CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ CHARTING A COURSE TOWARDS A UNIVERSAL REGIME OF LIABILITY FOR NUCLEAR… competition in private enterprise.” 11 U.S. electric utilities were quick to capitalize on the technology, ordering more than fifty power reactors by 1967. 12 As of September 2021, there are ninety-three nuclear reactors in operation in the United States generating electricity; forty others have been shutdown over the years. 13 At the same time nuclear energy was being developed as a source to generate commercial electricity, the technology was adapted to propel ships, particularly, naval vessels. The Naval Nuclear Propulsion Program was created in 1982 via executive order to develop, oversee, and maintain the nuclear propulsion of naval vessels as a matter of importance to national security. 14 It is well known that the U.S. Navy operates submarines and aircraft carriers that are propelled by nuclear reactors. Five other countries are recognized to operate nuclear vessel: UK, France, Russia, China, and India. 15 Nuclear ships have predominantly been used for military applications, but civilian and merchant use have occurred since the launch of the LENIN in 1954. 16 The most successful utilization has been on icebreakers, like the LENIN, particularly Russian built and operated in the frozen arctic ocean. 17 The first American merchant nuclear ship was the NS SAVANNAH commissioned in 1960. 18 However, the application did not prove to be the preferred solution in the industry and experienced very little adoption. There were only three nuclear ships sailed for the purposes of international commerce and freight; currently, there are none in operation. 19 This was likely the result of increased capital expense for upfront construction, restricted routes and available ports of call, accident damage, and lack of a uniform international legal convention. 20 Although, the concept has reemerged in recent years as a potential solution to combat emissions. In response to the increased awareness in climate change and environmental impacts, nuclear shipping could provide a credible alternative power source to fossil fuels. 21 Advances in technology in small modular reactors and different reactor types, such as molten salt reactors, may also provide increased confidence in the reliability and safety of the technology as a marine propulsion source. Before the technology is adopted, it is critical to develop the legal framework to operate under. Like conventional land-based commercial nuclear power, the risk of a nuclear accident is real. The world has seen the power and devastation that can occur from a nuclear accident like those experienced at Chernobyl in 1986 and Fukushima Daiichi in 2011. An accident can cause the release of nuclear material into the environment which can be quickly dispersed in the atmosphere, through water, and from organism to organism. The nuclear material is highly radioactive and, if concentrated enough, is lethal in minutes and lower-level radiation 11 42 U.S.C.A §2011 (West). 12 “50 Years of Nuclear Energy,” supra note 3. 13 “Nuclear Power in the USA”. World Nuclear Association. https://world-nuclear.org/information-library/ country-profiles/countries-t-z/usa-nuclear-power.aspx. 14 50 U.S.C.A §2511 (West). 15 “Nuclear-Powered Ships”. World Nuclear Association. https://world-nuclear.org/information-library/non-power nuclear-applications/transport/nuclear-powered-ships.aspx. 16 “50 Years of Nuclear Energy” (PDF), supra note 3. 17 “Nuclear-Powered Ships”, supra note 15.

18 Id. 19 Id. 20 Id. 21 “Concepts for a Modular Nuclear Powered Containership” (PDF). Lloyd’s Register.

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