International legal mechanisms of liability for nuclear damage

Abstract

Based on the analysis of accidents in the nuclear sphere, many states have come to the conclusion of the need to develop international legal principles for the settlement of disputes related to accidents and the formation of a regime of responsibility for damage caused to the life and health of people and the environment. The unification of the efforts of many states to develop joint approaches to ensure the safe development of atomic energy allowed the creation of a complex international legal regime – “international nuclear law”.

The aim of the work is determination of the international legal bases of responsibility for causing nuclear damage.

The methodological basis of the study. The following methods of cognition were used in the research process: analysis and synthesis, generalization, dialectical, system-structural methods, formal-legal, legal-technical method.

Results. Various international organizations play an important role in the formation of nuclear law: the IAEA, the Atomic Energy Agency of the Organization for Economic Co-operation and Development (NEA OECD), WNA and others. The documents issued by the IAEA serve as guidelines for the development and approval of laws and other regulatory acts related to the safe use of atomic energy in the countries of the world.

Conventions on liability for nuclear damage were drafted in such a way that most of their provisions (especially the basic principles) were self-executing. Therefore, in principle, each participating state has the right to independently decide, on the basis of its constitutional or legal system, which approach it will use to bring its legislation in accordance with this or that convention: direct application of the provisions of the convention or preparation based on the text of the convention of the national law on nuclear liability.

Conclusions. Currently, in the issue of liability for nuclear damage, countries can be divided into two groups: one group – those that have adopted a special regime in the field of nuclear liability either by joining international conventions or by adopting national legislation; another group – countries that do not have such a special regime.