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  Home|The N–KL Supplementary Protocol|Text|Article 12   Printer-friendly version

Article 12. Implementation and relation to civil liability

  1. Parties shall provide, in their domestic law, for rules and procedures that address damage. To implement this obligation, Parties shall provide for response measures in accordance with this Supplementary Protocol and may, as appropriate:
    1. Apply their existing domestic law, including, where applicable, general rules and procedures on civil liability;
    2. Apply or develop civil liability rules and procedures specifically for this purpose; or
    3. Apply or develop a combination of both.
  2. Parties shall, with the aim of providing adequate rules and procedures in their domestic law on civil liability for material or personal damage associated with the damage as defined in Article 2, paragraph 2 (b):
    1. Continue to apply their existing general law on civil liability;
    2. Develop and apply or continue to apply civil liability law specifically for that purpose; or
    3. Develop and apply or continue to apply a combination of both.
  3. When developing civil liability law as referred to in subparagraphs (b) or (c) of paragraphs 1 or 2 above, Parties shall, as appropriate, address, inter alia, the following elements:
    1. Damage;
    2. Standard of liability, including strict or fault-based liability;
    3. Channelling of liability, where appropriate;
    4. Right to bring claims.