Title: A Proposal for Arbitrating Disputes Arising from Nuclear Damage
Author(s): Xiaohan Cai (View Profile)
Journal: Indian Review of International Arbitration
Source: www.iriarb.com
Abstract:
As global interest in nuclear energy surges due to its potential for low greenhouse gas emissions and energy security, the existing international legal framework for civil liability in nuclear incidents remains inadequate. This paper examines the current international civil liability regime, focusing on the Vienna Convention and the 1997 Convention on Supplementary Compensation for Nuclear Damage, highlighting their limited adoption. It argues that the lack of widespread acceptance of these conventions leaves significant gaps in legal recourse. The paper advocates for the use of international arbitration as an alternative means of addressing civil disputes arising from nuclear incidents, emphasizing its benefits such as enforceability, neutrality, expertise, procedural flexibility, and speed. This paper also addresses the hurdles to obtaining consent for arbitration agreements. It aims to illustrate how arbitration can provide a viable solution with the support of States and operators, ensuring that victims have access to justice in the event of a nuclear incident.
Keywords: Nuclear energy, nuclear damage, Vienna Convention, Convention on Supplementary Compensation, civil liability, arbitration
Cite this as: Xiaohan Cai, “ A Proposal for Arbitrating Disputes Arising from Nuclear Damage” 4 IRIArb (2024).
*The views expressed are of author(s) only.