§ 4. IMMUNITIES OF THE OPERATOR
I. Damages Occured Through Different Source…
As it is explained before , the operator is…
II. Intentional Act of the Plaintiff…
1. If the plaintiff himself, either by way of action or omission, but intentionally…
2. This is a discreationary power given to the competent court. The court is not…
The operator, who seeks for the advantage provided for by the said article, has to…
3. Although in Art. II/5 the Convention uses the term individual, it should not necessarily…
4. The exoneration can be either wholly or partially according to the whole or partial…
5. This immunity of the operator from liability is rather relative. The operator…
III. Incidents Occured Beyond the Area of Domination…
1. The basic source of a damage, which entails the liability of the operator has…
But, these materials ought to be under the effective possesion of the operator, so…
Therefore, an operator can not be held liable for the consequences of any nuclear…
2. Liability begins to attach only after the nuclear fuel —in the meaning of Art.…
If, because of any consideration, an operator chooses to receive a nuclear fuel from…
3. An operator has to deliver the nuclear fuel, or radioactive products or waste…
An operator can not throw away recklessly such materials nor deliver them to unauthorized…
IV. Damages Suffered by the Ship…
Operator shall not be liable in respect of the nuclear damages suffered by the ship…
Such an immunity from the said damages is not an absolute one. Because, it is merely…
V. War, Hostilities, Civil War or Insurrection…
1. Art. VIII provides the operator with an absolute reason of immunity. «No liability…
2. The owner, who is held liable according to the provisions of Art. XV/2 or Art.…
Furthermore, as no liability attaches to an operator, the auxiliary liability of…
3. As to what ought to be understood by such words, like war, hostilities, civil…
The meaning to be ascribed to these words has to be determined according to the «applicable…
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