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CRIMINAL LIABILITY FOR ECOLOGICAL DAMAGE RESULTING FROM NUCLEAR TRANSPORT

Florin Octavian BARBU

 Abstract

According to art. VII point 1 of the Vienna Convention, the State in whose territory

the facility is located ensures the payment of nuclear damage allowances, recognized as

being the responsibility of the operator, providing the necessary amounts insofar as the

insurance or the financial guarantee would not be sufficient.

The special character of the civil liability for nuclear damage also concerns the

exonerating cases of liability. These have a restrictive character and include the

assumptions in which the nuclear damage caused by a nuclear accident resulted directly

from acts of armed conflict, hostilities, civil war or insurrection.

According to the polluter pays principle, in the area of nuclear damage liability the

operator pays, any conditioning on the subjective attitude of this person towards the

accident and the damage produced is removed. The evidence of the fault of the responsible

person is eliminated, which is impossible to manage, on the one hand, and there is the risk of

not covering the damages produced in very serious circumstances, often impossible to

evaluate, on the other.

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Volume XII, Issue 2, July - December 2022

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Summary

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The Debate in 21st Century Romania. Case Study – Bihor County

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Constantin Ţoca

 

The influence of human rights on law

Access to the Archival Heritage as a Reflection of the Human Right to Culture. UNESCO’s Perspective

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Cultural rights: new era, old principles, same challenges?

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The role of conflict management in combating the social effects of the pandemic. Identification, neutralization, solution

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European Union Law

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EU’s Long Arm of Sanctions – The Anti-Coercion Instrument

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The principle of solidarity - an instrument for managing migration and asylum at European Union Level

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UE Law and Comparative Law

The Costs of Digitalization. Social Media adaptation challenges within Public Administration Development

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Anca Elena Bălăşoiu

Summary Issues of Cybercrime

Mioara-Ketty Guiu

Personal Data Processing within a Smart Cemetery

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Environmental law

Some Legal Aspects of Shale Gas

Ovidiu-Horia Maican

International Governance of Climate Change. From the Framework Convention (1992) to COP-27 (2022)

Mircea M Duţu-Buzura