CYIL vol. 13 (2022)

MATT SAVINI CYIL 13 ȍ2022Ȏ can slowly poison or cause diseases with exposure over time. Part of the risk calculation is the half-life of this nuclear material which is thought to be in the thousands of years; meaning the exposure will be dangerous for lifetimes. Although the potential impact of the risk of an accident is devastating, the probability of such an accident is very low. There have been no serious accidents with nuclear power as a maritime propulsion technology from approximately 700 reactors. 22 However, to manage this risk and maintain confidence that the probability remains very low, the liability needs to be clear and adequate securities in place as insurance for damages and to deter unsafe operation. 3. Legal Framework To determine the legal framework applicable to nuclear shipping, we must review the nuclear liability law from its inception heavily focused on land-based civil electric power generating plants. The existing legal structure for land-based commercial nuclear power plants is confusing and does not have uniform ratification nor enactment but the underlying principles have similarly been implemented in individual systems. 23 However, uniform adoption is necessary considering the effects of an accident are not contained within a country’s borders but may impact other nations, the environment, and people across the globe. It is the responsibility of those states who choose to employ the awesome powers of nuclear energy to ensure they do so safely. We will review the composition of the international civil nuclear law, implementation of the law in the United States, nuclear shipping law in the maritime, and look to the regulation of hazardous waste shipping for input. A. International Nuclear Liability Law International nuclear law emerged as a result of the commercialization of nuclear technology after the second world war as nations sought to harness the power for peace time benefits. The first generation of conventions was organized by the Nuclear Energy Agency (“NEA”) under the Organisation for Economic Cooperation and Development (“OECD”) and consequently limited the applicability to mostly Western Europe and Turkey. 24 The primary treaty was the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy (“Paris Convention”). 25 The purpose of the Paris Convention treaty was to establish terms and conditions for civil liability from nuclear damage. Under this regime, the following principles were proposed to govern international nuclear liability: strict liability, liability to the nuclear operator, limitation of liability, compulsory insurance, and exclusive jurisdiction of one court. 26 A few years later, the NEA held the Brussels Supplementary Convention to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of January 31, 1963 22 “Concepts for a Modular Nuclear Powered Containership” (PDF). Lloyd’s Register. 23 See FAURE, M. G. & BORRE, T. V., Compensating Nuclear Damage: A Comparative Economic Analysis of the U.S. and International Liability Schemes, 33 Wm. & Mary Envtl. L. & Pol’y Rev. 219, 221 (2008). 24 Id at 227. 25 BRODER, S. P., Responsibility and Accountability for Harm Caused by Nuclear Activities, 35 U. Haw. L. Rev. 575, 585 (2013); Paris Convention on Third Party Liability in the Field of Nuclear Energy, July 29, 1960, as amended by the Additional Protocol of 28th January 1964 and by the Protocol of 16th November 1982, 956 U.N.T.S. 263 [hereinafter Paris Convention], available at https://www.oecd-nea.org/jcms/pl_31788/paris convention-full-text. 26 FAURE, M. G. & BORRE, T. V., Compensating Nuclear Damage: A Comparative Economic Analysis of the U.S. and International Liability Schemes, 33 Wm. & Mary Envtl. L. & Pol’y Rev. 219, 226 (2008).

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