CIVIL LIABILITY FOR IONIZING RADIATION DAMAGE

Abstract

This research studies civil liability for ionizing radiation damage, following civil liability principles according to principles of liability in the Vienna Convention on Civil Liability for Nuclear Damage and foreign laws specifying specific civil liability for ionizing radiation damage. The goal is to consider liability principles appropriate to the context of ionizing radiation damage in Thailand, as well as analyze principles of liability under relevant Thai law to find current limitations which may lead to impediments and enforcement problems.

Results were that specific legal amendments should be considered to the Nuclear Energy for Peace Act B.E. 2559 (2016), apart from the issue of strict liability to enforce determination of persons liable, exceptions to liability, insurance prescriptions and provisions covering damage that may occur to appropriately and efficiently support and heal those affected by the use of ionizing radiation.