Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency

 

Article 9

Transit of personnel, equipment and property

Each State Party shall, at the request of the requesting State or the
assisting party, seek to facilitate the transit through its territory of
duly notified personnel, equipment and property involved in the assistance
to and from the requesting State.

Article 10

Claims and compensation

1. The States Parties shall closely cooperate in order to facilitate the
settlement of legal proceedings and claims under this article.

2. Unless otherwise agreed, a requesting State shall in respect of death
or of injury to persons, damage to or loss of property, or damage to the
environment caused within its territory or other area under its
jurisdiction or control in the course of providing the assistance
requested:

(a) not bring any legal proceedings against the assisting party or
persons or other legal entities acting on its behalf;

(b) assume responsibility for dealing with legal proceedings and claims
brought by third parties against the assisting party or against
persons or other legal entities acting on its behalf;

(c) hold the assisting party or persons or other legal entities acting
on its behalf harmless in respect of legal proceedings and claims
referred to in sub-paragraph (b); and

(d) compensate the assisting party or persons or other legal entities
acting on its behalf for:

(i) death of or injury to personnel of the assisting party or
persons acting on its behalf;

(ii) loss of or damage to non-consumable equipment or materials
related to the assistance;

except in cases of wilful misconduct by the individuals who caused the
death, injury, loss or damage.

3. This article shall not prevent compensation or indemnity available
under any applicable international agreement or national law of any State.

4. Nothing in this article shall require the requesting State to apply
paragraph 2 in whole or in part to its nationals or permanent residents.

5. When signing, ratifying, accepting, approving or acceding to this
Convention, a State may declare:

(a) that it does not consider itself bound in whole or in part by
paragraph 2;

(b) that it will not apply paragraph 2 in whole or in part in cases of
gross negligence by the individuals who caused the death, injury,
loss or damage.

6. A State Party which has made a declaration in accordance with
paragraph 5 may at any time withdraw it by notification to the depositary.

Article 11

Termination of assistance

The requesting State or the assisting party may at any time, after
appropriate consultations and by notification in writing, request the
termination of assistance received or provided under this Convention. Once
such a request has been made, the parties involved shall consult with each
other to make arrangements for the proper conclusion of the assistance.

Article 12

Relationship to other international agreements

This Convention shall not affect the reciprocal rights and obligations
of States Parties under existing international agreements which relate to
the matters covered by this Convention, or under future international
agreements concluded in accordance with the object and purpose of this
Convention.

Article 13

Settlement of Disputes

1. In the event of a dispute between States Parties, or between a State
Party and the Agency, concerning the interpretation or application of this
Convention, the parties to the dispute shall consult with a view to the
settlement of the dispute by negotiation or by any other peaceful means of
settling disputes acceptable to them.

2. If a dispute of this character between States Parties cannot be
settled within one year from the request for consultation pursuant to
paragraph 1, it shall, at the request of any party to such dispute, be
submitted to arbitration or referred to the International Court of Justice
for decision. Where a dispute is submitted to arbitration, if, within six
months from the date of the request, the parties to the dispute are unable
to agree on the organization of the arbitration, a party may request the
President of the International Court of Justice or the Secretary-General
of the United Nations to appoint one or more arbitrators. In cases of
conflicting requests by the parties to the dispute, the request to the
Secretary-General of the United Nations shall have priority.

3. When signing, ratifying, accepting, approving or acceding to this
Convention, a State may declare that it does not consider itself bound by
either or both of the dispute settlement procedures provided for in
paragraph 2. The other States Parties shall not be bound by a dispute
settlement procedure provided for in paragraph 2 with respect to a State
Party for which such a declaration is in force.

4. A State Party which has made a declaration in accordance with
paragraph 3 may at any time withdraw it by notification to the depositary.

Article 14

Entry into force

1. This Convention shall be open for signature by all States and Namibia,
represented by the United Nations Council for Namibia, at the Headquarters
of the International Atomic Energy Agency in Vienna and at the
Headquarters of the United Nations in New York, from 26 September 1986 and
6 October 1986 respectively, until its entry into force or for twelve
months, whichever period is longer.

2. A State and Namibia, represented by the United Nations Council for
Namibia, may express its consent to be bound by this Convention either by
signatre, or by deposit of an instrument of ratification, acceptance or
approval following signature made subject to ratification, acceptance or
approval, or by deposit of an instrument of accession. The instruments of
ratification, acceptance, approval or accession shall be deposited with
the depositary.

3. This Convention shall enter into force thirty days after consent to be
bound has been expressed by three States.

4. For each State expressing consent to be bound by this Convention after
its entry into force, this Convention shall enter into force for that
State thirty days after the date of expression of consent.

5.(a) This Convention shall be open for accession, as provided for in this
article, by International Organizations and regional integration
organizations constituted by sovereign States, which have competence in
respect of the negotiation, conclusion and application of international
agreements in matters covered by this Convention.

(b) In matters within their competence such organizations shall, on
their own behalf, exercise the rights and fulfil the obligations
which this Convention attributes to States Parties.

(c) When depositing its instrument of accession, such an organization
shall communicate to the depositary a declaration indicating the
extent of its competence in respect of matters covered by this
Convention.

(d) Such an organization shall not hold any vote additional to those of
its Member States.

Article 15

Provisional application

A State may, upon signature or at any later date before this Convention
enters into force for it, declare that it will apply this Convention
provisionally.

Article 16

Amendments

1. A State Party may propose amendments to this Convention. The proposed
amendment shall be submitted to the depositary who shall circulate it
immediately to all other States Parties.

2. If a majority of the States Parties request the depositary to convene
a conference to consider the proposed amendments, the depositary shall
invite all States Parties to attend such a conference to begin not sooner
than thirty days after the invitations are issued. Any amendment adopted
at the conference by a two-thirds majority of all States Parties shall be
laid down in a protocol which is open to signature in Vienna and New York
by all States Parties.

3. The protocol shall enter into force thirty days after consent to be
bound has been expressed by three States. For each State expressing
consent to be bound by the protocol after its entry into force, the
protocol shall enter into force for that State thirty days after the date
of expression of consent.

Article 17

Denunciation

1. A State Party may denounce this Convention by written notification to
the depositary.

2. Denunciation shall take effect one year following the date on which
the notification is received by the depositary.

Article 18

Depositary

1. The Director General of the Agency shall be the depositary of this
Convention.

2. The Director General of the Agency shall promptly notify States
Parties and all other States of:

(a) each signature of this Convention or any protocol of amendment;

(b) each deposit of an instrument of ratification, acceptance, approval
or accession concerning this Convention or any protocol of
amendment;

(c) any declaration or withdrawal thereof in accordance with articles 8,
10 and 13;

(d) any declaration of provisional application of this Convention in
accordance with article 15;

(e) the entry into force of this Convention and of any amendment
thereto; and

(f) any denunciation made under article 17.

Article 19

Authentic texts and certified copies

The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally, authentic, shall be
deposited with the Director General of the International Atomic Energy
Agency who shall send certified copies to States Parties and all other
States.

IN WITNESS WHEREOF the undersigned, being duly authorized, have signed
this Convention, open for signature as provided for in paragraph 1 of
article 14.

ADOPTED by the General Conference of the International Atomic Energy
Agency meeting in special session at Vienna on the twenty-sixth day of
September one thousand nine hundred and eighty-six.

Author: international

Mentioned in these Entries

Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, International Court of Justice, International Organizations, Settlement of Disputes.