Nuclear Liability Legislation
Research Problem Development of the Nuclear Liability Legislation internationally started with the 1957 Price Anderson Act (PAA) of the USA as a civil liability act enacted to protect the interest of the victims of a nuclear incident, operators and suppliers, with the civil liability borne by nuclear industries (operator). International conventions which followed the PAA (the Paris Convention of 1960 (PC)), the Vienna Convention of 1963 (VC) and the Convention on Supplementary Compensation of 1997 (CSC)) enumerating the international principles, were driven by the objectives of the PAA imposing the civil liability similarly. As far as Indian position is concerned, in 2008, India and the US signed a historic deal for cooperation in civilian …show more content…
However, the author maintains that while Indian law has public welfare at the core consideration (where suppliers have the liability in cases of nuclear incidents , and India voluntarily following the non-proliferation rules(in spite of being a non-signatory to the NPT) has been termed as a responsible Nuclear State), is not in consonance with the international regime. Further, a research paper written by G Balachandran discusses and analyses, The Civil Liability for Nuclear Damage Bill, 2010 taking into account all national and international factors. Through this paper, the author has discussed the rationale for a nuclear liability law and set out the requirements of a nuclear liability law in conformity with international conventions and other national legislations, the treatment of supplier’s liability in Indian law, nuclear insurance and other compensatory aspect and dependence of India on public welfare principles. …show more content…
In contrast, Indian regime (India being a non-nuclear state under the NPT) also a compensatory regime, relying on public welfare principle holds the nuclear supplier and government liable as well which is not in consonance with the international regime. North Korea on the other hand being a non-nuclear state has a complete lack of civil liability regime. Thus because of varied approach to civil liability in face of nuclear damage across the three nations, need to develop a harmonious international approach towards the civil liability regime is required in creating an effective global
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