Abstract:

Execution of nuclear energy activities safely and securely depends on the regulation of appropriate security requirements in the legal context and safety culture of all stakeholders involved in these activities. The risk of accident in the nuclear energy field, where the security incident has highest tendency, is very low, however the accident can lead to destruction. For this reason, the protection of the rights of those who are injured by a nuclear accident is of utmost importance. In this study, it has been addressed that which principles and procedures within the frame of international agreements and Turkish Law are exercised for compensating the damages, which erupt due to nuclear incident. The general framework of Turkish nuclear liability regime has been regulated by "Paris Convention on Third Party Liability in the Field of Nuclear Energy". The Paris Convention creates and forms strict substantive law provisions into the contracting countries' domestic law with the aim of merging the rules regarding nuclear liability, while it liberates contracting parties to make necessary complementary regulations. Paris Convention regulates procedures and principles regarding absolute and exclusive liability of the nuclear power plant operator, limitation of this liability by the contracting parties in amount and in time basis, the obligation to cover this liability by insurance or any other financial security. Pursuant to fifth paragraph of the 90th Article of the Constitution of the Republic of Turkey, aforesaid provisions provide a basis of third party liability in the field of nuclear energy according to Turkish Law

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