§ 3. PAYMENT OF CLAIMS AND RELATING PROBLEMS
In this paragraph, only material topics relating to the payment of damages will be…
I. Payment by the Operator…
1. The first and principally the sole person liable is the operator. Therefore, the…
At the end of the trial, if the court, decides that the operator has to pay for the…
2. Under certain special conditions laid down specifically by the Convention, the…
a. If the nuclear incident which gave rise to the nuclear damage resulted form a…
b. «If the nuclear incident occurred as a consequence of any wreck-raising operation,…
c. «If recourse is expressly provided for by the contract» (Art. TI/6-c).…
Although short and clear cut, this sub-paragraph requires due attention.…
Operators of nuclear ships may enter into innumerable con tracts with various persons,…
If the operators are permitted to insert lawfully into all these contracts, clauses…
all the other parties to such contracts will try to secure their positions by seeking…
The present writer is then of the opinion, that to restrict the meaning to be ascribed…
In the Convention, there is one article which provides a hint that may be helpful…
d. aa. As it is provided for by Art. XI/1, in certain cases, a limitation fund would…
If the operator, before the establishment of this limitation fund, had to pay compensation…
bb. If the operator, after the establishment of this fund had to pay compensation,…
cc. According to the wording of Art. XI/5-b, this right of recovery is based on subrogation.…
e. When this limitation fund is not established and the operator had compensated…
II. Payment by Insurers…
1. According to Art. XVIII, the plaintiffs can sue the insurers or other financial…
2. The liability of these guarantors or underwriters are limited to 1500 million…
could be held unlimitedly liable, the underwriters' liability shall not exceed this…
3. This financial security is in the nature of «civil liability insurance»…
In Art. XI/5-a, it is stated that, normally, any person who has paid for the damages…
4. Today, in almost every country, there are vast social security systems. They may…
After these institutions satisfy the claims directed against them, will try to seek…
This mechanism is regulated in Art. VI of the Convention and it is largely left to…
a. Whether any beneficiary, according to any social security system can obtain a…
b. Whether the institution which have paid compensation to any sufferer can have…
5. When ultimately any such institution sues the operator, his liability and the…
However, if necessary conditions should exist, then he can be liable unlimitedly…
III. Payment by State…
1. The present Convention, in Art. III/2 puts the licensing state in a position of…
The plaintiff has to sue the operator or the underwriter first. If he can not recover…
2. The liability of the state as a guarantor can never exceed the maximum amount…
3. In cases when Art. XI/1 is applied, then the state may either cover the deficit…
Furthermore, if no such fund is established, then the state should either force the…
Analogous to the position of the operator as provided for in Art. XI/7, after the…
4. The right of subrogation of the state is regulated in the same manner as that…
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