Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage
The Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage broadens the scope of the Vienna Convention of 1963, clarifies a number of points and significantly alters the amount that operators are liable to pay if they cause a nuclear incident. The expansion of the geographical scope to wherever nuclear damage is caused is one of the more significant additions in the amending protocol. The widening of the original treaty’s structure is also clear in the redrafted definition of nuclear damage which now includes cases where nuclear damage is caused to the environment. A third vital change is the increase in the liability amount from USD $5 Million to 300 million special drawing rights (SDR), a unit defined by the IMF which is adjusted for inflation and therefore of greater flexibility. Furthermore, the protocol partially shifts this liability from the civil operator to the state in the event that nuclear damage is caused. This is now the case as public funds may now be used directly as compensation if the operator is at the lowest possible limit of 150 million SDR, with the extra 150 million being provided by the state. Moreover, liability is no longer simply for 10 years, but is henceforth 30 years, as a result of the long-term effects of nuclear damage. Although only 13 countries have ratified the treaty it exists as a key text in the wider body of nuclear law.