CYIL vol. 11 (2020)
JAKUB HANDRLICA CYIL 11 (2020) and 11 new Contracting Parties 31 to the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency since the Fukushima accident. Currently, there are 123 Contracting Parties to the first mentioned Convention and 120 to the second. There have also been considerable developments in the time period discussed if looking at the Convention on Nuclear Safety, which represents the most important instrument of international nuclear law in the field of nuclear safety today. Since 2011, there have been 15 new Contracting Parties 32 to the Convention. Thus, altogether there are recently 88 Contracting Parties to the Convention worldwide. There have been similar developments with the Joint Convention. Since 2011, there have been 26 new Contracting Parties 33 to this Convention, thus increasing its number of Contracting Parties to 83. Further, the Fukushima accident also contributed to important developments of the international framework in the area of nuclear liability. As consequence, the Convention on Supplementary Compensation, which was adopted in 1997, entered into force on 15 th April, 2015. 34 Currently, there are 11 Contracting Parties 35 to this instrument of international nuclear law. There have been also certain developments in the nuclear liability framework, as established under the Vienna Convention on Civil Liability for Nuclear Damage. Since 2011, 7 new Contracting Parties 36 have acceded to the Protocol, which amends this international agreement and strengthens the Vienna liability regime. Consequently, there are currently 13 Contracting Parties 37 to the Protocol, while the other States are still in the liability r é gime, as established under the Vienna Convention on Civil Liability for Nuclear Damage. 38 This short overview on the developments, occurring during the last decade, demonstrate a tendency of States to adhere to the existing instruments of multilateral character. The fact, 31 Benin (2019), Botswana (2011), Burkina Faso (2014), Ecuador (2019), Eritrea (2020), Ghana (2016), Lao P.D.R. (2013), Madagascar (2017), Mauritania (2011), Paraguay (2013) and Syrian Arab Republic (2018). 32 Albania (2011), Benin (2019), Bolivia (2019), Cambodia (2012), Cuba (2017), Ghana (2011), Madagascar (2017), Montenegro (2015), Myanmar (2016), Niger (2016), Oman (2013), Paraguay (2014), Serbia (2017), Syrian Arab Republic (2017) and Thailand (2018). 33 Albania (2011), Armenia (2013), Benin (2019), Bolivia (2019), Bosnia and Herzegovina (2012), Botswana (2015), Chile (2011), Cuba (2017), Eritrea (2020), Ghana (2011), Indonesia (2011), Jordan (2016), Lesotho (2016), Madagascar (2017), Malta (2013), Mauritania (2011), Mauritius (2013), Mexico (2018), Niger (2016), Oman (2013), Paraguay (2018), Peru (2016), Saudi Arabia (2011), Serbia (2017), Thailand (2018) and Viet Nam (2013). 34 The Convention on Supplementary Compensation provides in its Art. XX, that it shall come into force on the ninetieth day following the date on which at least 5 States with a minimum of 400,000 units of installed nuclear capacity have deposited an instrument referred to in Article XVIII. 35 Argentina, Benin, Canada, Ghana, India, Japan, Montenegro, Morocco, Romania, the United Arab Emirates and the United States of America. 36 Bosnia and Herzegovina (2013), Jordan (2014), Montenegro (2011), Kazakhstan (2011), Niger (2016), Saudi Arabia (2011) and United Arab Emirates (2012). 37 Argentina, Belarus, Bosnia and Herzegovina, Jordan, Kazakhstan, Latvia, Montenegro, Niger, Poland, Romania, Saudi Arabia and United Arab Emirates. 38 For further details on these developments, see (i) HEFFRON, Raphael J., ASHLEY, Stephen F. and NUTTALL, William J. “The global nuclear liability regime post Fukushima Daiichi” (2016) 90 Progress in Nuclear Energy1, (ii) NOVOTNÁ, Marianna “Nuclear liability: old fears and new perspectives on the concept of nuclear damage” (2019) 10 Czech Yearbook of Public & Private International Law 298, (iii) SAXENA, Vaibhav “Nuclear liability. New dimensions and emerging trends” in MANOVIL, Rafael (ed), Nuclear Law in Progress. Derecho nuclear en evolución (Legis 2014) 681.
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