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
The Price-Anderson Nuclear Industries Indemnity Act (Price-Anderson Act) was first signed into law on September 2, 1957. The act serves as an amendment to the 1946 Atomic Energy Act (AEA), intended to stimulate development of the private nuclear industry by establishing limits of liability and indemnifying the nuclear industry against liability from a nuclear incident. Additionally provides compensation coverage for the general public in case of an incident. (Hore, 2009). The Price-Anderson Act places an increasingly disproportionate liability on the taxpayer in the event of a nuclear incident, whether accidental, from negligent or malicious acts, effectively protecting the industry regardless of fault.
Summary: In 1973 the supreme court had the "Doe vs. Bolton" case. This case had to deal with abortion. In Georgia the abortion laws were if a woman was either in danger or could die from the pregnancy, the fetus could be born with a serious birth defect, or the woman was pregnant because she was raped. You also had to be approved to get an abortion by 3 different physicians and a special committee of the staff where abortions were performed.
Christopher Millson, in his article, “Nuclear Weapons Testing in the United Sates: Sacrificing Health for National Defense,” talks about the beginning period of nuclear weapons. He talks about how policies changed through the years to keep a strong security against the Soviet Union, and eventually providing benefits to the victims of atomic bomb testing. One of the first policy changes described by Millson is the United Sates changing the location of bomb testing. He mentions that for a period of time the US tested bombs in the pacific.
In “Nuclear Power is Not the Answer,” Helen Caldicott argues that pursuing nuclear energy would be a detriment to the United States. According to Caldicott, nuclear power, contrary to what the industry claims, is not clean and green, but rather a pollutant and a strong contributor to the destruction of the ozone layer. Because of the availability of uranium ore steadily decreasing, the process is requiring more and more fossil fuels to extract the ore. Caldicott projects that within ten to twenty years, nuclear reactors will be counterproductive because of the amount of fossil fuel it will take to mine the remaining uranium. In addition to air pollution, nuclear power plants also emit radioactive gases and materials that have the potential
The authorities do not enforce the rules for protective clothing with pesticide use. When European countries continue to do business with companies that are not following safety protocols, they are supporting the idea of unsafe work environments. Powerful companies take advantage of the lack of laws and regulations to produce products at lower costs in other countries. They gain extreme amounts of profit due to the absence of laws and enforcement in India. For example, developing countries produce products at low cost because
Located in North St. Louis, Coldwater Creek was once a natural beauty. Children would explore its wonders, reveling in the innocence of their childhood games. From catching frogs and tadpoles to playing games of hide and go seek, the children were completely unaware that the waters and sediment they waded through contained a danger that, come adulthood, could likely end their lives. In 1942, for roughly six months, a mass amount of uranium oxide for the use in nuclear reactions was produced in downtown St. Louis. The waste from this production was carelessly stored at the St. Louis Airport Storage Site (SLAPSS), where it was exposed to the copious elements of the area’s climate.
Nuclear Energy IS Australia’s Future Introduction: I wholeheartedly believe that Nuclear Energy will play an inevitably central role as a reliable energy source in Australia’s future. Australia must invest in Nuclear energy because coal and oil are becoming scarce, requires less fuel and is eco-friendly. Australia is blessed with the world’s largest known uranium resources (a bountiful 38% according to Professor Mary O’Kane NSW Chief Scientist and Engineer). ANSTO (Australian Nuclear Science and Technology Organisation) reports: ‘No country of Australia’s economic size or larger is without nuclear power’.
The industrial era, one filled with great inventions, working employees on the rise and a new beginning. Along with great rising, came with it many conflicts. During this time period a variety of roles were played, even young children had a role. Amongst, the variety of roles played, the most important involved business leaders and the government. With change coming so rapidly as well as corruption, laws and acts were in desperate need at this time.
Nuclear Power Support or Fear The global energy demand is increasing as years go by as there is a rapid growth of population in deed of power. Due to the high demand for energy, many people are opting to replace other forms of energy with nuclear power because of its safety, reliability, and sustainability. In addition, it is one of the cleanest carbon free sources of energy available in the world today. Nuclear power is the use of continuous nuclear fission to produce electricity and heat.
Throughout the case of Tardif vs Wiebe the concepts of liability are explored. Both in which situation it arises and the consequence that go along with it when a business is held responsible. The case study provides an excellent example of liability. Vicarious liability is explained as when an “employer is liable for the injuries caused by employees during their employment” (Yates, R.A., 2016).
Risk Assessment 1. Capability assessment: What skills and resources are necessary to execute a successful attack using portable nuclear weapons? Are there any terrorist groups that possess these skills and resources? Explain.
“Nuclear power will help provide the electricity that our growing economy needs without increasing emissions. This is truly an environmentally responsible source of energy.” Michael Burgess Prior to the introduction of nuclear energy, fossil fuel was thought to be the only available source in producing energy. Although fossil fuel, such as coal, petroleum, and natural gas, contains high energy value, it produces too many harmful byproducts that ultimately pollute our environment. With the rising concerns over global warming as more and more greenhouse gases accumulate in our Earth’s atmosphere, many voice such opinions that new alternative, yet sustainable method must be adopted to produce energy.
Nuclear energy is something that we`ve all heard about. It carries risk and potential. When an atom (Uranium and Plutonium in nuclear power plants) is bombarded by neutrons, it can be split, causing fission. This fission releases more neutrons, which causes a chain reaction. Nuclear power plants use this use the heat that is created by fission to heat water that spins their turbines (“Nuclear Energy”).
In this case, Shriram Industries was allowed to operate in a designated air pollution control area. Oleum Gas leaked accidentally from the factory. Though the company was in compliance with the limits permissible air pollution laws at that time, the Supreme Court of India slapped the company with liability for the accidental leakage of gas. Hence, Courts of India uphold the “polluter pays principle” for damages caused on account of polluting activities whereby the polluting parties have to pay out civil liabilities for environmental
Breach of confidence is already seen as an independent tort in the United Kingdom, whereas in India there has been a gradual increase in recognizing breach of confidentiality