- I appreciate the opportunity to appear before this Conference today, as I missed the opportunity to be present at the opening of the Conference. I fully endorse what the Acting Director General, Mr. Waller, said at the opening. May I first congratulate your President and other members of the Bureau on their election and express my sincere hope and confidence that with your co-operation they will steer your work during this week to a fruitful conclusion. I would also like to express my warm thanks to my old friend, Ambassador Lidgard, whose patience and skill as Chairman of the Standing Committee has helped to prepare the drafts which are before you.
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- Liability is a vital aspect of nuclear safety. The work of the Agency in this area is followed by many with close interest. There is an expectation worldwide for the successful outcome of this Conference. For this to happen, the constructive approach that prevailed during the negotiations in the Standing Committee must also be followed now to ensure consensus.
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- The draft instruments before you represent a significant improvement in the compensation for nuclear damage. They incorporate the progressive developments in the legal, technical and economic aspects of nuclear liability that have taken place since the adoption of the Vienna and Paris Conventions.
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- I note the significant increase of the liability limit under the revised Vienna Convention of 300 million SDR's and the responsibility of the Installation State to ensure this amount. The expanded definition of nuclear damage is in line with the modern approach taken in other liability conventions that have been concluded recently. The system of supplementary funding by States provides for substantial additional compensation. It demonstrates solidarity in dealing with critical socio-economic situations that may arise from a major nuclear incident that are difficult to solve alone, even by economically advanced States. It is also vital that the comprehensive system of compensation that is now being created will be open to any State.
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- Difficult issues in the two drafts have been approached pragmatically. The higher standards of compensation introduced have been coupled with recognition of the economic realities of the present world. The phasing-in mechanism contained in both drafts allows States in difficult economic situations to join with interim, lower compensation amounts.
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- I know that your work is well under way and that attention is focussed on a number of proposals, some of which concern key issues which were much discussed during the preparatory work. It is natural that the pros and cons of these issues be brought before and recorded at the Conference.
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- I am also aware that not all concerns have been fully allayed in the texts before you. This is almost inevitable in multilateral negotiations on a highly complex and sensitive subject matter like nuclear liability. However, we should not lose sight of the fact that the drafts are the product of many years of complex and intensive negotiations. They represent a compromise package that was attained through co-operation and mutual concession. The careful balance of the various legal and political interests represents a significant achievement which, I hope, will not be put at risk. The broad support for the existing package gives hope that the new instruments will gain wide adherence.
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- Adoption of the two new instruments will significantly improve the protection of the public from the consequences of nuclear accidents and will contribute to the improvement of safety culture. The instruments will be a substantial contribution to the progressive development of international law.
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- One week is not a long time for the plenipotentiary consideration of the drafts. But years of patient work have gone into them. Perhaps they do not present perfect solutions to all issues, but it seems clear that they represent great and sorely needed progress. I do hope that, with the guidance of your President, Mr. Misak, you will successfully accomplish your important task.
Statement by the Director General to the Diplomatic Conference on Nuclear Liability
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10 Sep 1997
Vienna, Austria
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Last update: 26 Nov 2019