The concepts of state responsibility and liability in nuclear law

Kecskés, Gábor (2008) The concepts of state responsibility and liability in nuclear law. Acta Juridica Hungarica, 49 (2). pp. 221-252. ISSN 1216-2574

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Abstract

The legal concept and the doctrinal theory of state responsibility and liability have been in the focus of public international law for a long while. By means of domestic legislation, national law-regardless of the relevance of the international legal framework-governs the system of civil liability within the area of civil law of each state. Whereas, as opposed to the framework of civil liability governed by diverse domestic rules, exclusively a standard regulation framed at an inter-state level can secure a uniform system of state liability. The issue of state responsibility for nuclear damages raises specific questions to be examined in the framework of general international regulations (e.g., Conventions adopted within the area of nuclear law) related to responsibility and liability. Thus, answering or the clarification of these specific pivotal questions within the scope of public international law shall be our starting point, which may also entail the modification of the matter of state responsibility and liability (not only in the concerned branch of law).

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