Encyclopedia

Nuclear Damage


"Nuclear damage" means -

i) death or bodily injury;

ii) loss of or damage to property; and the following in respect of each of these subpoints within the limits established by law of the competent court:

iii) economic losses arising from the loss or damage referred to in subpoint "i" or "ii", to the extent that they are not covered by those subpoints, if borne by a person entitled to bring an action with respect to such loss or damage;

iv) costs of measures for environmental restoration, where the state of the environment has deteriorated, excluding minor deterioration, if such measures have actually been taken or should be taken and to the extent that this is not covered by subpoint "ii";

v) loss of income derived from economic interest in any application or use of the environment, as a result of significant deterioration of the state of that environment and to the extent that this is not covered by subpoint "ii";

vi) costs of preventive measures and the cost of further losses or damage caused by such measures;

vii) any other economic loss apart from any loss caused by deterioration of the environment, if permitted by the general law on civil liability of the competent court,

in the case of subpoints "i" to "v" and "vii" above to the extent that losses or damage arise from or result from ionizing radiation emitted by any source within a nuclear installation or emitted by nuclear fuel or radioactive products, or waste at a nuclear installation or nuclear material coming from, produced in, or sent to a nuclear installation, regardless of whether they arise from the radioactive properties of such substance or from the combination of radioactive properties with toxic, explosive or other hazardous properties of such substance

Source: "VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE 1997"

k) "Nuclear damage" means -

i) death, any bodily injury or any loss of property, or any damage to property, which occur or result from the radioactive properties or from the combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel, or radioactive products or waste at a nuclear facility, or nuclear material coming from, produced in, or directed to a nuclear facility;

ii) any other loss or damage occurring thereby or resulting therefrom, if provided for by the law of the competent court, and within the limits established by such law; and iii) if provided for by the legislation of the state responsible for the facility, death, any bodily injury or any loss of property, or any damage to property, which occur or result from other ionizing radiation emitted by any other source of radiation inside a nuclear facility.

Морфология

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Понятие «ядерный ущерб» мужского рода.

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