Saturday, November 05, 2011

 

U.S. concerns over n- liability law

From The Hindu

There “continue to be serious concerns” that India's 2010 nuclear liability law is not consistent with the Convention on Supplementary Compensation, and the IAEA is an “appropriate venue” to clarify such questions, according to the U.S. State Department.

To a query from The Hindu, the Department put out a formal statement clarifying its position on the subject of IAEA adjudication. “The Agency can be helpful in assisting countries in evaluating their compliance with the CSC,” the State Department noted.

However, the statement did not address the question whether there had been any precedent in which the IAEA had advised any other country on whether its nuclear liability laws were consistent with international standards such as the CSC.

The issue gained salience this week when U.S. Deputy Secretary William Burns said, “We encourage India to engage with the IAEA to ensure that India's liability regime fully conforms with the international requirements under the [CSC].”

During a speech at the Brookings Institution, Mr. Burns had welcomed India's commitment to ratify the CSC later this year. However, he had added that if international and Indian firms were to participate in India's civil nuclear sector, “India needs a nuclear liability regime consistent with international standards.”

His comments reflect the tenor of remarks made by Secretary of State Hillary Clinton during her July meeting with Foreign Minister S.M. Krishna in New Delhi at the second round of the U.S.-India Strategic Dialogue. Ms. Clinton had stated the U.S. position in the very same words that Mr. Burns used this week.

While Mr. Burns said completing the civil nuclear partnership was central to both nations' long-term prosperity and India's future energy security, Ambassador Nirupama Rao, who also spoke at the same event, said “On its part, the Government of India is committed to provide a level playing field for all our international partners.”

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Sunday, May 30, 2010

 

U.S. expects nuclear liability law to be CSC-compliant

From The Hindu

On the eve of the United States-India strategic dialogue, it has become clear that the U.S. is poised to push India towards a nuclear liability legislation “that will be consistent with the Convention on Supplementary Compensation”; and if such a legislation were passed, “it would provide a very important legal protection and open the way for billions of dollars in American reactor exports and thousands of jobs”, according to Robert Blake, Assistant Secretary of State for South and Central Asian Affairs.

Expressing confidence that the Indian Government may well commit itself to CSC-compliant laws for payouts in the event of a nuclear accident, Mr. Blake said, “The Prime Minister addressed this very forthrightly himself [when] he said that… the passage of this legislation is a priority for the Indian Government.”

"Win-win nature"

Emphasising the “win-win” nature of the deal, Mr. Blake argued it would both deliver nuclear technology that would meet the energy needs of India’s fast-growing economy and also help the U.S. “to substantially increase our exports [and] provide much needed new jobs".

In his remarks to the media here, Mr. Blake however conveyed the U.S.' sense of confidence that Dr. Singh would deliver the goods despite delays in the Indian parliament due to concerns over the overall cap on compensation to Rs. 500 crore and the allocation of much of the burden of nuclear liability to the Indian taxpayer.

He said, “I do not think it has taken that long. India is a democracy and, like our own democracy, they have to work a bill through – first through their own cabinet system and then they have to get a consensus within their own parliamentary system on this very, very important bill.”

When the Prime Minister tabled the bill in Parliament earlier this month the Left and the National Democratic Alliance (NDA) members said the cap “violates the rights of a citizen guaranteed under the Constitution".

Mr. Blake added the nuclear liability bill had political resonance in India because of the Bhopal disaster. As a result, people were looking at the bill very closely as they ought to, he said.

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