CYIL vol. 10 (2019)

JAKUB HANDRLICA CYIL 10 ȍ2019Ȏ This article aims to deal with these issues from the perspective of the Czech Republic, which is Contracting Party to the Vienna Convention on Civil Liability for Nuclear Damages (thereinafter “the Vienna Convention”). 14,15 Consequently, we will address the applicability of the Vienna Convention to various stages of the disposal of spent fuel in a prospective underground repository. Also, during the 14 th European Nuclear Energy Forum (ENEF) in Prague 16 , Slovak Prime Minister Peter Pellegrini said that the Czech and Slovak Republics could jointly resolve the issue of spent fuel management by establishing a shared (international) repository. Taking these current political declarations in mind, my article will deal with the issue of a prospective shared repository from the perspective of the Vienna Convention. Furthermore, it will also address the provisions of the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage 17 (thereinafter the “Protocol of 1997”), which was adopted in order to strengthen the liability regime as established by the Vienna Convention (thereinafter “the Amended Vienna Convention”). Currently, the Czech Republic is Signatory to the Protocol of 1997, but has not yet ratified it. 18 Consequently, the Czech Republic remains in the liability regime as established under the Vienna Convention, although several other States 19 currently follow this regime. 2. Operator of an underground repository and his liability The Vienna Convention provides for a particular liability regime, applicable to those damages (thereinafter “nuclear damages”), “which arises out of or results from the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or radioactive products or waste in, or of nuclear material coming from, originating in, or sent to, a nuclear installation.” 20 The Future of International Law (Cambridge University Press 2013) 66-84 (see in particular the chapter entitled “The Futurology of International Law”). (iv) BEEBE, B. ‘Fair Use and Legal Futurism’ (2013) 25 Law & Literature 10. 14 The Vienna Convention on Civil Liability for Nuclear Damage (adopted 21 May 1963, entered into force 12 November 1977), INFCIRC/500. 15 Currently, the following states are Contracting Parties to the Vienna Convention: Armenia, Belarus, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Cameroon, Chile, Croatia, Cuba, Czech Republic, Egypt, Estonia, Hungary, Jordan, Kazakhstan, Latvia, Lebanon, Lithuania, Mauritius, Mexico, Montenegro, Morocco, Niger, Nigeria, Peru, Philippines, Poland, Republic of Macedonia, Republic of Moldova, Romania, Russian Federation, Saint Vincent and Grenada, Saudi Arabia, Senegal, Serbia, Slovakia, Ukraine and Uruguay. 16 14 th European Nuclear Energy Forum (ENEF) was held on 29 th to 30 th April 2019. 17 The Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage (adopted 12 September 1997, entered into force 4 October 2003), INFCIRC/566. 18 For further details on the provisions of the Amended Vienna Convention and their impact to strengthening of the liability framework see (i) HANDRLICA, J. ‘The Protocol of 1997 to Amend the Vienna Convention on civil liability for nuclear damage: a chance for strengthening the liability framework in Europe’ in Rafael MANÓVIL, M. (ed), Nuclear law in progress – Derecho nuclear en evolución (Legis Argentina 2014) 671-680. (ii) NOVOTNÁ, M., VARGA P. and HANDRLICA, J. Strengthening of nuclear liability regime on national, international and European level (rw&w 2015) 22-31. (iii) HANDRLICA, J. and NOVOTNÁ, M. ‘The Vienna Convention on Civil Liability for Nuclear Damage: Past, Evolution and Perspectives’ (2018) 8 Juridical Tribune – Tribuna Juridica 48-63. 19 Argentina, Belarus, Bosnia and Herzegovina, Jordan, Kazakhstan, Latvia, Montenegro, Morocco, Niger, Poland, Romania, Saudi Arabia and the United Arab Emirates. 20 Vienna Convention, Article I.1.k.i.

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