1962年核动力船舶经营人责任公约 CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS， 1962

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

　　rticle 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.

　　Article XI

　　1. When， having regard to the likelihood of any claims arising out ofa nuclear incident exceeding the amount specified in Article III of thisConvention， a court of the licensing State， at the request of theoperator， a claimant or the licensing State， so certifies， the operator orthe licensing State shall make that amount available in that court to payany such claims； that amount shall be regarded as constituting thelimitation fund in respect of that incident.

　　2. The amount may be made available for the purposes of the precedingparagraph by payment into court or by the provision of security orguarantees sufficient to satisfy the court that the money will beavailable when required to meet any established claim.

　　3. After the fund has been constituted in accordance with paragraph 1of this Article the court of the licensing State shall be exclusivelycompetent to determine all matters relating to the apportionment anddistribution of the fund.

　　4. （a） A final judgment entered by a court having jurisdiction underArticle X shall be recognised in the territory of any other ContractingState， except：

　　（i） where the judgment was obtained by fraud； or

　　（ii） the operator was not given a fair opportunity to presenthis case，

　　（b） A final judgment which is recognized shall， upon beingpresented for enforcement in accordance with the formalities required bythe law of the Contracting State where enforcement is sought， beenforceable as if it were a judgment of a court of that State，

　　（c） The merits of a claim on which the judgment has been givenshall not be subject to further proceedings.

　　5. （a） If a person who is a national of a Contracting State， otherthan the operator， has paid compensation for nuclear damage under anInternational Convention or under the law of a non-Contracting State， suchperson shall， up to the amount which he has paid， acquired by subrogationthe rights which the person so compensated would have enjoyed under thisConvention. However， no rights shall be so acquired by any person if andto the extent that the operator has a right of recourse or contributionagainst such person under this Convention；

　　（b） If a limitation fund has been set up and

　　（i） the operator has paid， prior to its being set up， compensationfor nuclear damage； or

　　（ii） the operator has paid， after it has been set up， compensationfor nuclear damage under an International Convention or the law of anon-Contracting State，

　　he shall be entitled to recover from the fund， up to the amountwhich he has paid， the amount which the person so compensated would haveobtained in the distribution of the fund；

　　（c） If no limitation fund is set up， nothing in this Conventionshall preclude an operator， who has paid compensation for nuclear damageout of funds other than those provided pursuant to paragraph 2 of ArticleIII， from recovering from the person providing financial security underparagraph 2 of Article III or from the licensing State， up to the amounthe has paid， the sum which the person so compensated would have obtainedunder this Convention；

　　（d） In this paragraph the expression “a

national of a ContractingState” shall include a Contracting State or any of its constituentsubdivisions or a partnership or any public or private body whethercorporate or not established in a Contracting State.

　　6. Where no fund has been constituted under the provisions of thisArticle， the licensing State shall adopt such measures as are necessary toensure that adequate sums provided by it or by insurance or otherfinancial security in accordance with paragraph 2 of Article III， shall beavailable for the satisfaction of any claim established by a judgment of acourt of any other Contracting State which would be recognised underparagraph 4 of this Article； the sums shall be made available， at theoption of the claimant， either in the licensing State or in theContracting State in which the damage was sustained or in the ContractingState in which the claimant is habitually resident.

　　7. After the limitation fund has been constituted in accordance withparagraph 1 of this Article or， where no such fund has been constituted，if the sums provided by the licensing State， or by insurance， or otherfinancial security are available in accordance with paragraph 6 of thisArticle to meet a claim for compensation， the claimant shall not beentitled to exercise any right against any other asset of the operator inrespect of his claim for nuclear damage and any bail or security （otherthan security for costs） given by or on behalf of that operator in anyContracting State shall be released.

　　Article XII

　　1. The Contracting States undertake to adopt such measures as arenecessary to ensure implementation of the provisions of this Convention，including any appropriate measures for the prompt and equitabledistribution of the sums available for compensation for nuclear damage.

　　2. The Contracting States undertake to adopt such measures as arenecessary to ensure that insurance and reinsurance premiums and sumsprovided by insurance， reinsurance or other financial security， orprovided by them in accordance with paragraph 2 of Article III， shall befreely transferable into the currency of the Contracting State in whichthe damage was sustained， of the Contracting State in which the claimantis habitually resident or， as regards insurance and reinsurance premiumsand payments， in the currencies specified in the insurance or reinsurancecontract.

　　3. This Convention shall be applied without discrimination based uponnationality， domicile or residence.Article XIII

　　This Convention applies to nuclear damage caused by a nuclear incidentoccurring in any part of the world and involving the nuclear fuel of， orradioactive products or waste produced in， a nuclear ship flying the flagof a Contracting State.

　　Article XIV

　　This Convention shall supersede any International Conventions in forceor open for signature， ratification or accession at the date on whichthis Convention is opened for signature， but only to the extent that suchConventions would be in conflict with it； however， nothing in this Articleshall affect the obligations of Contracting States to non-ContractingStates arising under such International Conventions.

　　Article XV

　　1. Each Contracting State undertakes to take all measures necessary toprevent a nuclear ship flying its flag from being operated without alicence or authority granted by it.

　　2. In the event of nuclear damage involving the nuclear fuel of， orradioactive products or waste produced in， a nuclear ship flying the flagof a Contracting State， the operation of which was not at the time of thenuclear incident licensed or authorized by such Contract

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