Diplomatic Conference on Nuclear Liability concludes

A significant step forward in improving the liability régime for nuclear damage has been taken at a Diplomatic Conference at 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 UN 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 damage during transport. Taken together, the two instruments should substantially enhance the global framework for compensation well beyond that foreseen by existing Conventions.

The outcome represents the culmination of some seven years of efforts to arrive at a result having broad chances of international support. The next step will be for individual States to sign and subsequently ratify the legal instruments, a process which could start as early as this autumn.