CYIL vol. 11 (2020)

JAKUB HANDRLICA CYIL 11 (2020) binding for a majority of States operating nuclear installations for electricity production within their territory. Simultaneously, a number of international conventions explicitly declare their inapplicability to radioactive substances, or nuclear installations, 18 leaving the matter to be regulated by special international agreements. 19 All the above-mentioned multilateral instruments are opened for accession to any State and, consequently, they have a universal ambition. The guardian of these international treaties, the IAEA, has been active in successfully promoting the further adoption of these instruments worldwide. Consequently, there is a clear tendency for universalism in international nuclear law. 20 In parallel, the instruments adopted under the auspices of the IAEA frequently refer to the necessity, or desirability of adopting further regional and bilateral agreements. Thus, the Convention on Early Notification of a Nuclear Accident provides 21 that Contracting Parties may consider, where deemed appropriate, the conclusion of bilateral or multilateral arrangements relating to the subject matter of this Convention. The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency also contains a similar call for the further strengthening of relations, stating that Contracting Parties may agree on bilateral or multilateral arrangements or, where appropriate, a combination of these to prevent or minimize injury and damage that may result in the event of a nuclear accident or radiological emergency. 22 The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management (Joint Convention) provides for a call to adopt bilateral agreements in order to address the issues of international (shared) repositories for radioactive waste. 23 The fact is that bilateral and regional agreements currently govern various areas of mutual co-operation in the field of nuclear energy (eg. scientific and industrial co-operation, co-operation and exchange of information among the national regulatory authorities, early notification and mutual assistance in a case of emergency, or nuclear accident etc.). Under the auspices of the Organisation for Economic Cooperation and Development (OECD), a specific regional framework for nuclear liability was established in Europe. 24 18 Art. 57 Paragraph 1 of the Convention on jurisdiction and the enforcement of judgements in civil and commercial matters of 1988, Art. 1 Paragraph 3 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 1989, Art. 2 Paragraph 2 of the Convention on the Transboundary Effects of Industrial Accidents of 1992, Art. 4 Paragraph 3 of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea of 1996, Art. 3 Paragraph 2 of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade of 1998 etc. 19 See HANDRLICA, Jakub “Exclusivism in International Nuclear Law: The Concept Revisited” (2018) 8 The Lawyer Quarterly 271. 20 LAMM, Vanda “Reflections on the development of international nuclear law” (2017) 1 Nuclear Law Bulletin 37. 21 See Art. 9 of the Convention on Early Notification of a Nuclear Accident. 22 See Art. 1 Par. 2 of the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency. 23 See Preamble (xi) of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. 24 The Convention on Third Party Liability in the Field of Nuclear Energy (adopted 29 July 1960), as amended by the Additional Protocol of 1964 (adopted 28 January 1964, entered into force 1 April 1968) and by the Protocol of 1982 (adopted 16 November 1982, entered into force 7 October 1988) and the Protocol to Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960 as Amended by the Additional Protocol of 28 January 1964 and by the Protocol of 16 November 1982 (adopted 12 February 2004, not yet in force).

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