金融英语辅导：核动力船舶经营人责任公约－涉外文书

会计考友 · 发表于 2012-8-16 08:34:12

　　THE CONTRACTING PARTIES，
　　HAVING RECOGNIZED the desirability of determining by agreement certainuniform rules concerning the liability of operators of nuclear ships，
　　HAVE DECIDED decided to conclude a Convention for this purpose， andthereto have agreed as follows：
　　Article I
　　For the purposes of this Convention：
　　1. “Nuclear ship” means any ship equipped with a nuclear power plant.
　　2. “Licensing State” means the Contracting State which operates orwhich has authorized the operation of a nuclear ship under its flag.
　　3. “Person” means any individual or partnership， or any public orprivate body whether corporate or not， including a State or any of itsconstituent subdivisions.
　　4. “Operator” means the person authorized by the licensing State tooperate a nuclear ship， or where a Contracting State operates a nuclearship， that State.
　　5. “Nuclear fuel” means any material which is capable of producingenergy by a self-sustaining process of nuclear fission and which is usedor intended for use in a nuclear ship.
　　6. “Radioactive products or waste” means any material， includingnuclear fuel， made radioactive by neutron irradiation incidental to theutilization of nuclear fuel in a nuclear ship.
　　7. “Nuclear damage” means loss of life or personal injury and loss ordamage to property which arises out of or results from the radioactiveproperties or a combination of radioactive properties with toxic，explosive or other hazardous properties of nuclear fuel or of radioactiveproducts or waste； any other loss， damage or expense so arising orresulting shall be included only if and to the extent that the applicablenational law so provides.
　　8. “Nuclear incident” means any occurrence or series of occurrenceshaving the same origin which causes nuclear damage.
　　9. “Nuclear power plant” means any power plant in which a nuclearreactor is， or is to be used as， the source of power， whether forpropulsion of the ship or for any other purpose.
　　10. “Nuclear reactor” means any installation containing nuclear fuelin such an arrangement that a self-sustained chain process of nuclearfission can occur therein without an additional source of neutrons.
　　11. “Warship” means any ship belonging to the naval force of a Stateand bearing the external marks distinguishing warships of its nationality，under the command of an officer duly commissioned by the Government ofsuch State and whose name appears in the Navy List， and manned by a crewwho are under regular naval discipline.
　　12. “Applicable national law” means the national law of the courthaving jurisdiction under the Convention including any rules of suchnational law relating to conflict of laws.
　　Article II
　　1. The operator of a nuclear ship shall be absolutely liable for anynuclear damage upon proof that such damage has been caused by a nuclearincident involving the nuclear fuel of， or radioactive products or wasteproduced in， such ship.
　　2. Except as otherwise provided in this Convention no person otherthan the operator shall be liable for such nuclear damage.
　　3. Nuclear damage suffered by the nuclear ship itself， its equipment，fuel or stores shall not be covered by the operator's liability as definedin this Convention.
　　4. The operator shall not be liable with respect to nuclear incidentsoccurring before the nuclear fuel has been taken in charge by him or afterthe nuclear fuel or radioactive products or waste have been taken incharge by another person duly authorized by law and liable for any nucleardamage that may be caused by them.
　　5. If the operator proves that the nuclear damage resulted wholly orpartially from an act or omission done with intent to cause damage by theindividual who suffered the damage， the competent courts may exonerate theoperator wholly or partially from his liability to such individual.
　　6. Notwithstanding the provisions of paragraph 1 of this Article， theoperator shall have a right of recourse；
　　（a） If the nuclear incident results from a personal act oromission done with intent to cause damage， in which even recourse shalllie against the individual who has acted， or omitted to act， with suchintent；
　　（b） If the nuclear incident occurred as a consequence of anywreck-raising operation， against the person or persons who carried outsuch operation without the authority of the operator or persons whocarried out such operation without the authority of the operator or of theState having licensed the sunken ship or of the State in whose waters thewreck is situated；
　　（c） If recourse is expressly provided for by contract.

会计考友 · 发表于 2012-8-16 08:34:13

</p>
　　Article III
　　1. The liability of the operator as regards one nuclear ship shall belimited to 1，500 million francs in respect of any one nuclear incidentnotwithstanding that the nuclear incident may have resulted from any faultor privity of that operator； such limit shall include neither any interestnor costs awarded by a court in actions for compensation under thisConvention.
　　2. The operator shall be required to maintain insurance， or otherfinancial security covering his liability for nuclear damage， in suchamount， of such type and in such terms as the licensing State shallspecify. The licensing State shall ensure the payment of claims forcompensation for nuclear damage established against the operator byproviding the necessary funds up to the limit laid down in paragraph 1 ofthis Article to the extent that the yield of the insurance or thefinancial security is inadequate to satisfy such claims.
　　3. However， nothing in paragraph 2 of this Article shall require anyContracting State or any of its constituent subdivisions， such as States，Republics or Cantons， to maintain insurance or other financial security tocover their liability as operators of nuclear ships.
　　4. The franc mentioned in paragraph 1 of this Article is a unit ofaccount constituted by sixty-five and one half milligrams of gold ofmillesimal fineness nine hundred. The amount awarded may be converted intoeach national currency in round figures. Conversion into nationalcurrencies other than gold shall be effected on the basis of their goldvalue at the date of payment.
　　Article IV
　　Whenever both nuclear damage and damage other than nuclear damage havebeen caused by a nuclear incident or jointly by a nuclear incident and oneor more other occurrences and the nuclear damage and such other damage arenot reasonably separable， the entire damage shall， for the purposes ofthis Convention， be deemed to be nuclear damage exclusively caused by thenuclear incident. However， where damage is caused jointly by a nuclearincident covered by this Convention and by an emission of ionizingradiation or by an emission of ionizing radiation in combination with thetoxic， explosive or other hazardous properties of the source of radiationnot covered by it， nothing in this Convention shall limit or otherwiseaffect the liability， either as regards the victims or by way of recourseor contribution， of any person who may be held liable in connection withthe emission of ionizing radiation or by the toxic， explosive or otherhazardous properties of the source of radiation not covered by thisConvention.
　　Article V
　　1. Rights of compensation under this Convention shall be extinguishedif an action is not brought within ten years from the date of the nuclearincident. If， however， under the law of the licensing State the liabilityof the operator is covered by insurance or other financial security orState indemnification for a period longer than ten years， the applicablenational law may provide that rights of compensation against the operatorshall only be extinguished after a period which may be longer than tenyears， but shall not be longer than the period for which his liability isso covered under the law of the licensing State. However， such extensionof the extinction period shall in no case affect the right of compensationunder this Convention of any person who has brought an action for loss oflife or personal injury against the operator before the expiry of theaforesaid period of ten years.
　　2. Where nuclear damage is caused by nuclear fuel， radioactiveproducts or waste which were stolen， lost， jettisoned， or abandoned， theperiod established under paragraph 1 of this Article shall be computedfrom the date of the nuclear incident causing the nuclear damage， but theperiod shall in no case exceed a period of twenty years from the date ofthe theft， loss， jettison or abandonment.
　　3. The applicable national law may establish a period of extinction orprescription of not less than three years from the date on which theperson who claims to have suffered nuclear damage had knowledge or oughtreasonably to have had knowledge of the damage and of the personresponsible for the damage， provided that the period established underparagraphs 1 and 2 of this Article shall not be exceeded.
　　4. Any person who claims to have suffered nuclear damage and who hasbrought an action for compensation within the period applicable under thisArticle may amend his claim to take into account any aggravation of thedamage， even after the expiry of that period， provided that final judgmenthas not been entered.

会计考友 · 发表于 2012-8-16 08:34:14

</p>　　Article VI
　　Where provisions of national health insurance， social insurance，social security， workmen's compensation or occupational diseasecompensation systems include compensation for nuclear damage， rights ofbeneficiaries under such systems and rights of subrogation， or of recourseagainst the operator， by virtue of such systems， shall be determined bythe law of the Contracting State having established such systems. However，if the law of such Contracting State allows claims of beneficiaries ofsuch systems and such rights of subrogation and recourse to be broughtagainst the operator in conformity with the terms of this Convention， thisshall not result in the liability of the operator exceeding the amountspecified in paragraph 1 of Article III.
　　Article VII
　　1. Where nuclear damage engages the liability of more than oneoperator and the damage attributable to each operator is not reasonablyseparable， the operators involved shall be jointly and severally liablefor such damage. However， the liability of any one operator shall notexceed the limit laid down in Article III.
　　2. In the case of a nuclear incident where the nuclear damage arisesout of or results from nuclear fuel or radioactive products or waste ofmore than one nuclear ship of the same operator， that operator shall beliable in respect of each ship up to the limit laid down in Article III.
　　3. In case of joint and several liability， and subject to theprovisions of paragraph 1 of this Article：
　　（a） Each operator shall have a right of contribution against theothers in proportion to the fault attaching to each of them：
　　（b） Where circumstances are such that the degree of fault cannotbe apportioned， the total liability shall be borne in equal parts.A
　　Ａrticle VIII
　　No liability under this Convention shall attach to an operator inrespect to nuclear damage caused by a nuclear incident directly due to anact of war， hostilities， civil war or insurrection.
　　Article IX
　　The sums provided by insurance， by other financial security or byState indemnification in conformity with paragraph 2 of Article III shallbe exclusively available for compensation due under this Convention.
　　Article X
　　1. Any action for compensation shall be brought， at the option of theclaimant， either before the courts of the licensing State or before thecourts of the Contracting State or States in whose territory nucleardamage has been sustained.
　　2. If the licensing State has been or might be called upon to ensurethe payment of claims for compensation in accordance with paragraph 2 ofArticle III of this Convention， it may intervene as party in anyproceedings brought against the operator.
　　3. Any immunity from legal processes pursuant to rules of national orinternational law shall be waived with respect to duties or obligationsarising under， or for the purpose of， this Convention. Nothing in thisConvention shall make warships or other State-owned or State-operatedships on non-commercial service liable to arrest， attachment or seizure orconfer jurisdiction in respect of warships on the courts of any foreignState.

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[FECT高级考试] 金融英语辅导：核动力船舶经营人责任公约－涉外文书

金融英语辅导：核动力船舶经营人责任公约－涉外文书

金融英语辅导：核动力船舶经营人责任公约－涉外文书