Vienna Convention on Civil Liability for Nuclear Damage

Vienna Convention on Civil Liability for Nuclear Damage

Background

In September 1997, many of the world's governments took a significant step forward in improving the liability regime for nuclear damage. At a Diplomatic Conference at International Atomic Energy Agency (IAEA) Headquarters in Vienna, 8-12 September 1997, delegates from over 80 States adopted a Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage and also adopted a Convention on Supplementary Compensation for Nuclear Damage.

The Protocol sets the possible limit of the operator's liability at not less than 300 million Special Drawing Rights (SDRs) (roughly equivalent to 400 million US dollars). The Convention on Supplementary Compensation defines additional amounts to be provided through contributions by States Parties on the basis of installed nuclear capacity and United Nations rate of assessment. The Convention is an instrument to which all States may adhere regardless of whether they are parties to any existing nuclear liability conventions or have nuclear installations on their territories. The Protocol contains inter alia a better definition of nuclear damage (now also addressing the concept of environmental damage and preventive measures), extends the geographical scope of the Vienna Convention, and extends the period during which claims may be brought for loss of life and personal injury. It also provides for jurisdiction of coastal states over actions incurring nuclear...
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