Sayfa 871§ 2. PRINCIPLES OF LIABILITY
I. Introduction.…
The elementary principles and as well the basic objects ol nuclear law in general…
(i) To protect the general public, including the environment, from the special and…
(ii) to provide such legal measures as not to hinder the development of the peaceful…
The present Convention tried to actieve these ends through manipulations of certain…
These basic features will be examined under the first four headings of this chaper,…
But, it will be apt to point to the fact that the construction spoken of is not regarded…
II. Liability of the Operator.…
1. According to the Convention only the operator is liable for the nuclear damages
Art. II/2 provides that «Except as otherwise provided in this Convention no person…
In order to find out who the operator might be, we have to consult the Art. I/4:…
2. Here the person who shall be liable for the nuclear damages which fall within…
But usually, according to established principles, any legal capacity which imposes…
In this case, making a contract of carriage is the decisive factor according to which…
Similarly, «Convention on Damage Caused by Foreign Aircraft to Third Parties on the…
Here, the above referred principle is once more obvious. In order to determine who…
I think these two examples, taken from similar fields suffice to show that, as already…
But, under the provisions of the present Convention, the operator is the person to…
We may conclude this discussion by saying that, the criteria according to which it…
3. Although such a construction may sound rather strange, compared with classical…
Designating only one person, and in the present case the operator, as the sole liable,…
channelling of liability» of the operator ;…
a. Making the idendification of the prospective defendant in any possibe litigation…
b. The same fact, by eliminating the loss time and some doubts which may arise in…
c. Multiplicity of insurance is therefore avoided. Because, if other persons, such…
d. As the operator is left alone to deal with the insurance companies, he would not…
4. What happens when a nuclear ship is under the possession of someone other than…
There can be two possibilities: either there exists no operator within the meaning…
a. There is no operator within the meaning of the Convention.…
According to the Convention (Art. I/4), to become an operator dependes upon the authorization…
the granting of a licence (Art. XVI). In both cases, it will be her operator and…
Convention deals with two possibilities: (i) what happens when the ship is operated…
Although the substitution of the owner in place of the operator as the subject of…
b. The ship may be under the possession of someone other than the operator.
aa. Lawful detention of the ship by a third party.…
According to a contract entered between the operator and another person, the ship…
Furthermore, in any usual charter party the charterer is normally liable for the…
bb. Unlawful detention of the ship by a third party.…
If a nuclear ship is stolen or taken away through any other illegal means from the…
Although such a prospect sounds rather illogical, it however may seem consequent…
But on the other hand some elementary principles were sacrificed.…
First of all, the link of causation which connects the result with the act of the…
But above all, one important point is missing in the Convention. The right of recourse…
Such a circumstance can be evaluated under two headings:…
(i) Detaining a ship, which belongs to an operator may be deemed as an act of tort…
(ii) When the operator is held liable and so pays for the damages arised while the…
III. Nature of Liability…
1. Liability of the operator for the nuclear damages is a strict libality. This term…
This principle —as is known— is the oucome of the hazardous activities the development…
2. In order to provoke the liability of the operator, any litigant who has suffered…
In this way the Convention, following the principle of the protection of the general…
Besides, it would be rather absurd to indulge in the problems of proof of negligence.…
3. The Convention even does not regard a force majeure or a natural disaster of.…
4. What is even more, the operator not only can not and even need not prove that…
a. In case of a damage, caused by the intentional act of the plaintiff; although…
EN
TR
