CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ

EURATOM AND THE USE OF NUCLEAR ENERGY TO POWER LUNAR BASIS

3. Safety The establishment of a robust safety framework must accompany any future involvement of Euratom in lunar exploration. The Principles Relevant to the Use of Nuclear Power Sources in Outer Space provide specific basic safety rules for the operation of nuclear reactors in space. 52 The Principles were later elaborated by the Safety Framework for Nuclear Power Source Applications in Outer Space, jointly published by the UN Committee on the Peaceful Uses of Outer Space Scientific and Technical Subcommittee and the IAEA. 53 Under the auspices of the ESA, a safety policy on the use of nuclear power sources 54 was adopted quite recently. Any prospective nuclear use to power a lunar base will be, in principle, governed by both these documents. However, both the Principles and the Safety Framework were primarily drafted to address nuclear reactors, which serve as means of transport in space. Thus, neither of these documents explicitly addresses the potential operation of a small modular reactor as part of a lunar project. In the case of any future lunar nuclear projects, an appropriate safety framework must fill this gap. The Euratom Treaty (Chapter 3) may also contribute to European space aspirations by establishing a robust safety framework. Having said this, one must bear in mind that any future nuclear safety framework applicable to a lunar basis will need to reflect the peculiarities and distinctive nature of space nuclear technologies. Consequently, these safety regulations can not represent a mere duplication of the existing safety standards as applicable to terrestrial technologies. The future safety framework for space technologies can not define a mere extension of the already existing safety rules. On the contrary, any nuclear safety rules, as applicable to space nuclear technologies, will be a unique endeavour – both in terms of technology and in terms of law. 4. Compensation for damages The international regime for liability and compensation with respect to space activities has been established under the Convention on International Liability for Damage Caused by Space Objects. 55 With regard to this international regime, the Principles Relevant to the Use of Nuclear Power Sources in Outer Space provide that: Each state that launches or procures the launching of a space object and each state from whose territory or facility a space object is launched shall be internationally liable for damage caused by such space objects or their parts. This fully applies to the case of such a space object carrying a nuclear power source on board. Whenever two or more states jointly launch such a space object, they shall be jointly and severally liable for any damage caused (…). 56 52 See Resolution 47/68, adopted by the General Assembly of the UN, Principle 3.2. 53 See ‘Safety Framework for Nuclear Power Source Applications in Outer Space’ (UN/IAEA 2009). 54 See ‘Implementation of the guidelines provided for in the international safety framework for nuclear power source applications in outer space for ESA space missions — The ESA safety policy on the use of nuclear power sources’ (8 February 2019, Committee on the Peaceful Uses of Outer Space). 55 Convention on International Liability for Damage Caused by Space Objects (adopted 29 March 1972, entered into force 1 September 1972) 961 UNTS 187. 56 See Resolution 47/68, adopted by the General Assembly of the UN, Principle 9.1.

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