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ABSTRACT

Nuclear Inter Jura ’91:
for the future

nuclear law and nublear energy

Proceedings of the biennial congress of the

International Nuclear Law Association

England,

Briscoe,

23-26 September 1991
W.

(AIDN-INLA),

International Nuclear Law Association,

Kingdom).

367-386
920000

Harwell

British Administrative Committee

Bath,

(United

UNL

The Marshall Islands Nuclear Claims Tribunal was
established in 1988 pursuant to legislation enacted by
the Republic of the Marshall Islands as part of its
obligations under the Compact of Free Association
between it and the United States (ratified 1986) and an
associated Compact implementation agreement. The
Tribunal is generally considered to be the last hope for
compensation for a large number of Marshallese who claim
to have suffered injury or damage as a result of the
United States Nuclear Testing Programme in the Marshall
Islands, 1946 - 1958. Under the Compact, the United
States admitted liability for injuries and damages
suffered by Marshallese as a result of the Testing
Programme and made provision for the payment of
compensation. In return, the Republic agreed to espouse,
on behalf of it and its citizens, all current and future
claims for compensation against the United States. The
Tribunal has been given a most challenging and unique
assignment: - to identify and compensate the victims of
the Testing Programme, with a potentially limited sum of
money, an indefinite number of victims, and with
cultural, environmental and political circumstances
which are not altogether conducive to Western concepts
associated with compensating people for damages and
personal injuries suffered as a result of a wrongful
act. The paper will describe the Tribunal’s role in
compensating the victims of the Testing Programme. It
will highlight a number of legal, social and cultural
difficulties in establishing and operating a scheme to
compensate people for damages and injuries suffered or
commenced up to forty years previously. (author).

HARDTACK PROJECT/victims compensation ;HUMAN

KEYWORDS

POPULATIONS/delayed radiation effects ;HUMAN

POPULATIONS/marshall islands ;REDWING PROJECT/victims
compensation ;LEGISLATION; LOCAL FALLOUT; NUCLEAR
EXPLOSIONS; NUCLEAR INSURANCE; NUCLEAR LIABILITY; NUCLEAR
WEAPONS; USA

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