Risk theory As a basis for international responsibility for potential nuclear damage

Raslan Abu Al-Hamad, Mohammad; RATEB ABDELHAFEZ, MOAMER

doi:10.21608/ijarlg.2022.444252

Risk theory As a basis for international responsibility for potential nuclear damage

Document Type : Original Article

Authors

¹ PhD researcher in the Department of international, Law faculty of Law, Aswan University

² Professor and Head of the Department of International Law and Vice Dean of the Faculty of Law, Assiut University.

10.21608/ijarlg.2022.444252

Abstract

summary
There is no doubt that the importance of public international law has increased with the development of the factors that led to its emergence, and reached its peak in the era of nuclear discoveries that caused widespread damage. Although damage resulting from explosions or the possession of nuclear weapons has been confirmed by historical events, the use of nuclear energy for peaceful purposes, as an internationally recognized right, may also lead to damage as a result of unforeseen incidents, whether or not the necessary safety precautions are taken, or due to improper disposal of nuclear waste. However, experiments have shown that applying traditional fault-based liability rules is not effective, given the difficulty or unavailability of proving fault, especially in the field of nuclear energy use

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