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INTERNATIONAL ENVIRONMENTAL LAW
NUCLEAR ENERGY
IAEA = International
Atomic
Energy
Agency
Nuclear Power Plant in Temelin, CR
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 (Vienna 1997)
Protocol to Amend the 1963 Vienna Convention (1997)
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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
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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.
TEMELIN NUCLEAR POWER PLANT CASE
• Temelin is located in the southern part of the CR, app. 60 km from the
Austrian border
• A case had been brought under an
Austrian law that states:
o A landowner can prohibit his neighbor from
causing nuissance emanating from the latter´s land if it exceeds
normal local levels and significantly interferes with the usual use of
the land.
o If the nuissance is caused by an officially authorized installation, the
landowner is entitled to bring court proceedings for compensation.
o Austrian courts have no authority over another Member State
Ruling of the CJEU (C-115/08 Land Oberösterreich v. ČEZ, a.s.):
• The MS must take into account of official authorization issued in
other MS concerning construction and operation of the plant.