Since its establishment in September 2003, the International Expert Group on Nuclear Liability (INLEX) has played an important role in raising awareness and understanding of the nuclear liability instruments adopted under the IAEA’s auspices. Over the course of the past two decades, the group has advised on many issues related to nuclear liability and reached conclusions and made recommendations on possible gaps and ambiguities in the scope and coverage of the existing instruments. To mark this 20th anniversary, this publication includes papers on several nuclear liability topics and the work of INLEX, contributed by some of the group's current members. The aim of this publication is to increase awareness of the role of INLEX, as well as nuclear liability as an important aspect of nuclear law. The publication is intended for nuclear law professionals, academics and practitioners as well as policy makers.

• 1. THE INTERNATIONAL EXPERT GROUP ON NUCLEAR LIABILITY (INLEX) AND ITS ROLE IN FACILITATING THE ACHIEVEMENT OF A GLOBAL NUCLEAR LIABILITY REGIME
  • 1.1. Introduction
  • 1.2. Nuclear liability — why and how, instruments and principles
  • 1.3. Origins and establishment of INLEX
  • 1.4. Achievements and outputs of INLEX
  • 1.5. 2012 INLEX recommendations and the global nuclear liability regime
  • 1.6. Conclusion
• 2. THE INTERNATIONAL EXPERT GROUP ON NUCLEAR LIABILITY (INLEX): TWENTY YEARS OF ADVICE AND ASSISTANCE TO ENHANCE ADHERENCE TO THE GLOBAL NUCLEAR LIABILITY REGIME
  • 2.1. Introduction
  • 2.2. The objectives and functions of INLEX
  • 2.3. The initial programme of work and the first ten years
    • 2.3.1. The explanatory texts
    • 2.3.2. Analysis of ambiguities and gaps
    • 2.3.3. Outreach activities
    • 2.3.4. Decision making authorities of the Board of Governors on nuclear liability
  • 2.4. The Fukushima accident and the implications of the 2011 IAEA action plan on nuclear safety
  • 2.5. The second decade: Renewed efforts to enhance the global liability regime
    • 2.5.1. Radioactive sources
    • 2.5.2. Transportable nuclear power plants
    • 2.5.3. Radioactive waste disposal facilities
  • 2.6. Upcoming issues
  • 2.7. Conclusions
• 3. INTERNATIONAL EXPERT GROUP ON NUCLEAR LIABILITY (INLEX) AND THE GLOBAL REGIME
  • 3.1. Origins of the global regime
  • 3.2. Role of the CSC in achieving the global regime
    • 3.2.1. Compensation
    • 3.2.2. Legal certainty
    • 3.2.3. Treaty mechanism
  • 3.3. Role of INLEX in achieving the global regime
• 4. COASTAL STATE PERSPECTIVES ON THE GLOBAL NUCLEAR LIABILITY REGIME
  • 4.1. Introduction
  • 4.2. History
  • 4.3. Key concerns of coastal states
    • 4.3.1. The adequacy of the compensation available
    • 4.3.2. Important issue of what damage or harm is covered
  • 4.4. Rumour damage
  • 4.5. Environmental damage
  • 4.6. Complexity of the regime
  • 4.7. Attractiveness of accessing the benefits without adhering to the updated instruments
  • 4.8. Facilitating access of claimants before the courts of an installation state
  • 4.9. Conclusion
• 5. INTERNATIONAL EXPERT GROUP ON NUCLEAR LIABILITY (INLEX): THE FIRST TWO DECADES OF THE ORIGINS OF INLEX
• 6. COMPENSATION FOR DAMAGE CAUSED BY THE FUKUSHIMA DAIICHI NUCLEAR POWER PLANT ACCIDENT IN 2011: THE LEGAL FRAMEWORK, THE PRACTICE AND THE INTERNATIONAL ASPECTS
  • 6.1. Fukushima Daiichi NPP accident and subsequent compensation
  • 6.2. Japan’s nuclear damage compensation system
  • 6.3. Implementation of the nuclear damage compensation act and the compensation practice
    • 6.3.1. Possibility of exoneration
    • 6.3.2. Financial assistance for the excess amount to the financial security
    • 6.3.3. Promotion of out of court settlement by the DRC
    • 6.3.4. Effort to disburse prompt compensation
    • 6.3.5. Extension of the term of prescription
    • 6.3.6. Special acts for decontamination activities
    • 6.3.7. Practice of out of court settlement agreements
  • 6.4. Lawsuits for compensation
    • 6.4.1. General situation
    • 6.4.2. Challenge against channelling
    • 6.4.3. Collective lawsuits and their impacts
  • 6.5. International aspects
    • 6.5.1. Treatment of foreign victims
    • 6.5.2. Lawsuits in foreign courts
    • 6.5.3. Accession to the CSC
  • 6.6. Some observations
    • 6.6.1. Legislation
    • 6.6.2. Compensation practice
• 7. THE NUCLEAR LIABILITY REGIME AND OTHER REGIMES ON CIVIL LIABILITY FOR ULTRA-HAZARDOUS ACTIVITIES: COMPARISON AND GAPS
  • 7.1. Preface
  • 7.2. Inventory of civil liability regimes analysed
  • 7.3. Supplemental international instruments
  • 7.4. Comparison of civil liability regimes for dangerous activities
  • 7.5. General
  • 7.6. Geographical scope of application
  • 7.7. Channelling of liability
  • 7.8. Liability limitation in amount and time — mandatory insurance
  • 7.9. Channelling of jurisdiction
  • 7.10. (Environmental) damage covered
  • 7.11. Uniformity in civil liability regimes
• 8. THE OECD NUCLEAR ENERGY AGENCY AND INLEX: A HISTORY OF COOPERATION IN THE FIELD OF NUCLEAR LIABILITY
  • 8.1. Background
    • 8.1.1. Drafting of the Joint Protocol
    • 8.1.2. From the NEA Group of Experts to the Nuclear Law Committee
  • 8.2. Framework to present day cooperation
  • 8.3. General cooperation on nuclear liability matters
    • 8.3.1. Exchange of information and reciprocal representation
    • 8.3.2. Work towards a global nuclear liability regime
  • 8.4. Specific cooperation on nuclear liability matters: Harmonization of the Paris/Brussels regime and the IAEA nuclear liability conventions
    • 8.4.1. Exclusion of small quantities of nuclear substances/material from the scope of application of the nuclear liability regime
    • 8.4.2. Definition of ‘nuclear installation’ in the Paris Convention and the IAEA Nuclear Liability Conventions
  • 8.5. Conclusion
• 9. INSURANCE PERSPECTIVE
  • 9.1. Introduction — how insurance started
  • 9.2. The formation of nuclear insurance pools
  • 9.3. The formation of nuclear mutuals, captives and alternative insurance capacity
  • 9.4. How nuclear pools operate
  • 9.5. The nuclear covers and the nuclear exclusion
  • 9.6. Civil nuclear events in the past 65 years
  • 9.7. The social licence
  • 9.8. What does the future hold for nuclear insurance?
• REFERENCES
• Annex I2012 INLEX RECOMMENDATIONS AND OTHER DOCUMENTS
• Annex II2022 BENEFITS PAPER/CHAIR’S STATEMENT
• Annex IIILIST OF INLEX PUBLICATIONS AND WORKSHOPS
• Annex IVLIST OF INLEX MEETINGS
• Annex VLIST OF CURRENT AND PAST MEMBERS
• ABBREVIATIONS