The Brussels I Regulation and Liability for Nuclear Damage

摘要

Prior to 2004, the map of the European Union seemed to be basically identical to the map of thencontracting parties to the Paris Convention on Third Party Liability in the Field of NuclearnEnergy of 1960 (thereinafter “the Paris Convention”).1 The 2004 and 2007 enlargements werenmainly composed of the contracting parties to the Vienna Convention on Civil Liability for NuclearnDamage of 1963 (thereinafter “the Vienna Convention”).2 In various discussions, the term “nuclearnliability patchwork” is used to describe this existing situation.3 One of the problems arising from thisn“patchwork” is that, while a uniform legal framework was established for matters of jurisdiction andnthe enforcement of decisions under the authority given to the European Union (“EU”) by the CouncilnRegulation on jurisdiction and the recognition and enforcement of judgements in civil and commercialnmatters (hereinafter “Brussels Regulation”),4 this overall framework does not apply to particularnmatters governed by the special conventions to which member states may be contracting parties, seenArticle 71 of the Brussels Regulation.