Exceptions To The Responsibility Of Operating Nuclear Installation In The Process Of Transportation Of Nuclear Materials In International Conventions

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Onvani Abbas; Ghaboli Dorafshan Seyed MohammadMehdi; Hosseini Poya Seyed Mohsen

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Journal: Energy Law Studies Year:2020 | Volume:5 | Issue:2 Page(s): 373-395

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Title

Exceptions To The Responsibility Of Operating Nuclear Installation In The Process Of Transportation Of Nuclear Materials In International Conventions

Author(s)

Onvani Abbas | Ghaboli Dorafshan Seyed MohammadMehdi | Hosseini Poya Seyed Mohsen | Issue Writer Certificate

Keywords

The Operator of Nuclear InstallationsQ1

Exclusive LiabilityQ1

strict liabilityQ1

Exceptions of ResponsibilityQ1

Exonerations FactorsQ1

Right of RecourseQ1

Abstract

Nuclear law in international documents such as the 1960 Paris Convention and the 1963 Vienna often the operator of a nuclear installation shall be liable for nuclear damage. Whether the damage caused by a nuclear incident occurred in his nuclear installation or during the transport of nuclear material. Civil liability arising from nuclear incidents is of strict liability, and for this kind of responsibility, a causal relationship is needed. Therefore, factors that cause a relationship to be disrupted, such as force Major, gross negligence of the person, and third-party action can relieve the operator from his obligation or civil liability. The question raised by these documents is whether, despite the acceptance of the principle of Exclusive Liability in nuclear incidents, it is possible to identify exemptions of the operator. The responsibility of the operator follows two important principles: non-fault liability and his Exclusive Liability. There are exceptions to these two rules. result of the article concludes that despite accepting the Exclusive Liability of operator, these conventions have identified cases as exceptions to operator liability. Exceptions include "cases of non-responsibility", "cases of exemption or Exonerations Factors " and "cases of Right of Recourse operator" in the present article.

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APA: Copy

Onvani, Abbas, Ghaboli Dorafshan, Seyed MohammadMehdi, & Hosseini Poya, Seyed Mohsen. (2020). Exceptions To The Responsibility Of Operating Nuclear Installation In The Process Of Transportation Of Nuclear Materials In International Conventions. JOURNAL OF RESEARCHES ENERGY LAW STUDIES, 5(2 ), 373-395. SID. https://sid.ir/paper/264317/en

Vancouver: Copy

Onvani Abbas, Ghaboli Dorafshan Seyed MohammadMehdi, Hosseini Poya Seyed Mohsen. Exceptions To The Responsibility Of Operating Nuclear Installation In The Process Of Transportation Of Nuclear Materials In International Conventions. JOURNAL OF RESEARCHES ENERGY LAW STUDIES[Internet]. 2020;5(2 ):373-395. Available from: https://sid.ir/paper/264317/en

IEEE: Copy

Abbas Onvani, Seyed MohammadMehdi Ghaboli Dorafshan, and Seyed Mohsen Hosseini Poya, “Exceptions To The Responsibility Of Operating Nuclear Installation In The Process Of Transportation Of Nuclear Materials In International Conventions,” JOURNAL OF RESEARCHES ENERGY LAW STUDIES, vol. 5, no. 2 , pp. 373–395, 2020, [Online]. Available: https://sid.ir/paper/264317/en

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