CYIL 2015

JAKUB HANDRLICA CYIL 6 ȍ2015Ȏ source of neutrons” (emphasis added), the liability regime of the Convention will be not applicable on any installations using the processes of nuclear fusion. 34 Consequently, in the case of future positive developments in this field, liability issues in this regard must be regulated by either multilateral or bilateral legal instruments. 35,36 Last but not least, there are nuclear reactors operated for defence purposes . In this respect, the Preamble of the Vienna Convention states that one of the reasons for concluding the Convention was “the desirability of establishing some minimum standards to provide financial protection against damage resulting from certain peaceful uses of nuclear energy ” (emphasis added). However, there is no further indication in the Convention 37 as to whether or not it also applies to military facilities, 38 nor was the question discussed during the diplomatic conference which adopted the Convention. 39 However, the Amended Vienna Convention clarifies the situation with respect to these installations, stating that this convention does not apply to any installations operated for non-peaceful purposes. 40 Radioactive waste disposal facilities The Vienna Convention did not specifically include radioactive waste disposal facilities under “nuclear installations”. When the Convention was drafted, the question of hazards arising from radioactive waste disposal was not yet fully understood. The lack of provisions on radioactive waste disposal in the Convention is due to the fact that, when the Convention was drafted, the development of nuclear 34 See IOIRYSH, A. I., SUPATAEVA, O. A., CHOPORNIAK, A.B. Otvetstvennosti za iadernyi ushcherb , Moskva: Nauka, 1993, at pp. 126-127. 35 It may be interesting to mention that, during the drafting of the Amended Vienna Convention, the issue of potential radiological risks that might be posed by fusion reactors was discussed. However, in the end, the delegations decided that it was “premature to consider coverage of future fusion installations by the third party liability regime.” IAEA (ed.): The 1997 Vienna Convention on Civil Liability for Nuclear Damage and 1997 Convention on Supplementary Compensation for Nuclear Damage – Explanatory Texts, Vienna: IAEA, 2007, at p. 26. 36 Also the Paris Convention restricts its applicability to fission reactors, when defining (in Art. 1 Par. A/ letter /iii/) „nuclear fuel“ as „f issionable material (emphasis added) in the form of uranium metal, alloy, or chemical compound (including natural uranium), plutonium metal, alloy, or chemical compound, and such other fissionable material as the Steering Committee shall from time to time determine.“ 37 In this respect the situation is very similar to the framework established by the Paris Convention. The Preamble of this Convention states that one of the reasons for its being concluded was “ensuring adequate and equitable compensation for persons who suffer damage caused by nuclear incidents whilst taking the necessary steps to ensure that the development of the production and uses of nuclear energy for peaceful purposes is not thereby hindered.” 38 See WOLFF, K. The Vienna International Convention on Civil Liability for Nuclear Damage, In WEINSTEIN, J. (ed.): Nuclear liability, progress in nuclear energy , Series X, Vol. 4, Oxford: Pergamon Press, 1966, p. 18. 39 See IAEA (ed.): The 1997 Vienna Convention on Civil Liability for Nuclear Damage and 1997 Convention on Supplementary Compensation for Nuclear Damage – Explanatory Texts, Vienna: IAEA, 2007, at p. 27. 40 Art. I B.

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