CYIL vol. 15 (2024)

JAKUB HANDRLICA are not speaking about new legislation exclusively. The participation of Euratom may also include research programs, joint undertakings, and the dissemination of information. At the same time, several convincing arguments can be found in favour of Euratom’s involvement in prospective lunar endeavours. They are, in particular, the following: a) Facilitating lunar exploration by integration The Euratom Treaty clearly states in its Preamble that only a joint effort undertaken without delay can offer the prospect of achievements commensurate with the creative capacities of their countries’ 37 The fact is that this proclamation reflects the stance of the Signatories to the Treaty in the late 1950s. In this respect, the Euratom Treaty has provided for support of nuclear activities by a set of tools, such as the promotion of research (Chapter 1), dissemination of information (Chapter 2), coordination of investments (Chapter 4), joint undertakings (Chapter 5), and by promoting a common nuclear market (Chapter 9). The fact is that under Euratom, it is more likely to accumulate the necessary finances, scientific, and technological know-how and personal capacities necessary for the deployment of nuclear projects. 38 This has been true for conventional nuclear projects so far. However, that statement is undeniably applicable also vis-á-vis a potential deployment of the lunar nuclear programme. Having said this, one must bear in mind that the other international organisations active in this field – in particular, the ESA – do not possess any similar tools. Thus, the capacity of The fact is that any deployment of advanced nuclear technologies must be accompanied by the establishment of a robust safety framework, which will guarantee protection against any harm to the public and environment. 39 Any use of nuclear energy as a part of the prospective lunar project will require compliance with robust nuclear safety rules. Not only will these rules guarantee a high degree of safety against any harm, but they will also be necessary to achieve a broad acceptance of this nuclear endeavour by the European public. In this respect, one must remember that the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, provides that a State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object and any personnel thereof while in outer space or on a celestial body. Consequently, establishing nuclear safety standards applicable to nuclear technologies in space will be the primary responsibility of the launching State. Having said this, however, one cannot ignore that in the last decades, Euratom has expanded its competence also to the nuclear safety of terrestrial nuclear installations. Thus, one may expect that any future deployment of nuclear installations on a lunar basis will naturally trigger the question of economic regulatory involvement. Euratom to facilitate future lunar exploration is undeniable. b) Public acceptance through high safety standards

37 See Euratom Treaty, Preamble. 38 See ENGSTEDT, R. Handbook on European nuclear law (Kluwer International 2020), at pp. 124–125. 39 See PELZER, N. ‘Nuclear New Build: New Nuclear Law?’ (2010) NLB 5.

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