Radioisotopes
10/5/318
(Item 18 from file: 103)
03414157
AIX-23-084053; EDB-92-176914
Title: Compensation for the victims of the Marshall Islands nuclear testing
:
programme: the Marshall Islands Nuclear Claims Tribunal

Author(s):

Briscoe,

W.

Title: Nuclear Inter Jura '91: nuclear law and nuclear energy for the
future
,
,
,
/
(United
Harwell
Association,
Law
Nuclear
International
Source:
Corporate
Kingdom),. British Administrative Committee (Code: 9051134)
Conference Title: Nuclear Inter Jura '91: biennial conference of the
International Nuclear Law Association (INLA) - nuclear law and the
challenge of the future
Conference Location: Bath (United Kingdom)
Conference Date: 22-26 Sep
1991
Publisher:
Harwell (United Kingdom)
International Nuclear Law Association

Publication Date:

1992

p 367-386

(794 p)

Report Number(s):
CONF -910923-ISBN: 0-7058-1654-0
Document Type: Analytic of a Book; Conference Literature
Language: In English
Journal Announcement: EDB9224
Availability: Available from H.M. Stationery Office,

Subfile:

ETD

(Energy

Technology

(sent to DOE from) )

Data Exchange).

GBN (United Kingdom

US DOE Project/NonDOE Project: NP

Country of Origin: United Kingdom
Country of Publication: United Kingdom
Abstract: 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

previously.

(author).

Major Descriptors: *HARDTACK PROJECT -- VICTIMS COMPENSATION; *HUMAN
POPULATIONS -- DELAYED RADIATION EFFECTS; *HUMAN POPULATIONS -MARSHALL ISLANDS; *REDWING PROJECT -- VICTIMS COMPENSATION

Descriptors: LEGISLATION; LOCAL FALLOUT; NUCLEAR EXPLOSIONS; NUCLEAR
INSURANCE; NUCLEAR LIABILITY; NUCLEAR WEAPONS; USA
Broader Terms: BIOLOGICAL EFFECTS; BIOLOGICAL RADIATION EFFECTS; DEVELOPED
COUNTRIES; EXPLOSIONS; FALLOUT; INSURANCE; ISLANDS; LIABILITIES;
MICRONESIA; NORTH AMERICA; NUCLEAR EXPLOSIONS; OCEANIA; POPULATIONS;
RADIATION EFFECTS; WEAPONS

Subject Categories:

220901*

-- Nuclear Reactor Technology -- Reactor

Safety -- Accident Liability

INIS Subject Cateqories:

F2500*

-- Nuclear Law -- Liabilitv for Nuclear

IOO3bbd

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 ta 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

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