CYIL vol. 15 (2024)

EZEKIEL ARCHIBONG international deployment of FNPPs is novel and presents several legal issues for West African countries, including safety, security, and safeguards. The African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) is the dominant regional treaty on nuclear activities in Africa. 7 However, the Treaty has limited scope, stipulating that the regulations formulated by the IAEA should take precedence. 8 The Convention on Nuclear Safety (CNS) is the primary regulation that provides for nuclear safety. However, the Convention applies only to “land based” nuclear reactors, casting doubts on its application to FNPPs. The security of FNPPs poses more difficulty as the transportation of nuclear reactors from one country to another is novel. This raises questions on who may bear liability while an FNPP is in transit or upon arrival – the supplier state, host state, or both? 9 There is also ambiguity surrounding the legal classification of FNPPs. 10 The technical deviation of FNPPs from traditional nuclear reactors, such as the lack of self-propulsion and embedded fuel storage for fresh and spent fuel, has led some to rather rely on potential classifications, like an artificial island, installation, or structure, instead of a ship or vessel. 11 Against this backdrop, this paper aims to examine the legal complexities surrounding the deployment of FNPPs in West Africa in terms of safety, safeguards, and security. This paper is structured into six chapters. Chapter One delves into Africa’s often overlooked challenges and the necessity of expanding its energy share to meet its socio economic and sustainable development goals, contrasting this with the global trend towards an urgent transition to clean energy. The chapter further examines the potential of nuclear energy to bridge West Africa’s energy deficits and support infrastructural development. Chapter two provides insights into the concept of FNPPs, discussing their challenges and opportunities if deployed in West Africa. Chapter three discusses the safety, safeguards, and security aspects of nuclear energy in the West African context. Chapter four addresses the legal issues surrounding FNPPs, with a focus on safeguards, safety, and security. Chapter Five offers solutions and recommendations, while Chapter Six provides the conclusion. 1. Energy Transition vs Energy Progression: Africa’s Unique Journey The impacts of climate change are escalating, manifesting in severe weather patterns, rising sea levels, and biodiversity loss, with these changes posing an immediate threat to global ecosystems and human survival. Evidence consistently points to the emission of carbon and other greenhouse gases as primary drivers of the alterations. 12 According to the Intergovernmental Panel on Climate Change (IPCC), global temperatures have increased by 10 There are arguments that FNPPs can be classified as a “ship” or “vessel”. See STEDING, D. J. ‘Russian Floating Nuclear Reactors: Lacunae in Current International Environmental and Maritime Law and the Need for Proactive International Cooperation in the Development of Sustainable Energy Sources’ (2004) 13 Washington International Law Journal 3. 11 GALEA, F. ‘ Artificial Islands in the Law of the Sea ’ (Dissertation presented in partial fulfilment of the requirement for the Degree of Doctor of Laws, Faculty of Laws University of Malta, May 2009). 12 World Meteorological Organization, ‘Climate change indicators reached record levels in 2023: WMO’ (WMO, March 2024) accessed 5 June 2024. 7 African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) 1997. 8 Article 9; Annex II Pelindaba Treaty. 9 Resource Centre Network Ghana, “Ghana Inaugurates Radioactive Waste Storage Facility”.

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