الضرر النووي : (المفهوم و شروط التحقق)‎ : دراسة مقارنة بين الاتفاقات الدولية و التشريعات الوطنية

الملخص EN

Nuclear Damage differs from the rest of traditional damages in terms of severity, spatial expansion, diffusion speed and invisibility, in the sense that its consequences can become tangible only after a certain period of time.

Therefore, an exceptional legal system of civil liability for nuclear damage was introduced, using objective liability as a basis for compensation.

The concept of nuclear damage has been developed and expanded through international nuclear conventions, including the Paris Convention of 1960 and its amended protocols as well as the Vienna Convention of 1963 and its amended protocol, in an attempt to ensure greater protection for the victims of nuclear accidents.

However, in order to compensate for nuclear damage, Nuclear Law stipulated the existence of a nuclear plant causing a nuclear incident and instigating damage through the diffusion of radioactive materials.

The discussion concluded that it is necessary for major nuclear powers like the U.S.A, Russia and Japan to join international nuclear agreements, and it is absolutely indispensible to include moral damage compensation under nuclear law.

This is added to the consolidation of the principle of equality among victims and the necessity of considering nuclear waste disposal plants as nuclear plants without limitations.