United States

Rabin, Robert L.; Bratis, Suzanne A.

doi:10.1007/3-211-33775-x_10

Cited by 8 publications

(23 citation statements)

References 2 publications

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“…First of all, the U.S. Price-Anderson Act is drafted by the U.S. legislator on the basis of an open and transparent process in which all interests (not solely those of the nuclear lobby) can be heard. Thus it is not surprising that, within this U.S. 65 Rabin and Bratis (2006). 66 See Faure (2006, p. 425).…”

Section: Conditions For Implementationmentioning

confidence: 99%

The Coverage of the Nuclear Risk in Europe: Which Alternative?

Faure

Fiore²

2008

Geneva Pap Risk Insur Issues Pract

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The coverage of catastrophic risks, and in particular of industrial and technological risks, raises multiple questions. As nuclear risk is considered to be a special risk, its coverage is not provided in a traditional way. One of the problems in coverage of the nuclear risk is that operators today still to a large extent rely upon insurers. However, nuclear insurance is provided through national pools that operate on a non-competitive basis. These pools are costly for operators and the damage covered remains insufficient. Given their dissatisfaction with these insurance pools, many nuclear operators are now looking for alternatives. Relying on the previous work of Faure and Skogh, the goal of this paper is to examine whether a risk-sharing by nuclear operators could constitute a serious alternative for the current coverage system. In order to examine this alternative we will place it in a concrete context of nuclear operators in Europe. Moreover, we do not merely want to sketch the theoretical possibilities of a risk-sharing by operators (as this has been done before in the literature). We will in addition also examine the financial consequences for nuclear operators in Europe of such a risk-sharing agreement.

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Section: Conditions For Implementationmentioning

confidence: 99%

The Coverage of the Nuclear Risk in Europe: Which Alternative?

Faure

Fiore²

2008

Geneva Pap Risk Insur Issues Pract

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“…In the latter work, at p. 3, the author writes explicitly of the "loose hegemony over the political structure" of the leaders of the large corporations. 45 Bartrip (fn. 17) 9-10.…”

Section: D) Epiloguementioning

confidence: 99%

“…However, to put things in perspective: the foreseeable resistance of lawyers against shifts away from private law is not only driven by financial considerations but also by professional ethics. The professional attitude of lawyers specialized in private law is built on the foundations of their field of expertise which "breathes specificity" (i.e., in which each and every case is considered to be special and deserv- 32 See the contribution by Ogus to this volume. See also, e.g., Anthony Ogus, Regulation: Legal Form and Economic Theory (1994) 55 ff.…”

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confidence: 99%

“…This, and the undesirability of forcing workers to pay for accidents that they believed should never happen, engendered opposition within the labour movement. 32 The insurance solution was temporarily shelved. Following a general election in which employers' liability had become a significant issue, an Employers' Liability Act was passed in 1880.…”

mentioning

confidence: 99%

“…44 Undoubtedly, the truth was more complex than either of these monolithic interpretations can account for. One more subtle, yet convincing, evaluation is that the introduction of workers' compensation was "a compromise measure backed by no powerful interest group": 45 Even in 1897 the TUC and individual unions remained critical of the insurance solution. Why this was so is arguable.…”

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confidence: 99%

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