2014 Volume 14 Pages 86-98
Based on the experience of the Fukushima nuclear power plant disaster in 2011, the Japanese Government will soon begin to reexamine the provisions of the Act on Compensation for Nuclear Damage. In my opinion, it would be desirable to incorporate the following provisions into the Act.
First of all, I believe it would be appropriate to maintain the framework of the current Act on Compensation for Nuclear Damage, but add a provision confirming the power of parliament to enact a special law for state compensation in the event of a nuclear power plant disaster. As to whether there should be a provision limiting the liability of nuclear power plant operators or not, I remain opposed to the introduction of a uniform provision. However, a provision could be included confirming the fact that the legislature has power to enact a new law limiting the liability of nuclear power plants operators after the occurrence of an accident, taking into account the particular circumstances of such accident.
Secondly, a new provision should state clearly that the Bankruptcy Law, Corporate Rehabilitation Law, and Corporate Reorganization Law can be applied to the payment of nuclear damages by a power plant operator who causes an accident.
Thirdly, the various kinds of government aid available could be expanded and specified. For example, the inclusion of a provision establishing that grants of subsidies, enforcement of area rehabilitation projects, and such for the benefit of residents, enterprises, and municipalities in affected areas are permissible as “measures for recovery of damage” should also be considered.
Fourthly, the organizational relationship between the Dispute Reconciliation Committee for Nuclear Damage Compensation and its independent subcommittees for enforcement of reconciliation procedures should be settled as a matter of law.
Finally, it is also important to state clearly that the guidelines of the Dispute Reconciliation Committee for Nuclear Damage Compensation are flexible and exemptions may be granted in some situations.
