"Nuclear Activities" and "Radioactive Wastes" in Mexico, Canada & USA

["Franta, Jaroslav" <frantaj@AECL.CA>]

FYI, 

laws governing "Nuclear Power", "Nuclear Activities" and "Radioactive
Wastes" in Mexico are outlined at URLs

http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/mx21.cfm.?varlan=english#6
http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/mx12.cfm.?varlan=english#3

....similarly for Canada,

http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/ca21.cfm.?varlan=english#6
http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/ca12.cfm.?varlan=english#3

....and for the US,

http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/us21.cfm?varlan=english#6
http://dev3.hbe.ca/pubs_info_resources/law_treat_agree/summary_enviro_law/pu
blication/us12.cfm.?varlan=english#3
<><><><><><><><>
Comment:
its interesting to compare the laws governing liability.
in Mexico (quoting from above web site), 

21.6.3 Nuclear Accident Liability Limitations 
Liability for damages resulting from nuclear accidents is established by the
Nuclear Liability Law. The nature of liability for damages from nuclear
accidents is different from that of general civil liability because of the
participation of the State. Under Articles 5 and 6 of the Nuclear Liability
Law, the "operator" of the nuclear facility is the party responsible for
damages resulting from a nuclear accident in the facility and from
non-authorized and official shipments of nuclear substances up to the point
where such liability is contractually transferred. The operator of a nuclear
institution is the person designated by the state in which the institution
is located. Liability may be transferred to an authorized holder or
transporter of such materials. 
Liability, however, is limited. An authorized operator, holder or
transporter may not be liable for more than one hundred thousand pesos
(approximately US$ 10,000.00). Also, operators are not liable for damages
from nuclear accidents directly caused by actions of war, invasion,
insurrection or natural catastrophes. The operator may be partially or
totally excused from liability if he can show that the nuclear accident was
produced or contributed to by the inexcusable negligence, action or inaction
of the person who suffered damages. The rules for indemnifying operators for
damages caused by employees are established in the Federal Labor Law (Ley
Federal del Trabajo). Generally, an injured party has ten years from the
nuclear accident in which to make a claim for damages caused. This term may
be extended for five years when the accident did not produce death and it
was not discovered immediately. 

...while in Canada, we have this rather curt statement,

21.6.3 Nuclear Accident Liability Limitations 
The Nuclear Liability Act [[at URL
http://canada.justice.gc.ca/FTP/EN/Laws/Chap/N/N-28.txt ]] limits the
liability of any nuclear operator to a maximum of CDN $75 million. The
constitutionality of the Nuclear Liability Act withstood a recent court
challenge. 

....and in the USA,

21.6.3 Nuclear Accident Liability Limitations 
The Price-Anderson Act amended the Atomic Energy Act to limit liability for
nuclear "incidents." 42 U.S.C. sec. 2210. [[ at URL
http://www4.law.cornell.edu/uscode/42/2210.html ]] Originally, the liability
limitation was set at US$560 million, but since 1988, the limitation has
increased and is linked to a retroactive premium paid by operating nuclear
facilities. The issue of when to impose liability for activities relating to
the shipping, transport, use, and disposal of nuclear materials is still
within the authority of state common law. See Silkwood v. Kerr-McGee Corp.,
485 F. Supp. 566 (W.D. Okla. 1979) aff'd in part, rev'd in part, 667 F.2d
908 (10th Cir. 1982). See Section 4.2: General Environmental Rights and
Responsibilities. 


Jaro
frantaj@aecl.ca
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