LEGAL AND INSURANCE PROBLEMS RELATED TO THE SALVAGE IAEA-SM-286124 OF RADIOACTIVE MATERIALS FROM THE SEA

LEGAL AND INSURANCE PROBLEMS RELATED TO THE SALVAGE OF RADIOACTIVE MATERIALS FROM THE SEA. The costs involved in salvaging radioactive materials from the sea are usually not covered by nuclear third party liability insurance, whereas transpon insurance normally covers such costs. However, in specific cases, such as high level waste transpons, even transpon insurance might not provide sufficient protection. The issue then for the party concerned, which may be obliged to salvage, becomes complex. According to administrative laws concerning public order and security in the Federal Republic of Germany (FRG), the owner of cargo which represents a disturbance to the public order can be obliged to remove such a disturbance (in this case, salvaging the radioactive materials). These laws are applicable not only when the cargo is to be salvaged within the territorial waters of the FRG, but also for salvage operations on the open seas when the public order and security of the FRG is, or might be, negatively affected. The latter application does not conflict with international law. However, it should be mentioned that according to international law, no state is allowed to enforce its own administrative laws against persons or organizations residing in a foreign state. In such cases, the foreign state must be asked to enforce the salvage obligation. The owner of the cargo usually cannot take recourse with respect to the salvage costs against such third panies as the shipping companies involved in the accident or the shipping agent because, according to international treaties, the liability of these panies for nautical negligence that causes damage to the transpon goods is excluded. Recently, it has become possible to buy special insurance coverage for salvage costs.