2006 Fiscal Year Final Research Report Summary
Research on establishment among the eastern Asian countries of legal system for the civil liability for nuclear damage
| Project/Area Number |
16530030
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kumamoto University |
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Principal Investigator |
TADA Nozomi Kumamoto University, School of Law, Professor (40274683)
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| Project Period (FY) |
2004 – 2006
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| Keywords | nuclear damage / cross-border nuclear damage / private international law / international civil litigation law / international convention / international liability / environmental law / Asia |
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| Research Abstract |
The purpose of this research is to study the possibility of the establishment of a legal network for compensation for transboundary damage caused by a nuclear incident among Japan, the People's Republic of China, the Republic of Korea (South Korea), the Democratic People's Republic of Korea (North Korea), and Taiwan. In the East Asia, many nuclear power plants now exist and are planned to be constructed in near future. When a nuclear incident occurs in a nuclear installation and causes nuclear damage outside the territory of the country where that installation is situated, the international nuclear liability regime is needed for compensation for persons suffering damage.
The 1963 Vienna Convention on Civil Liability for Nuclear Damage was amended by the 1997 Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage. The 1997 Vienna Convention establishes some minimum standards to provide financial protection against damage resulting from certain peaceful uses of
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nuclear energy, and it also contributes to the development of friendly relations among nations, irrespective of their differing constitutional and social systems. At the same time, the 1997 Convention on Supplementary Compensation for Nuclear Damage was adopted at a Diplomatic Conference held in Vienna. The Compensation Convention provides the measures provided in the 1997 Vienna Convention and the Paris Convention on Third Party Liability in the Field of Nuclear Energy as well as in national legislation on compensation for nuclear damage consistent with the principles of these Conventions. It establishes a worldwide liability regime to supplement and enhance these measures with a view to increasing the amount of compensation for nuclear damage.
This research examines the 1997 Vienna Convention and the 1997 Compensation Convention as a useful measures for a international nuclear liability regime in the East Asia. They would encourage regional co-operation to promote a higher level of nuclear safety in accordance with the principles of international partnership and solidarity Less
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