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Law-ref.org | Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency |
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... HAVE AGREED as follows: ...
ARTICLE-1: General provisions [go to this ARTICLE]
... To facilitate such cooperation States Parties may agree on bilateral or multilateral arrangements or, where appropriate, a combination of these, for preventing or minimizing injury and damage which may result in the event of a nuclear accident or radiological emergency.
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ARTICLE-3: Direction and control of assistance [go to this ARTICLE]
... Unless otherwise agreed: ...
ARTICLE-6: Confidentiality and public statements [go to this ARTICLE]
... The requesting State and the assisting party shall protect the confidentiality of any confidential information that becomes available to either of them in connection with the assistance in the event of a nuclear accident or radiological emergency. Such information shall be used exclusively for the purpose of the assistance agreed upon.
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ARTICLE-7: Reimbursement of costs [go to this ARTICLE]
... When assistance is provided wholly or partly on a reimbursement basis, the requesting State shall reimburse the assisting party for the costs incurred for the services rendered by persons or organizations acting on its behalf, and for all expenses in connection with the assistance to the extent that such expenses are not directly defrayed by the requesting State. Unless otherwise agreed, reimbursement shall be provided promptly after the assisting party has presented its request for reimbursement to the requesting State, and in respect of costs other than local costs, shall be freely transferrable.
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... Notwithstanding paragraph 2, the assisting party may at any time waive, or agree to the postponement of, the reimbursement in whole or in part. In considering such waiver or postponement, assisting parties shall give due consideration to the needs of developing countries. ...
ARTICLE-10: Claims and compensation [go to this ARTICLE]
... Unless otherwise agreed, a requesting State shall in respect of death or of injury to persons, damage to or loss of property, or damage to the environment caused within its territory or other area under its jurisdiction or control in the course of providing the assistance requested:
- not bring any legal proceedings against the assisting party or persons or other legal entities acting on its behalf;
- assume responsibility for dealing with legal proceedings and claims brought by third parties against the assisting party or against persons or other legal entities acting on its behalf;
- hold the assisting party or persons or other legal entities acting on its behalf harmless in respect of legal proceedings and claims referred to in sub-paragraph (b); and
- compensate the assisting party or persons or other legal entities acting on its behalf for:
- death of or injury to personnel of the assisting party or persons acting on its behalf;
- loss of or damage to non-consumable equipment or materials related to the assistance;
except in cases of wilful misconduct by the individuals who caused the death, injury, loss or damage.
ARTICLE-13: Settlement of disputes [go to this ARTICLE]
... If a dispute of this character between States Parties cannot be settled within one year from the request for consultation pursuant to paragraph 1, it shall, at the request of any party to such dispute, be submitted to arbitration or referred to the International Court of Justice for decision. Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of The International Court of Justice or the Secretary-General of the United Nations to appoint one or more arbitrators. In cases of conflicting requests by the parties to the dispute, the request to the Secretary-General of the United Nations shall have priority.
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