CYIL 2015

THE VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE … Further, in order to strengthen the liability framework established by the Vienna Convention, several Contracting Parties signed 18 the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage in 1997. The Vienna Convention, as Amended by the Protocol of 1997 (hereinafter “the Amended Convention” or “the Amended Vienna Convention”) entered into force in 2003. However, the Amended Convention has not been ratified by all Contracting Parties of the Convention until now. Consequently, the Amended Vienna Convention is currently valid in those states which already have deposited theirs instruments of ratification, 19 while in the other states the (original version) of the Vienna Convention remains in force. In relation to the definition of a “nuclear installation”, the Amended Vienna Convention contains a new provision 20 whereby the definition of “nuclear installation” includes “such other installations in which there are nuclear fuel or radioactive products or waste as the Board of Governors of the International Atomic Energy Agency shall from time to time determine.” This article aims to deal with the question which nuclear technologies do fall under the scope of application of the Convention (Amended Convention respectively). In particular, this article aims to deal with those technologies which have become more important for the nuclear sector during the last few decades (in particular radioactive waste disposal facilities and installations in the process of being decommissioned). Last but not least, attention will be paid also to the launching of new nuclear technologies which have been most recently discussed. The Convention and Nuclear Installations: Application Problems Revisited Nuclear reactors Any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power is to be considered as a “nuclear installation” and therefore falls under the scope of the Vienna Convention. The Convention defines 21 the term “nuclear installation” as “any structure containing nuclear fuel 22 in such an arrangement that a self-sustaining chain process of nuclear fission can occur therein without an additional source of neutrons.” Consequently, both nuclear reactors used for the purposes of electricity production (in nuclear power plants) and 18 Argentina, Belarus, Czech Republic, Hungary, Indonesia, Italy, Latvia, Lebanon, Lithuania, Morocco, Peru, Philippines, Poland, Romania and Ukraine. 19 Argentina, Belarus, Bosnia and Herzegovina, Jordan, Kazakhstan, Latvia, Montenegro, Morocco, Poland, Romania, Saudi Arabia and United Arab Emirates. 20 Art. I, Par. 1 letter /j/, Section /iv/. 21 Art. I, Par. 1 letter /i/. 22 “Nuclear fuel” means “any material which is capable of producing energy by a self-sustaining chain process of nuclear fission” (Art. I, Par. 1, letter /f/).

153