NUCLEAR LIABILITY UNDER THE PARIS CONVENTION IN THE TRANSPORT OF RADIOACTIVE MATERIALS

Radioactive materials are without any doubt dangerous materials, which may cause very important damages in case of an accident. Although the safety level in the transport of nuclear materials is very high if the corresponding regulations are fulfilled. it is impossible to absolutely exclude personal or material damages in case of an accident. This is why the necessary provisions must be made, to make sure claims for indemnity may be fulfilled. In order to improve the situation of potential victims of damages the Paris Convention on Third Party Liability in the Field of Nuclear Energy has been established. Tills convention is based on two main characteristics: the principle of strict but limited liability and the channelling of liability to the so-called operator of the nuclear installation. Moreover a financial security is required to cover the third party nuclear liability. One cannot, however, talk of a uniform liability situation, as the Paris Convention concedes many exceptions to the signatory countries. This paper will present the situation from the German point of view, and the differences with other signatory countries will be shown.