["Like domestic laws in nations that have installed nuclear power
plants, the CSC limits responsibility for nuclear accidents to the
operator of the plants, mainly electric power or fuel companies."
Indian domestic law, in this regard, is, understandably, the sole
exception. But the fact that India has a very ambitious, even if quite
unrealistic, plan for expansion of nuclear power primarily based on
imported nuclear reactors makes India quite an important player - as a
major potential importer of nuclear reactors. (For a glimpse into the
consequential intense tug-of-war in this regard, may look up:
<https://groups.yahoo.com/neo/groups/india-unity/conversations/topics/54143>.)

(I)n August, the Japan Federation of Bar Associations issued a
statement opposing ratification of the CSC on the grounds it would
create a moral hazard for manufacturers, who would likely not feel
obliged to deal seriously with measures to prevent nuclear accidents."
 This is an extremely vital issue. How to ensure that the
manufacturer/vendor acts in a responsible manner? How the "system"
provides for that?]

http://ajw.asahi.com/article/behind_news/politics/AJ201410240041

Japan to ratify international convention on nuclear accident compensation pact
October 24, 2014

THE ASAHI SHIMBUN



Japan intends to ratify an international convention that sets a global
uniform standard for compensating victims of nuclear accidents.

The move is in line with fears of an increasing risk of a nuclear
accident abroad with developing nations accelerating their efforts to
construct nuclear power plants.

The convention limits responsibility for nuclear accidents to the
operator of the nuclear plant, meaning companies that manufacture
nuclear plant equipment would not be liable. That provision would make
it easier for Japanese manufacturers to export nuclear technology.

However, critics charge that Japan has not yet adequately assessed the
reasons for the catastrophic triple meltdown at the Fukushima No. 1
nuclear power plant in 2011 and that it is wrong to join a convention
that would promote nuclear technology exports.

The Abe administration will submit a bill to the extraordinary Diet
session now in progress to ratify the Convention on Supplementary
Compensation for Nuclear Damage (CSC). Currently, five nations,
including the United States, have ratified the treaty, which was
adopted in 1997.

However, the treaty has still not entered into force because one
provision has not been met--that the total installed nuclear capacity
of the ratifying nations be at least 400,000 megawatts.

If Japan ratified the convention, that provision would be cleared. The
United States has been lobbying Japan to join the pact. The treaty
would take effect 90 days after the Diet ratified the convention.

Convention signatory nations would share in the compensation burden
when a nuclear accident occurred.

Along with the convention, the Abe Cabinet will also submit relevant
legislation to allow for implementation of the convention.

Japan had not joined the convention because it placed excessive faith
in the "safety myth" surrounding nuclear power plants.

The Fukushima nuclear disaster put paid to that way of thinking. Moves
by developing nations in Asia and elsewhere to construct nuclear power
plants were another reason for joining the convention.

The CSC requires nations to provide a minimum yen equivalent of 47
billion ($438 million) in compensation. If the total amount of
compensation required exceeds that amount, signatory nations would be
required to share part of the additional burden.

A Foreign Ministry official said, "The convention will encourage
developing nations to pass legislation related to nuclear power
plants."

The additional shared amount to be contributed by each nation would be
calculated based on the capacity of nuclear power generation. If Japan
joined the convention, it would have to come up with about 4 billion
yen to deal with a potential accident abroad. The government plans to
ask electric power companies to set aside funds annually to shore up
the compensation sharing package.

***Like domestic laws in nations that have installed nuclear power
plants, the CSC limits responsibility for nuclear accidents to the
operator of the plants, mainly electric power or fuel companies.***
[Emphasis added. Indian domestic law, in this regard, is,
understandably, the sole exception. But the fact that India has a very
ambitious, even if quite unrealistic, plan for expansion of nuclear
power primarily based on imported nuclear reactors makes India an
important player - as a major potential importer of nuclear reactors.]

For that reason, companies that manufacture nuclear plant equipment or
construct nuclear plants would not be held responsible for accidents
that occurred in signatory nations.

A Japanese government source said U.S. officials lobbied Japan to join
the CSC because it was becoming difficult for companies in the United
States to export nuclear plant equipment to developing nations until
the convention took effect.

An executive with a major Japanese manufacturer said, "With it looking
close to impossible to construct a new plant in Japan, we would
appreciate a convention that encouraged the export of nuclear plants."

However, ***in August, the Japan Federation of Bar Associations issued
a statement opposing ratification of the CSC on the grounds it would
create a moral hazard for manufacturers, who would likely not feel
obliged to deal seriously with measures to prevent nuclear
accidents***. [Emphasis added. This is an extremely vital issue. How
to ensure that the manufacturer/vendor acts in a responsible manner?
How the "system" provides for that?]

Mie Asaoka, a vice president with the JFBA, said: "The convention
encourages developing nations to pass legislation so nuclear plants
can be exported to them. Can Japan claim to have fulfilled its
international responsibility for having caused the accident at
Fukushima?"

(This article was written by Takashi Watanabe and Senior Staff Writer
Noriyoshi Ohtsuki.)
THE ASAHI SHIMBUN

-- 
Peace Is Doable

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