Legal Challenges in Compensation for Damages Arising from Nuclear Activities in International Law

Abstract

The issue of international responsibility arising from nuclear activities is one of the fundamental challenges in international law due to the wide-ranging impacts of nuclear incidents on humans and the environment. Despite advancements in the development of international treaties such as the Vienna and Paris Conventions, these frameworks still suffer from significant limitations and shortcomings, underscoring the need for substantial reforms. This article first examines ambiguities in legal definitions, including the lack of precise definitions for nuclear damage and hazardous activities, and then analyzes the deficiencies in international treaty systems, such as weak enforcement mechanisms and geographical and legal discrepancies between treaties. Furthermore, the conflict between customary rules and international treaties and the imbalance in the distribution of responsibilities between states and nuclear operators are assessed as barriers to the fair implementation of nuclear liability. Solutions such as designing a comprehensive liability system combining civil and criminal responsibility, establishing international compensation funds, strengthening oversight of nuclear activities through transparent and independent mechanisms, and imposing legal sanctions on violators are proposed. The necessity of enhancing international cooperation through strengthening the role of the International Atomic Energy Agency (IAEA) and creating comprehensive conventions with robust enforcement mechanisms is also emphasized. The article concludes that reforming international treaties and designing an efficient and comprehensive legal framework not only improves the management of nuclear crises but also enhances global trust in the peaceful use of nuclear energy.