CYIL vol. 13 (2022)

MATT SAVINI CYIL 13 ȍ2022Ȏ Deepwater Horizon offshore rig, are catastrophes of comparable effect to a nuclear incident arising from a nuclear ship. Similarly, leakage of radioactive effluent or some other hazardous material can cause harm of a magnitude impacting the health of people, environment, and economies in large areas of the Earth. One problem with general United States maritime law is that damages for pure economic losses are precluded as decided in Robins Dry Dock & Repair Co. v. Flint. 103 However, this was excepted under OPA to include losses in connection with an oil spill. 104 CERCLA provides for recovery of damages from a spill of any hazardous material. 105 This is important because a disaster involving a nuclear incident from a nuclear ship is likely to cause significant pure economic harm. As the United States law stands, the avenue for recovery is only for oil and hazardous material “spills” which is likely distinct from a nuclear incident from a nuclear ship. Whereas the international regime establishes a compensation fund to be drawn upon if the limits of liability are exceeded for damages from oil spills through the CLC and IOPC, an approach similar to the Paris Convention, Vienna Convention, and Price-Anderson. However, the CLC and IOPC are only applicable to oil spills. Again, here, we have previously established that there is a lack of uniform, global standard to assign liability from a nuclear incident of a nuclear ship. Under the United States regime, CERCLA may provide an avenue to assign liability and recover damages from a nuclear incident of nuclear ship in navigable waters of the United States, but it does not provide additional financial securities or insurance that will likely be required for the potential of massive damage. As previously argued, because of the immense potential danger of a nuclear incident from a nuclear ship, a comprehensive international legal framework is required as protection to the public welfare and the global environment – this is not found in existing pollution regimes either. 5. Future Importance As interests in climate change continues to increase in popularity and priority, stakeholders around the globe are evaluating all contributors and uses of fossil fuels. It is clear that the shipping industry presents an opportunity to impact emissions by changing the source of propulsion. Nuclear ships could be investigated as an alternative if the circumstances evolve such that the economics improve, and uniform international legal framework is adopted. An international agreement on the governance of nuclear ships will create predictability for all stakeholders. A global standard will increase confidence in the technology, promote developments, foster safe design, construction, and operation, deter negligence, and provide adequate protections. Nuclear ships can operate for years, up to the entire design life of vessel, without refueling which is unique among propulsion sources. With this characteristic, stakeholders can realize more predictable costs, less exposure to oil volatility, and associated geo-political economics. The Russian natural gas leverage over Europe appears to be increasing openness to nuclear in land-based reactors, maybe that momentum continues into ships. Small modular reactors are developing, with different coolant mediums, which are designed to be safer, more compact, and economically viable. The years long refueling capability coupled with the development of autonomous shipping may create new visions

103 Schoenbaum, supra note 72, at 25. 104 Id. at 26. 105 Id. at 16.

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