核动力船舶经营人责任公约－涉外文书

颁布日期：19620525 　颁布单位：布鲁塞尔

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.