Property, Planning and Environmental Law Compensation for Harm Caused by Nuclear Installations: What's the Damage?
Journal of Property, Planning and Environmental Law
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Currently under an indefinite embargo pending publication by Emerald. No embargo required on publication.
Introduction It is hard to conceive of an environmental disaster with greater capacity for harm than a nuclear accident. The (still projected) costs related to the Fukushima nuclear disaster may run to 21.5 trillion yen ($188 billion), of which over one third (7.9 trillion yen) is accounted for by reparation and compensation with a further quarter (5.6 trillion yen) for the cost of treatment and storage of contaminated soil (Yasunari 2011; Obayashi and Hamada 2016). These costs in Japan, lying outside of any compensation regime, fall largely upon Tokyo Electric Power (TEPCO) and other utilities and are borne by cost cutting (and a return to hydrocarbon based energy) and higher utility bills. In Western Europe, international conventions provide for an international liability regime1 for the payment of compensation following a nuclear incident (TouitouDurand, 2010). Recent changes to and in particular raised liability thresholds in these international conventions have generated revised compensation structures for nuclear accidents in the UK. [...]
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