Looking At Supplementary Compensation For Nuclear Damage

Law360, New York (December 4, 2014, 12:44 PM EST) -- Now that Japan's Diet, as of Nov. 21, 2014, has approved Japan's ratification of the Convention on Supplementary Compensation for Nuclear Damage ("CSC") and implementing domestic legislation, Japan presumably will soon deposit its instrument of ratification with the International Atomic Energy Agency. Ninety days following such action by Japan, the CSC will enter into force, since its requirement for entry into force (a minimum of five ratifying parties collectively having at least 400,000 MW(t) of installed nuclear generating capacity) will have been satisfied. While the additional compensation aspect of the CSC's impending entry into force has attracted global attention, less consideration has been given to the CSC's impact on the nuclear liability of sellers and purchasers of components, nuclear fuel and related technology and services for the construction and operation of nuclear power stations. This article provides our views concerning the most significant near-term implications of the CSC's entry into force....

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