Abstract
South Asia is one of the densely populated regions of the world. A disaster in the nature of nuclear accident in one country will have a significant impact on the life and livelihood of large population across the region. Currently, major economies in South Asia are expanding their nuclear energy programmes, and this poses a transboundary risk. The risk is aggravated by the fact that countries in South Asia are not a part of any common international nuclear liability framework, nor do they have reciprocal domestic law. This subjects the region to an uncertain liability and compensation regime. This chapter explores the legal response mechanisms available in respect to state liability and compensation. The paper argues that the South Asian Association for Regional Cooperation (SAARC), a regional community of South Asian countries, is the appropriate institutional mechanism available to form a regional nuclear risk community.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
NSG Guidelines INFCIRC/254, Part I: Guidelines for nuclear transfers The first set of NSG Guidelines governs the export of items that are especially designed or prepared for nuclear use. These include (i) nuclear material, (ii) nuclear reactors and equipment therefore, (iii) non-nuclear material for reactors, (iv) plant and equipment for reprocessing, enrichment and conversion of nuclear material and for fuel fabrication and heavy water production; and (v) technology associated with each of the above items. INFCIRC/254, Part II: Guidelines for transfers of nuclear-related dual-use equipment, materials, software and related technology The second set of NSG Guidelines governs the export of nuclear-related dual-use items and technologies, that is items that can make a major contribution to an unsafeguarded nuclear fuel cycle or nuclear explosive activity, but which have non-nuclear uses as well, for example in industry.
- 2.
Basis of the ICJ's Jurisdiction:
(a) Special agreement: Article 36, para 1, of the Statute provides that the jurisdiction of the Court comprises all cases which the parties refer to it. Such cases normally come before the Court by notification to the Registry of an agreement known as a special agreement and concluded by the parties specially for this purpose 2. The subject of the dispute and the parties must be indicated (Statute, Article 40, para 1; Rules, Article 39).
(b) Cases provided for in treaties and conventions: Article 36, para 1, of the Statute provides also that the jurisdiction of the Court comprises all matters specially provided for in treaties and conventions in force. In such cases a matter is normally brought before the Court by means of a written application instituting proceedings 3; this is a unilateral document which must indicate the subject of the dispute and the parties (Statute, Article 40, para 1) and, as far as possible, specify the provision on which the applicant founds the jurisdiction of the Court (Rules, Article 38).
(c) Compulsory jurisdiction in legal disputes: The Statute provides that a State may recognize as compulsory, in relation to any other State accepting the same obligation, the jurisdiction of the Court in legal disputes.
(d) Forum prorogatum: If a State has not recognised the jurisdiction of the Court at the time when an application instituting proceedings is filed against it, that State has the possibility of accepting such jurisdiction subsequently to enable the Court to entertain the case: the Court thus has jurisdiction as of the date of acceptance in virtue of the rule of forum prorogatum.
(e) The Court itself decides any questions as to its jurisdiction: Article 36, para 6, of the Statute provides that in the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court. Article 79 of the Rules lays down the conditions which govern the filing of preliminary objections.
(f) Interpretation of a judgment (Rules, Article 98) 5 and (g) Revision of a judgment (Statute, Article 61, para 1).
- 3.
Regulation made under Nuclear Liability Act (R.S.C., 1985, c. N-28): (1) Declaring the United States to be a Reciprocating Country for Purposes of the Act (SI/78-179), and, (2) Canada-United States Nuclear Liability Rules (C.R.C., c. 1240).
- 4.
Russia assisted Kudankulam Atomic Power Project will have in the initial phase 2*1000 MWe VVER-1000 reactors which is expected to be generate power by 2011/2012. Construction of another two reactors of the same specification is also begun on the same site. It is reported that the plant has the capacity to accommodate a total of 8 units.
- 5.
The SAARC Agreements that are in place are; (1) Agreement for establishment of the SAARC Arbitration Council; (2) Final Agreement on Avoidance of Double Taxation; (3) Final Agreement on Customs Matters; (4) Agreement on establishing the SAARC food bank; (5) Agreement on the South Asian Free Trade Area (SAFTA); (6) Agreement on the Establishment of South Asian Regional Standards Organisation (SARSO).
- 6.
The SAARC Conventions that have been adopted are, (1) SAARC Convention on Combating and Prevention of Trafficking in Women and Children for Prostitution; (2) Convention on Promotion of Welfare of Children; (3) Convention on Mutual Assistance on Criminal Matters; (4) SAARC Convention on Narcotics Drugs; (5) SAARC Regional Convention on Suppression of Terrorism and Additional Protocol on Terrorism.
- 7.
The Road Maps developed by SDMC are,
-
1.
Regional Cooperation on Application of Science and Technology for Disaster Risk Reduction and Management
-
2.
Regional Cooperation on Coastal and Marine Risk Mitigation Plan for South Asia
-
3.
Regional Cooperation on Climate Change Adaptation and Disaster Risk Reduction
-
4.
SAARC Roadmap for Mainstreaming Disaster Risk Reduction in Development
-
5.
Community Based Disaster Management in South Asia
-
6.
Regional Cooperation on Earthquake Risk Management in South Asia
-
7.
Regional Cooperation on Landslide Risk Management in South Asia
-
8.
SAARC Regional Road Map on Urban Risk Management in South Asia: Invest Today for a Better Tomorrow
-
9.
Regional Cooperation for Drought Risk Management in South Asia
.
-
1.
References
Alexandrov, S. A. (2006). The compulsory jurisdiction of the international court of justice: how compulsory is it?’ Chinese Journal of International Law, 5(1), 29–38. Retrieved November 22, 2012, from http://chinesejil.oxfordjournals.org/content/5/1/29.full.pdf+html.
Banerjee, S. (2011). Address at the IAEA ministerial conference on nuclear safety, transcript, International Atomic Energy Agency. Retrieved June 20, viewed March 27, 2012, from http://www-pub.iaea.org/MTCD/meetings/PDFplus/2011/cn200/plenary/p_d1_india.pdf.
Begum, Z. (2008). Status of Nuclear Activities of Bangladesh Atomic Energy Commission. Paper Presentation at 16th WIN-Global Conference, 26–30 May, Marseilles. Retrieved January 21, 2011, from http://www.wincanada.org/uploads/filemanager/pdf/WIN-Global_2008_Conference/Country_Reports/Bangladesh_Full_Paper.pdf.
Bekker, P. H. F. (2000). Aerial incident of 10 August 1999 (Pakistan v. India). The American Journal of International Law, 94(4), 707–713.
Bloom, D. E., & Rosenberg, L. (2011). The Future of South Asia: Population Dynamics, Economic Prospects, and Regional Coherence. The program on the global demography of aging working Paper No. 68, Harvard. Retrieved April 10, 2012, from http://www.hsph.harvard.edu/pgda/working.htm.
Bukhari, S. S. H., & Rehman, A.-U. (2011). Pakistan-China nuclear deal & international fictions. Berkeley Journal of Social Sciences, 1(3), 1–14. Retrieved May 14, 2012, from http://berkeleyjournalofsocialsciences.com/March5.pdf.
Chidambaram, R. (2006). India and the international atomic energy agency. Atoms for Peace: An International Journal, 1(2–3) 137–144.
DAE. (2005). Cooperation Agreement Between India and USA on Peaceful Uses of Nuclear Energy. Retrieved May 24, 2011, from http://www.dae.gov.in/indous.pdf.
Dash, K C. (1996). The Political economy of regional cooperation in south asia, Pacific Affairs, 69(2), 185–209.
Dhungel, D. (2005). South Asian association for regional co-operation (SAARC): Prospects for development. The Pakistan Development Review, 43(4), 933–941. Retrieved September 12, 2011, from http://www.pide.org.pk/pdf/PDR/2004/4/PartII/Dwarika%20Dhungel.pdf.
Dubey, M. (2007). SAARC and South Asian economic integration. Economic and Political Weekly, 42(14), 1238–1240.
Haque, M. M. (2009). Challenges and Opportunities to Introduce the First Nuclear Power Plant in Bangladesh. Paper presentation made at IAEA technical meeting, 27–30 October. http://www-pub.iaea.org/MTCD/publications/PDF/P1500_CD_Web/htm/pdf/topic2/2S01_MM%20Haque_PM.pdf.
IAEA. (2008). Communication Dated 10 September 2008 Received from the Permanent Mission of Germany to the Agency Regarding a “Statement on Civil Nuclear Cooperation with India”, INFCIRC/734 (Corrected), IAEA. Retrieved April, 27, 2012, from http://www.iaea.org/Publications/Documents/Infcircs/2008/infcirc734c.pdf.
IAEA. (2009a). The Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities, Information Circular INFCIRC/754. IAEA. Retrieved May, 14 2011, from http://www.iaea.org/Publications/Documents/Infcircs/2009/infcirc754.pdf.
IAEA. (2009b). Energy, Electricity and Nuclear Power Estimates for the Period up to 2030. IAEA Reference Data Series No. 1, IAEA. Retrieved June, 22 2012, from http://www-pub.iaea.org/MTCD/publications/PDF/RDS1-29_web.pdf.
IAEA. (2009c). IAEA Revises Nuclear Power Projections Upward. Retrieved July 10, 2012, from http://www.iaea.org/newscenter/news/2009/npprojections.html.
IAEA. (2010). Agreement Between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities: Addition to the List of Facilities Subject to Safeguards Under the Agreement. INFCIRC/754/Add.2, IAEA. Retrieved April 22, 2012.
IAEA. (2011a). IAEA Projects Slower Nuclear Growth After Fukushima. Retrieved July 24, 2012, from http://www.iaea.org/newscenter/news/2011/nuclgrowth.html.
IAEA. (2011b). Bangladesh Progresses Toward Nuclear Power. Retrieved April 22, 2012, from http://www.iaea.org/newscenter/news/2011/bangladeshprog.html.
IAEA. (2014). Power Reactor Information System-Pakistan. Retrieved August 20, 2014, from http://www.iaea.org/pris/CountryStatistics/CountryDetails.aspx?current=PK.
ICJ. (2000). Aerial Incident of 10 August 1999 (Pakistan v. India), Jurisdiction of the Court, I. C. J. Reports, p. 12
Jha, U. C. (2004). Environmental issues and SAARC. Economic and Political Weekly, 39(17), 1666–1671.
Ministry of Environment, Science and Technology, Nepal 2007, National Nuclear Policy 2007. Retrieved December 24, 2011, from http://www.most.gov.np/np/images/stories/policies/nationalnuclearpolicy-2007.pdf.
Nuclear Non-Proliferation Act. (1978), 22 U.S.C. § 3201.
Obaidullah, A. N. M. (2010). Integrated energy potential of south Asia: vision 2020. Islamabad: SAARC Energy Centre Project Report.
Obino, F. (2009). The political challenge for South Asia and beyond. Economic and Political Weekly, 44(9), 118–125.
Pakistan Nuclear Regulatory Authority. (2008). Regulations on management of a nuclear or radiological emergency—(PAK/914) (Rev.0). The Gazette of Pakistan. Retrieved August 24, 2011, from http://www.pnra.org/legal_basis/PAK-914.pdf.
Parvez, A. (2011). Address at the 55th IAEA General Conference, transcript, Pakistan Atomic Energy Commission. Retrieved September 19–23, viewed July 07, 2012, from http://www.iaea.org/About/Policy/GC/GC55/Statements/pakistan.pdf.
Press Trust of India. (2012). Pakistan Plans to Build Two Nuclear Power Plants in Sindh, NDTV. Retrieved April 23, viewed June 5, 2012, from http://www.ndtv.com/article/world/pakistan-plans-to-build-two-nuclear-power-plants-in-sindh-201022.
Rahman, K.M.R. (2012). Bangladesh experience in self-evaluation of nuclear infrastructure. Paper Presentation at the Iaea Technical Meeting on Evaluation Methodology of the Status of National Nuclear Infrastructure Development and Integrated Nuclear Infrastructure Review. Retrieved June 18–20, viewed May 17, 2012, from http://www.iaea.org/NuclearPower/Downloads/Infrastructure/meetings/2012-06-18-20-TM-Vienna/13.Bangladesh_Experience_in_Self_Evaluation.pdf.
Rajya Sabha. (2012a). Unstarred Question no. 4499, transcript, Department of Atomic Energy. Retrieved May 17, viewed August 22, 2012, from http://www.dae.nic.in/writereaddata/rsus4499.pdf.
Rajya Sabha. (2012b). Global Centre for Nuclear Energy Partnership, Unstarred Question no. 3724, transcript, Department of Atomic Energy. Retrieved May 10, viewed August 22, 2012, from http://dae.nic.in/writereaddata/rsus3724.pdf.
Rajya Sabha. (2012c) Sri Lankan Concern Over Kudankulam Plant, Unstarred Question NO. 2950. Retrieved May 03, viewed August 22, 2012, from http://dae.nic.in/writereaddata/parl/rsus2950.pdf.
Ranawaka, C. (2012). Address at the 54th regular session of the IAEA general council, transcript, International Atomic Energy Agency. Retrieved September 20, viewed November 25, 2012, from http://www.iaea.org/About/Policy/GC/GC54/Statements/srilanka.pdf.
Rasel, R. A. (2014). Plans afoot for another nuke power plant with Japanese assistance, Dhaka Tribune. Retrieved June 15, viewed September 12, 2014, from http://www.dhakatribune.com/foreign-affairs/2014/jun/15/plans-afoot-another-nuke-power-plant-japanese-assistance#sthash.M7GtMHiG.dpuf.
SAARC Disaster Management Centre (SDMC). (2008). Comprehensive framework on disaster management. New Delhi: SDMC.
SAARC Disaster Management Centre (SDMC). (2011). SAARC road maps on risk management in South Asia. New Delhi: SDMC.
Schwartz, A. J. (2006). International Nuclear Third Party Liability Law: The Response to Chernobyl in the International Nuclear Law in the Post-Chernobyl Period, OECD, Paris
Scott, G. L., & Carr, C. L. (1987). The ICJ and compulsory jurisdiction: The case for closing the clause. The American Journal of International Law, 81(1), 57–76.
Shah, S. (2010). Pakistan pushes US for nuclear technology deal. The Guardian, 22 March. Retrieved June 27, 2011, from http://www.guardian.co.uk/world/2010/mar/22/pakistan-us-nuclear-technology-deal
Siddiqui, Z. H., & Qureshi, I. H. (2005). Nuclear power in Pakistan. The Nucleus, 42(1–2), 63–66.
Syed, B. S. (2014). 8,900 MW nuclear power generation planned, The Dawn 02 January. Retrieved August 10, 2014, Published Jan 02, 2014 06:43 am, from http://www.dawn.com/news/1077816.
The Daily Times. (2013). Nawaz Launches Country’s Largest Nuclear Power Project: Pakistan to Make Nuclear Largest Energy Source. Retrieved November 27, viewed August 1, 2014, from http://www.dailytimes.com.pk/islamabad/27-Nov-2013/nawaz-launches-country-s-largest-nuclear-power-project-pakistan-to-make-nuclear-largest-energy.
The South Asian Association for Regional Cooperation (SAARC). (2008). Report on SAARC conference on interdependence between energy policy and other sectoral policies. SAARC Energy Newsletter, 2(3), 1–2.
United Nations Environment Programme (UNEP). (2009). South Asia Environment Outlook 2009. Retrieved April 16, 2011, from http://www.saarc-sec.org/userfiles/SAEO%202009.pdf.
UN Population Statistics (2011). Population and Vital Statistics Report Statistical Papers Series A Vol. LXIII, Retrieved 15 April 2014, http://unstats.un.org/unsd/demographic/products/vitstats/Sets/Series_A_2011.pdf
World Nuclear Association. (2014). Nuclear Power in Pakistan. Retrieved August 05, 2014, from http://www.world-nuclear.org/info/Country-Profiles/Countries-O-S/Pakistan/.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2015 Springer India
About this chapter
Cite this chapter
Ram Mohan, M.P. (2015). A Nuclear Liability Framework for South Asia. In: Nuclear Energy and Liability in South Asia. Springer, New Delhi. https://doi.org/10.1007/978-81-322-2343-6_4
Download citation
DOI: https://doi.org/10.1007/978-81-322-2343-6_4
Published:
Publisher Name: Springer, New Delhi
Print ISBN: 978-81-322-2342-9
Online ISBN: 978-81-322-2343-6
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)