A Nuclear Liability Framework for South Asia: Formation of South Asia Association for Regional Cooperation (SAARC) Nuclear Risk Community

International Journal of Nuclear Law, Vol 4, No 1, pp.46 - 62 (2013)

Posted: 22 Mar 2014

See all articles by M. P. Ram Mohan

M. P. Ram Mohan

Indian Institute of Management Ahmedabad

Raju KD

PHD Chamber of Commerce and Industry

Shiju Mazhuvanchery

Sai University

Date Written: January 25, 2013

Abstract

South Asia is one of the densely populated regions of the world. A disaster in the nature of nuclear accident in one country will have a significant impact on the life and livelihood of large population across the region. Currently, major economies in South Asia are expanding their nuclear energy programmes, and this poses a transboundary risk. The risk is aggravated by the fact that countries in South Asia are not a part of any common international nuclear liability framework, nor do they have reciprocal domestic law. This subjects the region to an uncertain liability and compensation regime. This paper explores the legal response mechanisms available in respect to state liability and compensation. The paper argues that the South Asian Association for Regional Cooperation (SAARC), a regional community of South Asian countries, is the appropriate institutional mechanism available to form a regional nuclear risk community.

Keywords: nuclear liability; South Asia; SAARC; regional cooperation; domestic liability law; transboundary impacts; nuclear risk; nuclear energy; nuclear power; nuclear accidents; compensation; legal response

Suggested Citation

M. P., Ram Mohan and KD, Raju and Mazhuvanchery, Shiju, A Nuclear Liability Framework for South Asia: Formation of South Asia Association for Regional Cooperation (SAARC) Nuclear Risk Community (January 25, 2013). International Journal of Nuclear Law, Vol 4, No 1, pp.46 - 62 (2013), Available at SSRN: https://ssrn.com/abstract=2411882

Ram Mohan M. P. (Contact Author)

Indian Institute of Management Ahmedabad ( email )

Vastrapur
Ahmedabad, Gujarat 380015
India

Raju KD

PHD Chamber of Commerce and Industry

PHD House, 4/2 Siri Institutional Area
August Kranti Marg
New Delhi 110016
India

Shiju Mazhuvanchery

Sai University ( email )

Chennai
India

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