CYIL vol. 14 (2023)

MARIANNA NOVOTNÁ CYIL 14 (2023) Key words: nuclear liability, Brussels I bis Regulation, Rome II Regulation, Vienna Convention on civil liability for nuclear damage, jurisdiction, conflict of laws About the Author: Marianna Novotná is Associate Professor at the Department of Civil and Commercial Law, Faculty of Law, University of Trnava, Slovak Republic. Her research focuses on tort law, with a particular emphasis on European tort law and other non contractual obligations. She was elected Dean of the Faculty of Law, University of Trnava, in October 2023. e-mail: marianna.novotna@gmail.com 1. Introduction As we commemorate the sixtieth anniversary of the Vienna Convention on Civil Liability for Nuclear Damage, 2 it is an opportune moment for reflection in the present day. A moment to not only assess the realization of the convention’s original intentions but also to cast our gaze upon its position and accomplishments amidst the flourishing tapestry of European legislative endeavours in recent decades. The historical origins of the legal framework governing liability for nuclear damage trace back to the 1960s when two parallel regimes emerged. The Vienna regime, embodied by the Vienna Convention on Civil Liability for Nuclear Damage (Vienna Convention), 3 stands as an open system with “worldwide applicability,” inviting all states to join without any limitations. On the other hand, the Paris regime, represented by the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 29 July 1960, 4 with subsequent amendments by the Additional Protocol of 28 January 1964 and the Protocol of 16 November 1982 5 (Paris Convention), is exclusively accessible to OECD Member States. 6 These dual legal regimes, born out of the circumstances of the 1960s (early nuclear age marked by nuclear incidents, growing recognition of the need for legal regulations to address liability, and the need to encourage the development of nuclear energy) set the stage for the subsequent evolution of nuclear liability frameworks. 7 Their coexistence offered distinct opportunities for States to engage in international agreements tailored to their respective affiliations and aspirations. 8 2 The text of the Vienna Convention available at https://www.iaea.org/publications/documents/infcircs/vienna convention-civil-liability-nuclear-damage. 3 The Vienna Convention on Civil Liability for Nuclear Damage was established on 21 May 1963 under the auspices of the International Atomic Energy Agency (IAEA). 4 See also HANDRLICA, J. A new transnational regime for nuclear liability and compensation in Europe (2022) 11 Czech Yearbook of Public and Private International Law , pp. 225–249. 5 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. Available on-line at https:// www.oecd-nea.org/law/nlparis_conv.html. 6 NOVOTNÁ, M., VARGA, P. The relation of the EU law and the nuclear liability legislation: Possibilities, limits and mutual interaction (2014) 3 Societas et iurisprudentia , p. 97. 7 See HANDRLICA, J. The unbearable lightness of nuclear jurisprudence (2021) 39 Journal of Energy and Natural Resources Law , p. 380. 8 On the development of international conventions governing nuclear liability in the post-Fukushima period see e.g., HANDRLICA, J. Mirage of Universalism in International Nuclear Liability Law: A Critical Assessment 10 Years after Fukushima (2021) 30 Review of European, Comparative and International Environmental Law , pp. 375–386.

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