International civil liability regimes for nuclear, oil transport and industrial activities
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AbstractThis thesis is concerned with international liability for transboundary consequences arising out of acts not prohibited by international law. Specifically, it considers three civil liability regimes: nuclear liability, oil transport and industrial accidents with consequences for transboundary waters. It explores whether the development of civil liability regimes regulating particular hazardous activities is the appropriate solution to ensure the fulfillment of the duty to prevent harm and the duty to compensate. It also explores whether the three civil liability regimes have changed over the years to provide broader protection and more adequate compensation for the victims of an accident. The thesis concludes that the development of civil particular liability regimes serves two aims: to allow risky but socially important activities to continue and to provide compensation to those who suffer harm. Some elements of these aims are only partially fulfilled. The obligations of prevention and compensation are not equally emphasized and in particular, the three liability regimes are more concerned with compensation for damage after an accident than with preventing it. The liability regimes have changed over the years to bring levels of compensation in line with the damages suffered. However, aspects of damage remain uncompensated. Thus these three civil liability regimes do not totally implement the "polluter pays" principle.
Bibliography: p. 201-218