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Garden Contamination Case (2)
Published online by Cambridge University Press: 01 January 2021
Abstract
State immunity — Jurisdictional immunity — Distinction between sovereign and non-sovereign activities of foreign State — Whether classification of activity a matter for international law, the law of the forum or the law of the State engaged in the activity — Production of nuclear energy — Whether a sovereign activity — State corporation — Soviet corporation operating Chernobyl nuclear plant — Whether an entity distinct from the State — Jurisdiction claimed on basis of ownership of property in use for non-sovereign purposes
State responsibility — Transboundary nuclear pollution — Duties of State operating nuclear plant — Duty under international law to provide information about nuclear accidents — Whether breach gives rise to claim by individual — Federal Republic of Germany Federal Atomic Energy Act, Section 25(1) — Whether Union of Soviet Socialist Republics of State corporation the operator of the Chernoby1 nuclear plant — Test of control — Liability in tort
Environment — Action against State regarding environmental damage — Transboundary nuclear pollution — Chernobyl nuclear accident — Whether resident of Federal Republic of Germany entitled to damages for damage caused by pollution — Nature of duty of State operating nuclear plant
Jurisdication — Territorial — Tort committed outside jurisdiction — Effects within jurisdication — Transboundary nuclear pollution — The law of the Federal Republic of Germany
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