Sistem Pertanggungjawaban Sipil Dalam Kecelakaan Reaktor Nuklir Menuriit Hukum Lingkungan Internasional

Indriawati, Tiara (2012) Sistem Pertanggungjawaban Sipil Dalam Kecelakaan Reaktor Nuklir Menuriit Hukum Lingkungan Internasional. S1 thesis, Universitas Andalas.

Text (Skripsi Full Text) HUKUM HUKUM INTERNASIONAL 2012 TIARA INDRIAWATI 07940113.pdf - Published Version Restricted to Repository staff only Download (4MB)

Abstract

Nuclear- reactor accident that occurred at Three Mile Island, Bhopal, Chernobyl and Fukusima cattses a large loss that needs a responsibility from the relatedI nstitution. For the case of a nuclear accident that cause this loss has been set by International environmental law which has written in ILC will be settled in the form of reparation that fixe full compensation for the injury caused by the Internationally wrongful acts. Issues that will be examined are, how the civil liability system in a nuclear reactor accident is analyzed according to the International environmental law? And how is the state's practice to applying the civil liability system? To analyze the problems the provisions ofthe convention is used as follows: The Vienna Convention on Civil Liability for Nuclear Damage, The 1997 Convention on Supplementary Compensation for Nuclear Damage, Convention on Third Party Liability in the Field of Nuclear Energy The 1963 Brussles Convention Supplementary to the Paris Convention, , the Convention on Assistance in the Case of a Nuclear or Radiological Emergency, Convention on Early Notification of a Nuclear Accident, the Convention on Nuclear Safety, Draft Article on State Responsibility for Wrongful Acts internationally made by the International Law Commission (ILC) 2001. This type ofresearch is a normative issue. By analyzing the cases and linking them with the provisions of the Convention. From the research, some of the nuclear reactor accidents that occurred at Three Mile Island, Bhopal, Chernobyl, and this Fukusima are categorized as dangerous activities (abnormally dangerous activities) then accountable embrace civil liability (civil liability). The principle of civil liability arises from the awareness of the public that for every act that is done whether by individual or in a group, that person or group will not be able to escape liability for any loss caused by the act. And then there is no ban in any country to use nuclear energy for peaceful purposes as long as it has passed the testing of nuclear safety.

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