A Nuclear Third Party Liability Regime of a Multilateral Nuclear Approaches Framework in the Asian Region

Makiko Tazaki
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Makiko Tazaki: Nuclear Non-Proliferation Research Laboratory, Department of Nuclear Engineering and Management, School of Engineering, The University of Tokyo, 2-11-16, Yayoi, Bunkyo-ku, Tokyo 113-8656, Japan

Sustainability, 2014, vol. 6, issue 1, 1-13

Abstract: There are two primary challenges for establishing nuclear third party liability (TPL) regimes within multilateral nuclear approaches (MNA) to nuclear fuel cycle facilities in the Asian region. The first challenge is to ensure secure and prompt compensation, especially for transboundary damages, which is also a challenge for a nation-based facility. One possible solution is that in order to share common nuclear TPL principles, all states in the region participate in the same international nuclear TPL convention, such as the Convention on Supplementary Compensation for Nuclear Damage (CSC), with a view to its entry into force in the future. One problem with this approach is that many states in the Asian region need to raise their amount of financial security in order to be able to participate in the CSC. The second challenge lies with the multiple MNA member states and encompasses the question of how decisions are to be made and responsabilities of an installation state are to be shared in case of a nuclear incident. Principally, a host state of the MNA facility takes on this responsibility. However, in certain situations and in agreement with all MNA member states, such responsibilities can be indirectly shared among all MNA member states. This can be done through internal arrangements within the MNA framework, such as reimbursement to a host state based on pre-agreed shares in accordance with investment and/or making deposits on such reimbursements in case of an incident.

Keywords: Multilateral nuclear approach (MNA); nuclear third party liability (TPL); the Convention on Supplementary Compensation for Nuclear Damage (CSC) (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2014
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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