Research On The International Legal Mechanism On Nuclear Damage Liability And The Response Of China

The 2011 Japan earthquake triggered a series of chain reactions that led to a nuclear accident at the Fukushima Daiichi nuclear power plant.Ten years later,the Japanese government announced its decision to discharge nuclear wastewater into the sea,bringing the concerns about nuclear energy applications to the forefront again.In 2022,the First International Conference on Nuclear Law:The Global Debate was held at the headquarters of the International Atomic Energy Agency(IAEA)in Vienna.Director General Grossi,R.M.pointed out that there are four pillars of nuclear law,namely nuclear safety,nuclear security,nuclear safeguards("3S")and civil liability for nuclear damage.The international nuclear damage liability legal mechanism originated in the 1960s.After more than 60 years of development,three major systems have been established in the field of international nuclear damage compensation liability.They have developed and improved in an integrated manner,and the IAEA has been working to establish a global regime of nuclear damage liability.This paper studies the international legal mechanism of nuclear damage liability and China’s response to it.It analyzes the origin,development,principles,shortcomings and improvement measures of the international nuclear damage compensation liability legal mechanism,and compares it with China’s current nuclear damage liability system.It suggests that China should improve its own nuclear damage compensation liability mechanism by learning from the international legal mechanism and adapting it to China’s national conditions and nuclear development goals.When constructing the nuclear damage liability compensation system in China,it is important to grasp the the value pursuit of legislation.It should shift from the traditional tendency of protecting the operator’s interests to maintain the development of the nuclear energy industry,to favoring the protection of the public’s interests.It also argues that China should join the Convention on Supplementary Compensation for Nuclear Damage,which is the most advanced and universal international legal instrument in this field.This paper aims to provide theoretical guidance and practical suggestions for China’s participation in and contribution to the global nuclear liability regime.