INTERVIEW FOR CSE 2019 All ForumIAS members selected for CSE 2019 Personality Test must submit their details and DAF and register below to receive further instructions and guidance from ForumIAS. Click here to register now
INTERVIEW 2020 CHANNEL ForumIAS Channel for Interview Preparation is now Active! Please join the channel by clicking here
Can someone explain why this liability law is an issue with USA only? We are working with France and Russia too but there wasn't any compromise. Or was there any?
From IDSA- "The provisions of the CLNDA have stalled not only sales of nuclear reactors from US to India but from other major nuclear suppliers – Russia and France – as well. Even though the NSG exemption for nuclear commerce was granted more than six years ago, and India had signed the nuclear cooperation agreements with these countries nearly six years ago, it has not been able to finalise even a single commercial contract for the import of a reactors from any of these countries. The only nuclear cooperation that India has been able to conclude with any of the countries with whom it has nuclear cooperation agreements is in respect of nuclear fuel which would not have any implication for application of CLNDA."
Under the law, all the liabilities have been capped to 300 million Special Drawing Rights. Why SDR is used here and not any currency? I haven't seen anything before where SDR is used, we generally use USD.
Under the law, all the liabilities have been capped to 300 million Special Drawing Rights. Why SDR is used here and not any currency? I haven't seen anything before where SDR is used, we generally use USD.
its as per international nuclear liability convention from Brussels Supplementary Convention . May be because SDRs can be exchanged for any freely usable currencies and it is based upon 4 international currencies. I think in case of nuclear accident this compensation would be paid by IMF. May be thats why SDR in this case.
Under the law, all the liabilities have been capped to 300 million Special Drawing Rights. Why SDR is used here and not any currency? I haven't seen anything before where SDR is used, we generally use USD.
its as per international nuclear liability convention from Brussels Supplementary Convention . May be because SDRs can be exchanged for any freely usable currencies and it is based upon 4 international currencies. I think in case of nuclear accident this compensation would be paid by IMF. May be thats why SDR in this case.
Under the law, all the liabilities have been capped to 300 million Special Drawing Rights. Why SDR is used here and not any currency? I haven't seen anything before where SDR is used, we generally use USD.
its as per international nuclear liability convention from Brussels Supplementary Convention . May be because SDRs can be exchanged for any freely usable currencies and it is based upon 4 international currencies. I think in case of nuclear accident this compensation would be paid by IMF. May be thats why SDR in this case.
Brussel covention nahi vienna convention
actually both say the same thing but india signed CSC without being a member of either of these convention
1. S. 17(b): the operator the right to recover whatever he pays out as no fault liability from the Supplier, if the accident had resulted from an act of the supplier or his employees. However, the operator's liability is capped at 1500 cr.
US & Fr feels this right to recourse isn’t in tune with CSC (Convention of supplementary convention) on N-damages where the primary liability is with the operator & Not Supplier.
2. S. 46: puts liability on N-suppliers in case of accident due to faulty material supplied by suppliers. US Cos like Westinghouse & GE-Hitachi are worried. It is also interpreted that victims can use S. 46 to tort claims & compensation (i.e. sue these N-suppliers). So US want amendment in CLND Act 2010
India clarifies: A clarification issued by MEA says that the right to recourse will be possible only if under 6a, it is written in the contract between the NPCIL and the supplier. Thus it isn’t by default part of Civil N-Cooperation agreement.
3. Another contentious clause in the liability law was unlimited liability for which international companies will find it difficult to get insurers.
Now Question is How did the reconciliation happen without amending CLND Act? Point 3 was addressed without changing law how? Point 2 was addressed as can be seen from MEA statement.
Also for Point 1 it is said that N-risk fund is planned but when we make a Nuclear Risk fund with funding from Insurance PSUs. Isn't public money used in here?
We are a secret self-moderated community for Civil Services preparation. Feel free to join, start a discussion, answer a question or just to say Thank you.Just dont spread the word ;)Sign in or join with Facebook or Google
ForumIAS is India’s leading Online website for UPSC IAS Exam Online Preparation and guidance. At ForumIAS, we have a dream. Our dream is to make its members achieve their IAS dream. Today thousands of aspirants have joined the elite services such as IAS, IPS, IFS, IRS and other central and state services with the right inputs provided by ForumIAS. Take a look at our IAS Toppers
Free IAS Online Preparation Initiatives by ForumIAS
Current affairs is the most important part of UPSC IAS exam. ForumIAS provides a detailed analysis of important news articles through its 9PM brief. In current affairs reading Editorials Online needs an in-depth focus and hence we provide a separate analysis of daily editorials which is not found in any other website. Click the following link to access these free preparation initiatives in Portal . ForumIAS also provides compilations and Free downloads for UPSC IAS preparation
Knowing is never enough for IAS exam. An IAS aspirant must be engaged in answer writing practice to do well in UPSC IAS Mains Exam. ForumIAS has launched a Mains Marathon initiative for IAS mains Online answer writing. Click here to access UPSC Mains Marathon initiative . For Daily Must Read Newspaper articles, Visit Must Read Newspaper page here. Must Read Newspaper is an Initiative by Team ForumIAS to provide Current Affairs links to the Must Read Articles of The Day from Newspaper.
UPSC Syllabus
The most important part of UPSC IAS exam is its syllabus and there is a need to take an in-depth look at it. Click here to view the UPSC IAS Prelims syllabus. Visit UPSC IAS syllabus page here
UPSC IAS Study Material
ForumIAS is the repository of many toppers’ Online study materials for GS Mains and Optional subjects. The most unique thing about it is that they are handwritten by toppers themselves. Click here for UPSC sample notes
Interview Preparation for IAS
Interview is the last and crucial stage for becoming an IAS officer. How to prepare for it? We provide a solution. ForumIAS is the only online website where quality IAS interview preparations happen. Online Current affairs from an interview perspective are extensively discussed and specific preparation based on candidate’s profile and hobbies can be done. Please visit this link for UPSC Interview Preparation
At ForumIAS we have an exclusive Online page to read the UPSC Interview Transcripts
Indian Forest Service (IFoS)
IFoS is one of the most sought after All India Service. ForumIAS provides the right approach to excel in this exam through their toppers who have shared their success mantras and their study materials in an elaborate manner.
About Indian Administrative Service (IAS)
IAS is considered as one of the best jobs on earth. IAS officers hold the most important positions in Central and State Governments and in Public Sector Undertakings (PSUs). They also represent India in international organizations. They take the most important decisions in the administration of Government policies and development programs.
About Indian Police Service (IPS)
IPS officers occupy higher positions in the State Police Departments, Central Armed Police Forces and Intelligence Agencies. Their most important responsibilities are maintenance of Law and Order and internal security.
About Indian Foreign Service (IFS)
IFS officers serve as diplomats in international missions and embassies of India around the world and in prominent international organizations like United Nations (UN), World Bank, and IMF. They work to promote India’s interests from a bilateral and a global perspective.
The Study portal is a single point of online IAS preparation through its several initiatives like the Must Read News Articles, the 9 PM Brief, the Mains Marathon. If you are preparing for IAS exam online, ForumIAS is the place to go. ForumIAS is proud of ForumIAS Alumni in UPSC Service who have secured top Ranks in past 5 years.
Visit Us At
ForumIAS - Offline Guidance Centre
ForumIAS Academy, 1st Floor, IAPL House, 19, Pusa Road, Opposite Metro Pillar 95-96, Karol Bagh, New Delhi-110005,
View Google Map Location
Comments
@Mehr it clarified many doubts :-)
@Armstrong
From IDSA-
"The provisions of the CLNDA have stalled not only sales of nuclear reactors from US to India but from other major nuclear suppliers – Russia and France – as well. Even though the NSG exemption for nuclear commerce was granted more than six years ago, and India had signed the nuclear cooperation agreements with these countries nearly six years ago, it has not been able to finalise even a single commercial contract for the import of a reactors from any of these countries. The only nuclear cooperation that India has been able to conclude with any of the countries with whom it has nuclear cooperation agreements is in respect of nuclear fuel which would not have any implication for application of CLNDA."
USA had following problems with CLND Act, 2010
1. S. 17(b): the operator the right to recover whatever he pays out as no fault liability from the Supplier, if the accident had resulted from an act of the supplier or his employees. However, the operator's liability is capped at 1500 cr.
US & Fr feels this right to recourse isn’t in tune with CSC (Convention of supplementary convention) on N-damages where the primary liability is with the operator & Not Supplier.
2. S. 46: puts liability on N-suppliers in case of accident due to faulty material supplied by suppliers. US Cos like Westinghouse & GE-Hitachi are worried. It is also interpreted that victims can use S. 46 to tort claims & compensation (i.e. sue these N-suppliers). So US want amendment in CLND Act 2010
India clarifies: A clarification issued by MEA says that the right to recourse will be possible only if under 6a, it is written in the contract between the NPCIL and the supplier. Thus it isn’t by default part of Civil N-Cooperation agreement.
3. Another contentious clause in the liability law was unlimited liability for which international companies will find it difficult to get insurers.
Now Question is How did the reconciliation happen without amending CLND Act?
Point 3 was addressed without changing law how? Point 2 was addressed as can be seen from MEA statement.
Also for Point 1 it is said that N-risk fund is planned but when we make a Nuclear Risk fund with funding from Insurance PSUs. Isn't public money used in here?