Some Considerations on the Compensation for the Nuclear Damages Based on International Conventions of Nuclear Civil Liability

The development of industry and technology is considered as effective factors to evolve law of civil liability. The nuclear technology has played a significant role in this way, so the nuclear accidents in recent century and the potential risk for using radioactive materials, has encouraged the governments and international societies to set up devices in order to prevent happening these events and enact procedural rules for bringing an action of compensating resulting from such damages which leads to organize international conventions of nuclear liability. On the one hand, the mentioned conventions have facilitated prosecution of the defendant for compensating nuclear damages by introducing some principles such as the strict liability principle and channeling of liability to operator principle, and on the other hand, they have predicted the 10-year and 30- year prescriptions for claims of compensation by making distinction between physical damages due to nuclear incidents and other kinds of damages. Equivalent to those regulations, the codifiers of international conventions of nuclear liability have played a significant role to accelerate legal procedures of such claims by determining the principle of exclusive jurisdiction of local court of nuclear event and by applying rule of competence unity and also presenting the law of competent court as a applicable law on claims.