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1

MECHANIZMY UPLATŇOVANIA PRÁVA NA NÁHRADU JADROVEJ ŠKODY Z POHĽADU PÔVODNEJ A NOVEJ SLOVENSKEJ ZODPOVEDNOSTNEJ JADROVEJ LEGISLATÍVY A CIVILNÉHO PROCESU

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Novotná M., Uhliarová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 3
238 – 255
EN
The aim of this paper is to analyse the procedural aspects of the exercise of the right to compensation for nuclear damage. The right to compensation for nuclear damage is derived from the fundamental questions dealing with nature of the case, jurisdiction and definition of active and passive legitimized participants as well as status of the provider of financial security for nuclear liability in civil proceedings. Detailed explanation of procedural aspects of nuclear damages is followed by an analysis of the substantive provisions of the Vienna Convention on Liability for Nuclear Damage - as an international source of nuclear liability legislation, provisions of the Atomic Act and the new Act on Civil Liability for Nuclear Damage and its Financial Coverage (effective from the 1st January, 2016) - as a national source of nuclear liability legislation, which are considered to be the essential prerequisites of decisions relating to the compensation for nuclear damage. The paper also points out the specifics the nuclear liability legislation is dealing with (statutory limitation of the amount of compensation for nuclear damage, absence of distribution mechanisms of available funds etc.) and the court in the decision-making process shall solve.
2

MIESTO MEDZINÁRODNÝCH ORGANIZÁCIÍ V KODIFIKÁCII MEDZINÁRODNÉHO PRÁVA

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Klučka J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2013
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vol. 96
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issue 4
373 – 385
EN
During the 70s and 80s of the last century a few new items of the codification´s agenda of International Law Commission (ILC) concerning the international intergovernmental organizations (IGO) have appeared. Heretofore results the ILC work confirm the analysis of this new item from three angles. The main goal of the first was to prepare the set of uniform rules for regulation certain common activities of IGOs regardless of their legal and factual specificities. Similarily as in the agenda concerning states a different level of codification and/or progressive development of international may be identified depending on the „ripeness“ of concrete topic for the purpose of codification.The final results of the ILC work represent four international treaties and one Draft of articles. As regards as international treaties it should be noted Vienna Convention on the Law of Treaties 1969, Vienna Convention on the Representation of States in their Relations with International Organizations of Universal charater of 1975, Vienna Convention on the Succession of States with respect of Treaties 1978, Vienna Convention on the Law of Treaties between States and International Organizations of between International Organizations of 1986 and finally Draft Articles on the Responsibility of International Organizations of 2011.Excepting Vienna Convention of 1975 the Commision has dealt with similar problems namely whether a to what extent the rules of IGOs should have the priority over the codified rules prepared by ILC. Concrete articles of treaties and/or draft articles solve this question regarding the specifities of each concrete topic. As regards as second aspect of ILC work it evaluated the impact of different „external“ factors on the IGOs selected acts and/or activities. The relevent results are presented by the Draft Articles on the Effect of Armed Conflict on Treaties 2011 and Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including Diplomatic Agents of 1973.
3

LEGAL FRAMEWORK FOR THE NUCLEAR LIABILITY (Pravna uprava zodpovednosti za skodu sposobenu jadrovou nehodou)

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Handrlica J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 3
190-215
EN
Nuclear related activities create risk of a specific character. The detrimental effects of a nuclear accident do not stop at State borders, they may extend to other regions far beyond the territory of the accident State. There may be damage to individuals, to property and to the environment in several states. Even in situations for which the highest standard of safety has been achieved, the occurence of nuclear or radiological accidents cannot be completely ecluded. Consequently, it was recognised that the public needed to be assured of sufficient protection against the potential magnitude and peculiarity of risks arising from nuclear energy production and utilisation. Secondly, it was also recognised that the public was not the only entity in need of protection: fear of financially debilitating liability claims that might be instituted by innocent victims following a nuclear accident was inhibing investment in the construction of new power plants by potential owners, builders, and suppliers of equipment, services and technology. All were concerned that such claims, if successfull, could place them in a bankrupcy. Parellely, nuclear power was viewed as a possible limitless source of indigenously produced energy that would enable their economies to grow and prosper rapidly. Accomplishing these objectives meant setting aside the application of the rules of conventional Civil Law (Tort Law) as laid down in the Civil Code. Those rules, while appropriate for conventional risks, were not deemed compatible with nuclear ones. As reaction, the following international liability conventions have been concluded: -The Paris Convention on Third Party Liability in the Field of Nuclear Energy 1960; Vienna - Convention on Civil Liability for Nuclear Damage 1963. The Vienna and Paris Conventions establish comprehensive and almost identical regimes for civil liability for nuclear damage. A number of basic principles were laid down in these conventions, replacing the rules of the ordinary Tort Law. Those basic principles include: -Strick Liability; - Exclusive Liability; - Exonerations from the liability; - Limitation of liability in amount; - Congruence of the liability and coverage. After the Chernobyl Nuclear Incident, the legislators became painfully aware of the need to expand the coverage of the liability conventions as much as possible. Consequently, following conventions have been concluded: - Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention 1988; - Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage, VC Protocol 1997; - Convention on Supplementary Compensation for Nuclear Damage, Supplementary Compensation Convention 1997; - The Protocol to Amend the Paris Convention 2004
4

APLIKÁCIA MEDZINÁRODNÉHO PRÁVA

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Klučka J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 3
264 – 279
EN
The application of international law fulfills important task whereas enables the practical exercise of regulatory functions of its concrete rules in the international practice. In this respect it should be firstly noted that implementation of international law into domestic legal order is generally required by states as a necessary precondition for its application. Taking into account the absence of international rule prescribing specific form and manner of implementation, the relevant practice of the states is decisive. Within the states preferring the monist conception the direct application of international treaties (self executing treaties) is possible. Relevant provisions of the Vienna Convention on the Law of Treaties (1969) should be respected (namely Articles 25, 28, 29, 31) within the process of direct application of international treaties and their breach raises the international responsibility of states. The same requirement has to be complied with respect of application of international treaties by international organizations. There is no room for direct application of international treaties within states preferring dualist conception whereas the content of each treaty has to be obligatory transformed into specific kind of domestic legal regulation. Regarding the application of customary international law, the practice of states in principle confirms that they are not formally implemented into domestic legal orders of states and public bodies usually apply customary international law directly. The diversity of the judgments of international judicial bodies and decisions of international organizations prevent any attempt of states to apply them in a uniform manner. Similarly, as in the case of international treaties, there are no rules prescribing their specific application and different practice of states enjoy the leading role in the application of the international obligations arising from the international judgments and decisions.
5

OPTIONS AND LIMITS OF FUTURE HARMONISATION OF THE NUCLEAR LIABILITY FRAMEWORK IN THE EUROPEAN COMMUNITIES/EUROPEAN UNION (Slovak title - below)

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Handrlica J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 2
159-188
EN
(Title in Slovak - 'Opcie a limity moznej harmonizacie rezimu zodpovednosti za jadrove skody v ramci Europskeho spoločenstva/ Europskej unie'). Currently, the legal framework for nuclear liability derives mainly from two major international treaties: The Paris Convention on Third Party Liability in the Field of Nuclear Energy and the Vienna Convention on Civil Liability for Nuclear Damage. Both the Paris Convention and the Vienna Convention are governed by identical basic principles. These principles are strict (objective) liability, congruence between liability and coverage, channelling of liability exclusively onto the operator, very restricted exonerations, non-discrimination of victims, and exclusive jurisdiction of the courts of one country. In article author analyzes the legal liability framework in the EU member countries and defines the situation with nuclear liability in the European Union as a 'patchwork'. Before 2004 enlargement, the EU member states, with exception of Austria, Ireland and Luxembourg, were parties to the Paris Convention and most of them also to the Brussels Conventions. During the 2004 and 2008 enlargements, mainly Vienna Convention signatories entered the Union. Since 2005, this EU nuclear liability 'patchwork situation' came into the focus of the European Union. To this date, EU Law does not cover nuclear liability, which remains in the sphere of national legislation and international treaties respectively. In December 2007, the European Commission commissioned a Spanish Law Firm to develop and distribute a questionnaire to explore the views of EU states and of EU industry on the current nuclear liability situation with the view to harmonizing that field of law within the EU and to evaluate their results gained by the questionnaire.
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