Energy (Paris 1960) Convention on Civil Liability for Nuclear Damage (Vienna 1963) Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (Vienna) 1988 Protocol 1997 to the Vienna Convention Convention on Civil Liability for Nuclear Damage (Vienna 1963) Aim: to establish a regime of minimum standards for liability and compensation in the event of a nuclear accident Obligations: - operator is liable for nuclear damage - absolute liability of the operator - exemptions (act of war, act of God) - the time period to bring the action is limited to 10 years from the date of the nuclear incident - liability limitations – 5 millions of USD - financial security or insurance of the operator Convention on Suplementary Compensation for Nuclear Damage (1997) 05.12.2017 2 Convention on the Physical Protection of Nuclear Material (Vienna 1980) Obligation to adopt measures related to:  prevention  detection  punishment of offences relating to nuclear material 2005 Amendment – obligations :  to protect nuclear facilities and material in peaceful domestic use, storage and transport  rapid measures to locate stolen/smuggled nuclear material Convention on Early Notification of Nuclear Accidents (Vienna 1986) Aim: - to minimize consequences of a nuclear accident Obligations: - to notify immediately IAEA and states that are or might be affected by the consequences of the accident Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency (Vienna 1986) Aim: - to faciliate prompt assistance in the event of a nuclear accident or radiological emergency - to remove administrative barriers which frequently limit the effectiveness of international assistance in case of emergency situations Obligations: - notification of the state and IAEA - information exchange and assistance coordination - reimbursement of costs 05.12.2017 3 Convention on Nuclear Safety (Vienna 1994) Objectives: -to achieve and maintain a high level of nuclear safety worldwide, - to establish and maintain effective defences in nuclear installations against potential radiological hazards - to prevent accidents with radiological consequences and to mitigate such consequences should they occur Obligations: - to establish a regulatory mechanism to govern the safety of nuclear installations - to establish minimum standards of construction and operation (including licencing and system of inspections) - to establish emergency planning Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Vienna 1997) Objective: - to achieve and maintain a high level of safety worldwide in spent fuel and radioactive waste management - to ensure that during all stages of spent fuel and radioactive waste management there are effective defences against potential hazards - to protect against harmful effects of ionising radiation - to prevent accidents Obligations: - general requirements, - requirements for siting, design and construction of facilities, - safety assessment, - operation, disposal of spent fuel and institutional measures after closure.