CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ EURATOM AND THE USE OF NUCLEAR ENERGY TO POWER LUNAR BASIS consultation of the EU Space Act, scholars have also addressed the challenges arising from space activities from the standpoint of the EU. 18 The fact is, however, that neither of the published pieces have addressed the potential role of Euratom in the New Space Era. One can understand this gap very easily: Most lawyers are not acquainted with the latest technical trends in space research. At the same time, for those lawyers who have been focusing on space law, Euratom represents an entity that is too distinctive and far away to deal with. 19 T his Article aims to reflect this gap in legal scholarship by addressing the potential role of Euratom in lunar nuclear endeavours. When analysing the potential role of Euratom in the deployment of a prospective lunar base, this Article will first address arguments for and against any involvement of Euratom in lunar endeavours. Then, the Article will address potential tools that Euratom may use to support research and technological cooperation regarding a lunar reactor. Secondly, the possible role of Euratom in facilitating the safety of nuclear installations operated beyond Earth will be discussed. Lastly, the potential framework for compensation for nuclear damages under the umbrella of Euratom will be addressed. 1. Introduction Euratom is currently paying comprehensive attention to supporting the development of advanced nuclear technologies in Europe. The recently published Declaration on EU SMR 2030 (Declaration), 20 which was signed by the European Commission together with major stakeholders in the nuclear field, 21 declares that: [f]or those Member States that choose to include nuclear in their energy mix, we see the deployment of SMRs as complementing existing assets. It is also an opportunity to improve nuclear safety further (through SMRs’ inherent safety features) and increase the stability of the grid, complementing the higher penetration of renewables. SMRs could further guarantee baseload electricity production and meet demand from the grid to better make up for the intermittency of renewables. The EU SMR MARCHISIO, S. The Law of Outer Space Activities (Edizioni Nuova Cultura 2022), VON DER Dunk, F. Advanced Introduction to Space Law (Edward Elgar 2020) etc. 18 See SANDULLI, A. ‘The Growth of Space Regulation in Europe’ (2023) 165 EU Live Weekend Edition 3, LARIK, J. ‘EU law and the governance of Global Spaces: ambitions, constraints and legal creativity’ (2023) 45 Journal of European Integration 1124. Also see JACOBS, B. ‘An Institutional Law Analysis of the European Commission’s EU Space law proposal’ (2024) 49 Air & Space L. 135. 19 See SUMMERER, L. and DE WINNE, F. ‘Considerations of Safety and European Options Regarding Nuclear Power Sources for Space’ in LACOSTE, H. and OUWEHAND, L. (eds), Proceedings of the First IAASS Conference Space Safety, a New Beginning, held 25-27 October 2005 in Nice, France (European Space Agency 2005). Here, the authors summarised the results of the European Working Group on Nuclear Power Sources for Space, which do not mention any prospective role of Euratom in this field at all. In this respect, also see MADDERS, K. J. and THIEBAUT, W. M. ‘Two Europes in One Space: The Evolution of Relations between the European Space Agency and the European Community in Space Affaires’ (1992) 20 J. Space L. 117. 20 ‘Declaration on EU SMR 2030. The role of Research, Innovation, Education and Training in the safety of Small Modular Reactors (SMRs) in the European Union’, signed in Brussels on 4 April 2023. 21 European Association of Nuclear Industry, Sustainable Nuclear Energy Technology Platform, European Nuclear Society and European Nuclear Education Network. II. EURATOM AS A TOOL FOR LUNAR EXPLORATION?

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