CYIL Vol. 5, 2014

THE BRUSSELS CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS Currently, the probability of a change of the status quo concerning this Convention is very low. However, even a deadlock can serve as a useful lesson for further development of nuclear liability legislation, as the quantity of nuclear powered vessels will be increased by operators, concerned over international recognition of their activities. Facing these challenges, the continued deadlock highlights the expectations over the use of nuclear power in the early 1960s and the reasons why those efforts failed. Major problematic points of the proposed universal framework will be identified, as well as possible future solutions. 1. Nuclear marine propulsion: big expectations and first regulative attempts Identifying nuclear energy as a promising means of marine propulsion The design, development and production of nuclear marine propulsion plants began in the United States in the 1940s, with the first test reactor started in 1953. The first nuclear-powered military submarine, “USS Nautilus ”, was put to sea in 1955 and remained in operation until 1980. Construction of the “ USS Nautilus (SSN-571)” started in 1952, its first operation was in 1954, and it reached full power operation in 1955. It set speed, distance and submergence records for submarine operation that were not possible for conventional submarines. The “USS Nautilus ” was not only the first ship to reach the North Pole, but also an example of the advantages of nuclear-powered propulsion for submarines: The ability to travel long distances undetected, at high speed and underwater, avoiding surface wave resistance and without refueling. Unlike diesel engine driven submarines, nuclear-powered submarines need no oxygen to produce their energy. The “ USS Nautilus ” beat numerous records, establishing nuclear propulsion as the ideal driving force for the world’s submarine fleet. Among its records was the world’s first underwater crossing of the Arctic ice cap. However, the “USS Nautilus ” was still considered more an experimental vessel. The US fleet of nuclear-powered submarines increased very quickly and, during the very late 1950s, approximately 12 nuclear powered submarines were launched. Furthermore, there were considerable developments in the area of nuclear-powered civil vessels: The Soviet Union very soon launched the world’s first nuclear powered surface ship and, at the same time, the world’s first nuclear powered civilian vessel, the nuclear icebreaker “ NS Lenin ”, intended to aid shipping in the frozen Arctic areas. The “NS Lenin” was launched in 1957 and remained in service until 1990. Two years following the “NS Lenin” , the first US-produced nuclear-powered cargo-passenger ship, “ NS Savannah ”, was launched. However, the “NS Savannah” was one of only four nuclear-powered merchant ships ever existing.

123