Sayfa 867Dr. jur. BÜLENT SÖZER…
§ 1. SCOPE AND APPLICATION OF THE CONVENTION
I. The Ships to Which the Convention Applies…
1. The regulations of the present Convention applies only to nuclear ships. From…
Therefore, from the point of view of this Convention we can describe a nuclear ship…
2. This Convention can only apply to ships which fit into this description. But when…
3. From the general definition of Art: I/1 and taking into regard the rules in Art.…
4. Art. I/9 requires some explanation. Indeed, that formulation «... whether for…
I think this proposition is right and suits the aim of the Convention. As will be…
II. The Incidents to which the Convention Applies.…
1. Incidents which give rise to the liability of the operator are the nuclear incidents…
2. The operator shall be liable if the nuclear damage is the result of a nuclear…
3. These three sources which bring forth the nuclear incident that may put the operator…
The same conclusion can also be derived from Art. XIII, which restricts the application…
4. As a principle, any damage, nuclear or non-nuclear, caused by a non-nuclear…
of the present Convention. However, this principle is subject to certain modifications…
a. If a nuclear incident causes both nuclear and non-nuclear damages and if these…
The same rule applies, when both sorts of damages are occaisoned by the addition…
b. But, if a nuclear damage is caused through the occurance both of a nuclear incident…
Here, the presence of not any ordinary caure but of a caure in the nature of a nuclear…
III. The Area where the Convention Applies…
Convention applies practically «... in any part of the world...» (Art. XIII). The…
IV. Time when the Convention Applies.…
The Convention is applicable to a nuclear ship from the date of her launching (Art.…
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