Issues Related to Operationalising the Modernised International Nuclear Liability Regime
In the area of nuclear liability, while the modernised international nuclear liability regime aims to achieve a delicate balance between the interests of victims and the nuclear industry, there are challenges to operationalising this regime due to uncertainties as to the scope of nuclear damage that is compensable and how to provide for transboundary claims handling in the event of an accident. There is currently a lack of consensus on addressing these challenges within the international community. This work stream focuses on understanding these uncertainties and exploring how these challenges may be addressed at a regional level.
In the event of a nuclear incident where transboundary nuclear damage is suffered, victims will need certainty as to (i) the heads of damage that are compensable within the scope of nuclear damage covered by the modernised international nuclear liability regime; and (ii) how to go about making claims for such damage suffered, i.e. the transboundary claims-handling process and procedures. In the aftermath of a nuclear incident, the lack of certainty in either of these key areas will hinder the effective operationalisation of the modernised international nuclear liability regime, impacting the flow of compensation when needed most.Â