An analysis and discussion on the concepts of state responsibility and state liability in the context of a nuclear accident or radiological emergency with transboundary effects
| dc.contributor.author | İnal, Arda | |
| dc.contributor.department | TAEK-NGD | tr_TR |
| dc.date.accessioned | 2018-11-06T11:40:04Z | |
| dc.date.available | 2018-11-06T11:40:04Z | |
| dc.date.issued | 2016-01 | |
| dc.description | This paper was written as a dissertation within the International School of Nuclear Law held in Montpellier and organised by OECD Nuclear Energy Agency (NEA) and University of Montpellier in 2015 and prepared within the framework of Publication Style Guide of NEA Legal Affairs Section. Author was awarded and became entitled to receive the ‘ISNL Nuclear Law Diploma’ of Montpellier University after the assessment of the article by NEA. | tr_TR |
| dc.description.abstract | As is known, nuclear related activities, by its very nature, pose special risks to individuals, property and the environment. But it is also well known that nuclear energy holds significant benefits in various fields including electricity production, medicine, agriculture etc. As a result of their both risks and benefits, nuclear related activities need to be kept under a legal regime of regulations covering a regulatory framework, authorisation, continuous control, inspection and imposing sanctions to protect health and safety of persons and the environment. Therefore, very important and various responsibilities are attributed to states via international organizations and legal instruments. For instance, in accordance with the Convention on Nuclear Safety ; “Each Contracting Party shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations.” For another instance, states must establish or designate regulatory bodies which are financially independent, separated from the organizations for utilising or promoting nuclear energy, adequately authorised and competent to set standards and enforce them within the legal framework of the state. At the present time, there are plenty of international treaties and conventions and other instruments agreed or accepted by states and innumerable of national standards or regulations to ensure nuclear safety and security to protect individuals, property, environment and even next generations. Despite all these national and international instruments, Fukushima Daiichi nuclear accident occurred in Japan in 2011 and it has shown us that, nuclear accidents may occur in anytime, anywhere despite the existence of rules, standards, regulations, laws or treaties. At this very point, nuclear liability law and liability regimes come forward and concern with procedures and principles regarding compensation of the damages caused by nuclear incidents. Nuclear liability regime is fundamentally a result of international developments emerging in the nuclear energy field and a branch comprising rules regulated by states and/or international organizations. By this means, this regime becomes a junction point between national and international law principles. Throughout this paper, states’ liability or responsibility within the context of liability regimes will be analysed and discussed. In the first section, “nuclear liability” will be scrutinised and in the second section, concepts of state responsibility and state liability in case of a nuclear accident or radiological emergency with transboundary effects will be analysed and discussed under international law and under nuclear law. | tr_TR |
| dc.identifier.citation | İnal, A. (2016). An analysis and discussion on the concepts of state responsibility and state liability in the context of a nuclear accident or radiological emergency with transboundary effects. Enerji Hukuku Dergisi. Cilt: 5, Sayı: 2016/1, Ocak 2016, Sayfa: 13-46. | tr_TR |
| dc.identifier.endpage | 46 | tr_TR |
| dc.identifier.issn | 2147-1436 | tr_TR |
| dc.identifier.issue | 1-2016 | tr_TR |
| dc.identifier.startpage | 13 | tr_TR |
| dc.identifier.uri | http://kurumsalarsiv.tenmak.gov.tr/handle/20.500.12878/955 | |
| dc.identifier.volume | 5 | tr_TR |
| dc.language.iso | eng | tr_TR |
| dc.publisher | Süleyman BOŞÇA | tr_TR |
| dc.relation.journal | Enerji Hukuku Dergisi | tr_TR |
| dc.rights | info:eu-repo/semantics/openAccess | tr_TR |
| dc.subject | Nuclear liability | tr_TR |
| dc.subject | Nükleer sorumluluk | tr_TR |
| dc.subject | State liability | tr_TR |
| dc.subject | Devletin hukuki sorumluluğu | tr_TR |
| dc.subject | State responsibility | tr_TR |
| dc.subject | Devletin hukuki yükümlülüğü | tr_TR |
| dc.subject | Liability on nuclear accident | tr_TR |
| dc.subject | Nükleer kazalarda sorumluluk | tr_TR |
| dc.title | An analysis and discussion on the concepts of state responsibility and state liability in the context of a nuclear accident or radiological emergency with transboundary effects | tr_TR |
| dc.type | article | tr_TR |