CYIL Vol. 5, 2014

JAKUB HANDRLICA CYIL 5 ȍ2014Ȏ 2. The Brussels Convention on Liability for Operators of Nuclear Ships: key elements The relevant provisions of the NS Convention were treated quite extensively by contemporary authors of the time and the instrument was discussed at international forums. 18 These sources remain, until now, the best reference to content and connotations of treaty provisions, as the Convention ceased to be an object of interest in the 1970s and 1980s, mainly because of reasons outlined below. Therefore, the aim of the following paragraphs is to briefly point out the content of the main provisions, issues of the Convention and their liability implication for nuclear-powered vessels. The scope of application of the Convention In comparison to earlier international treaties adopted at the previous Sessions of the Diplomatic Conference on Maritime Law, the Convention was, at the time of its adoption, considered to be remarkable. 19 This was first because it far surpassed the area of private law and, second, because it involved both seafaring nations and countries that had no prospect of operating important nuclear-powered fleets in the near future. Further, the Convention did not intend to cover conventional ships merely transporting nuclear material. That remained covered by the Paris Convention and by the Vienna Convention, except to the extent that these treaties relied upon any prior “international agreement in the field of transport.” 20 The restriction on the matters of civil liability inter alia implicates that the Convention basically does not deal with the issues of nuclear safety, relying in this matter on specialized nuclear safety treaties. 21 However, even the Convention contains two requirements that might be considered as being of a safety nature: – Article XV (1) stipulates, that “Each Contracting State undertakes to take all measures necessary to prevent a nuclear ship, flying its flag, from being operated without a license or authority granted by it.” – Article XV (4) stipulates, that “Each Contracting State undertakes not to grant a license or other authority to operate a nuclear ship flying the flag of another State.” Furthermore, the Convention did not attempt to deal with perhaps the most difficult problem of the whole complex of issues related to the use of nuclear energy for the means of marine propulsion; the passage of nuclear-powered ships through inland waters and their entry into ports. According to the Article XVII, “nothing in this Convention shall affect any right which a Contracting State may have under international 20 The Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material was adopted in 1971. The purpose of the treaty was to ensure that the operator of a nuclear installation and not the owner of a vessel will be exclusively liable for damage caused by a nuclear incident occurring in the course of maritime carriage of nuclear material. The Convention came into force in 1975. 21 Berman, W., Hydeman, L . International Control of the Safety of Nuclear-Powered Merchant Ships, Michigan Law Review, 1960, at pp. 233 et seq. 18 Op. cit. sub note 7, at p. 304. 19 Op. cit. sub note 10, at p. 778.

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