'European Exceptionalism' and nuclear third party liability. (25th May 2011)

• Record Type: Journal Article
• Authors: Handrlica, Jakub
• Is Part Of: International journal of nuclear law. Volume 3:Number 3(2011)
• Page Start: 163
• Page End: 192
• Publication Date: 2011-05-25
• Subjects: nuclear liability harmonisation -- European Exceptionalism -- nuclear liability labyrinth -- Euratom's treaty-making powers -- mixed agreements -- nuclear liability directive; Nuclear energy -- Periodicals; Nuclear energy -- Management -- Periodicals; Nuclear industry -- Periodicals; Nuclear industry -- Management -- Periodicals; 343.410925
• Languages: English
• ISSNs: 1741-6388

Abstract

In Europe, we are currently facing a labyrinth of international treaties that create a number of different regimes in nuclear liability. The problem can also be seen as part of a more complex process, which has been described as ' European Exceptionalism ' in the literature. This paper deals with the problem from two points of view. First, it will deal with the question of whether the accession of Euratom to a liability convention will be a viable option and what kind of implications such a step will have. Second the issue will be dealt concerning a potential nuclear liability directive, as well as its implications upon commitments to these nuclear liability treaties. At the end, the most sensitive part of questions will be addressed: implications of potential conflict between commitments arising from such a directive and from the existing international agreements.