Currie studies in detail the provisions of the International Atomic Energy Association's Vienna Convention of 1963 and the Organization of Economic Cooperation and Development's Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960, which was strengthened by the Brussels Supplementary Convention in 1963; the 1988 Joint Protocol Relating to the Vienna and Paris Conventions; the 1997 Vienna Protocol
amending the 1963 Vienna Convention; the 1997 Convention on Supplementary Compensation for Nuclear Damage; and the 2004 Paris Protocol.
The 1997 Vienna Protocol introduces a poorly defined exception for military installations.
The 1997 Vienna Protocol does explicitly extend the geographical coverage of damage covered, covering damage 'wherever suffered', but leaves jurisdiction in the Installation State; and while it extends the definition of damage, it leaves much discretion to the laws of the Installation State.
The 1997 Vienna Protocol does introduce preventive measures, but if nuclear damage has not yet occurred, these measures can only be taken where there is a 'grave and imminent threat'.
In 1997, the Vienna Protocol (7) and the Convention on Supplementary Convention (CSC) (8) featured increased limits and introduced a somewhat broader, but still limited, definition of nuclear damage to include preventive steps and environmental reinstatement (9) and made some other changes, such as allowing compensation to residents of non-Contracting Parties.
(33) It can thus be seen that even the new limits in the 1997 Vienna Protocol and 2005 Paris Protocol may well fall far short of actual damage suffered.
A COMPARISON OF THE 1997 VIENNA PROTOCOL WITH THE 1963 CONVENTION