Price-Anderson Act: a model towards harmonization of European Union civil liability for nuclear damage?

Abstract

Purpose – analyze the Price-Anderson model compensation system in the light of European Union civil liability for nuclear damage framework harmonization; Design/methodology/approach – paper is based on document analysis, systemic, comparative analysis method by comparing different legal acts and its implications; Findings – USA legislative base provides an effective compensation system with economic channeling model in case of nuclear accident, however there is still a lack of harmonized regime throughout European Union. Existing international regime provides rather the labyrinth approach whereas international conventions at different speeds regulate liability, insurance and compensation system for nuclear damage. Commission expressed the need to provide adequate compensation model however several issues has to be dealt or even amendments to the primary law has to be made; Research limitations/implications – analyze USA civil liability for nuclear damage regime in the light of cohesion and harmonization of European Union framework; Practical implications – this comparative analysis provides a background on further discussions concerning the nuclear operator’s liability and insurance limits issues and cohesion between two regimes by providing a harmonized model throughout European Union; Originality/Value – only a few authors have analyzed some aspects of nuclear liability there is still a lack of academic comprehension of nuclear liability regimes and insurance issues in the light of harmonization at European Union level. This work provides insights into nuclear liability and compensation issues and will certainly be valuable in practice when improving legislative framework and developing nuclear projects.