Denver Journal of International Law and Policy articles from December 2006

Denver Journal of International Law and Policy archives from December 2006

Liability and compensation for harm caused by nuclear activities.(Updating International Nuclear Law)
December 22, 2006... I. INTRODUCTION The body of customary international environmental law has its foundation in cases such as the Trail Smelter Arbitration, (2) which utilized the no-harm rule and the polluter-pays principle, and it is now drawing upon more...

International environmental norms applicable to nuclear activities, with particular focus on decisions of international tribunals and international settlements.(Updating International Nuclear Law)
December 22, 2006... I. INTRODUCTION Treaties, customary international law, and general principles of law constitute the primary sources of international environmental law as of international law in general, while judicial decisions and scholarly writings...

State responsibility and liability for nuclear damage.(Updating International Nuclear Law)
December 22, 2006... I. INTRODUCTION States are responsible for violations of the rules of international law that can be attributed to them. (3) As a matter of customary law, reaffirmed by the UN International Law Commission, breach of an international...

The problems and gaps in the nuclear liability conventions and an analysis of how an actual claim would be brought under the current existing treaty regime in the event of a nuclear accident.(Updating International Nuclear Law)
December 22, 2006... I. EXECUTIVE SUMMARY This paper addresses the problems and gaps in the existing nuclear liability conventions and conducts an analysis of how an actual claim would be brought under the current existing treaty regime in the event of a...

Human rights and the environment: what specific environmental rights have been recognized?(Updating International Nuclear Law)
December 22, 2006... As early as the 1972 Stockholm Conference on the Human Environment, efforts were made to explore and attempt to understand the interrelationship between human fights and environmental protection. Preparations for the Stockholm Conference...

The human right to environment and the peaceful use of nuclear energy.(Updating International Nuclear Law)
December 22, 2006... I. INTRODUCTION: THE 1959 INTER-AMERICAN SYMPOSIUM ON ATOMIC ENERGY AND LAW AND THE PUERTO RICO NUCLEAR REACTOR EXPERIENCE Forty-six years ago, the University of Puerto Rico School of Law hosted the Interamerican Symposium on Atomic Energy...

The new Austrian act on third party liability for nuclear damage.(Updating International Nuclear Law)
December 22, 2006... I. INTRODUCTION On 7 October 1998, the Austrian Parliament adopted the Federal Law on Civil Liability for Damages caused by Radioactivity (1) which completely re-examines the principles governing liability for damages caused by ionising...

The Marshall Islands nuclear claims tribunal: the claims of the Enewetak people.(Updating International Nuclear Law)
December 22, 2006... I. BACKGROUND OF UNITED STATES NUCLEAR TESTING IN THE MARSHALL ISLANDS The United States conducted sixty-seven nuclear tests in the Marshall Islands in a twelve year period between 1946 and 1958. Forty-three of those tests occurred on...