CYIL Vol. 5, 2014

JAKUB HANDRLICA CYIL 5 ȍ2014Ȏ Way towards a special multilateral treaty: exclusion from the nuclear liability treaties Subsequently, after demonstrating that atomic energy could be effectively used to provide marine propulsion, attention was turned to those maritime issues requiring amendment. In general, attention was concentrated on the need to provide effective legal protections for the general public against radiation dangers and other forms of damage possibly caused by nuclear ships, while not crippling the nascent industry with an overburden of safeguards. 3 Facing these challenges, efforts led to formulating a multilateral treaty, regulating matters of nuclear liability arising from the use of nuclear power in marine propulsion and strongly influenced by the interaction of two groups of international institutions: those traditionally active in the field of maritime conventions, and those studying issues of nuclear liability associated with land-based nuclear reactors. 4 At the same time, the International Atomic Energy Agency and the OECD’s European Nuclear Energy Agency began preparing multilateral instruments that became the Paris Convention and the Vienna Convention. However, the text of both conventions excluded reactors powering ships from their scope of application. Therefore, matters of nuclear liability for damages incurred by the operation of nuclear-powered vessels were reserved for a specialized international treaty. 5 In general, the following issues were considered to be governed by this treaty: 6 First, certain generally accepted principles concerning nuclear liability were developed and, in principle, widely accepted during negotiations in the late 1950s and 1960s. According to these principles, the operator should be absolutely liable for any damage caused by a nuclear incident, while all liability is to be channeled to him. Furthermore, the operator’s liability should be limited to a specific amount, which needs to be fully covered. All these principles were subsequently accepted in the provisions of the Paris Convention as well as of the Vienna Convention and there had been in principle consensus that these principles should prevail also in matters of liability for the nuclear-powered ships. Additionally, there were several issues considered specific to matters related to nuclear-powered vessels, and the anticipated international treaty should deal with them: A very important issue was whether the rules would be common for nuclear-powered merchant ships and warships with nuclear propulsion, while the latter presented the majority of nuclear-powered vessels at the time. Furthermore, there was a question 3 Fergusson, E. Liability of nuclear powered vessels: the work toward an international convention: some problems and principles, Atomic Energy Law Journal, 1960, at p. 25. 4 Szasz, P. The Convention on the Liability of Operators of Nuclear Ships, Journal of Maritime Law and Commerce, 1970, at p. 547. 5 Miller, C . Problems of International Legislation regulating the Liability of Operators of Nuclear Ships, Progress in Nuclear Energy, 1962, at p. 306. 6 Colliard, A . La Convention de Bruxelles relative á la responsabilité des exploitants de navires nucléaires, Annuaire francais de droit international, 1962, at p. 42.

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