| Since the first nuclear liability law was born, the system for Nuclear Damagecompensation has been established more than50years. With the common of the internationalcommunity, the system has become relatively perfect. The international conventions anddomestic legislation in countries where the nuclear power is highly developed has a moredetailed and systematic provisions. However, there is few study focus on the system ofNuclear Damage compensation at sea. There are a few studies which are space-limited andnot systematic scattered in maritime law, nuclear liability law and environmental law. Thisdissertation starts from the basic theory of the system for Nuclear Damage compensation atsea, discussed systematically the basic questions, for instance, the subject of rights, thesubject of the liabilities and the liability principle. Provisions in international conventions anddomestic legislations would be compared, and the main problems in the Nuclear Damagecompensation at sea would be pointed out, followed with suggestion.This dissertation is divided into six parts.The first part introduces the definitions for nuclear damage in the internationalconventions and the domestic legislation and puts forward three main aspects which result inthe Nuclear Damage at sea. It can be seen in this dissertation that the system for NuclearDamage compensation at sea enables victims to get relief, and guides potential infringer totake measures actively to reduce and avoid the occurrence of damage. The development of thesystem for Nuclear Damage compensation at sea would be summarized in the end of this part.The second part explains detailed the main reasons that the nuclear installation owners,the nuclear installation operators, the nuclear liability insurer, financial guarantor and the statebeing the subject of the compensation liabilities and their respective responsibility as well.The third part focuses on the subject of right for compensation. A classification would beintroduced in this part, which divided Nuclear Damage at sea into three aspects: personalinjury, property damage and environment pollution. The damage claimant of each aspectwould be discussed respectively.The fourth part of the nuclear maritime is about the principle of damage liability.Through an in-depth analysis of strict liability, absolute liability and no-fault liability, thisdissertation points out that the principle of maritime liability for Nuclear Damage principle ismainly no-fault liability. It also suggested that the operators of nuclear installation should not be considered as the only subject of liability, those potential infringers, the equipmentsuppliers, for example, shall bear the corresponding responsibility. An argument aboutexcluding natural disasters in the exemption is also provided in this part.The fifth part focuses on the compensation mechanism of maritime Nuclear Damage. Itproposes that supplementary compensation mechanism is an organism as whole which iscomposed of systems of Limitation of liability, mandatory liability insurance, financialguarantees and supplementary compensation. The interactions among these systems form aseamless connection system involved with several parties. On one hand, a limitation is posedon the compensation liability of the subject of liability in order to protect the healthydevelopment of the nuclear industry. On the other hand, to enable the victims to receivecompensation, the operators of nuclear installation State are required to provide compensationguarantee in order. International conventions also designed three method of Nuclear Damagecompensation at sea which require all the states parties to offer supplementary compensationwhen the first two methods failed. It can be seen that the compensation mechanism ofmaritime Nuclear Damage is attempt to find balance between the protection of the nuclearindustry and the adequate and timely relief of victims.The sixth part discusses the main problems in the maritime compensation of NuclearDamage and resolutions. The main problems are posed, followed by some suggestions.Nuclear Damage compensation at sea is rely mainly on domestic laws which are differentfrom each other in provisions dealing with specific issues. Thus, it is a good choice toestablish the international unification institute for the system of maritime Nuclear Damagecompensation. |
