Participation by Developing Countries in the Convention on Supplementary Compensation for Nuclear Damage: A Western Balkans Perspective

Abstract

On 15 January 2015 Japan signed and delivered the instrument of acceptance of the Convention on Supplementary Compensation for Nuclear Damage. This Convention entered into force on 15 April 2015. Since this is an important instrument relating to liability and compensation for damages caused by a nuclear accident, we are interested in the Western Balkans perspective. The majority of the Western Balkans countries (Republic of Bosnia and Herzegovina, Republic of Bulgaria, Republic of Croatia, Montenegro, Republic of Serbia, and Republic of Macedonia) are part of the international regime of nuclear liability that was established with the Vienna Convention on Civil Liability for Nuclear Damage in 1963. As of yet none of them has deposited an instrument of ratification, acceptance or approval for the Convention on Supplementary Compensation for Nuclear Damage yet. This paper will attempt to argue that the Western Balkans should, in future, become part of this new international nuclear liability regime. The new nuclear liability regime is the path to a global regime for dealing with civil liability and compensation for nuclear damage and, more important, it is the way to accomplish that the citizens of both generating States and non-generating States can promptly receive meaningful compensation for nuclear damage with a minimum of litigation and other burdens.

Keywords: nuclear damage, civil liability, compensation, principles.