Extent of the ability to compensate nuclear damages in accordance with the extraordinary rules of the civil liability for nuclear damage in the International Nuclear Conventions and the national Nuclear legislations A comparative analytical study

Abstract

Nuclear Damage differs from the rest of damages in terms of severity, spatial, speed of deployment, and invisible character. Therefore an exceptional system of civil liability was introduced, that relies on the objective liability as basis for compensation. Some of these nuclear damages can be compensated in accordance with the rules of the civil liability for nuclear damage and some cannot, they are referred to the general rules of the civil liability, in order to compensate them. Nuclear damages which are compensable under these exceptional rules are physical and genetic damages, and damages to money. However, nuclear damages which are not compensable under these rules are: moral damages, physical injuries of laborers, financial damages that occurred to the nuclear facility which caused the accident, damages to the money based on the site of the nuclear facility and damages to transports. The research concluded that it is necessary to follow the German nuclear legislation example, to compensate moral damages according to certain criteria and the ability of combining social insurance compensations and compensation due under the nuclear law.