CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ MARINE MIGHT: EXPLORING THE LEGAL COMPLEXITIES SURROUNDING … Mills case, the court recognized the obligation to conduct environmental impact assessments under general international law when industrial activity could have a significant adverse transboundary impact. 5. Solutions and recommendations Resolving the legal complexities surrounding the deployment of FNPPs in West Africa would require a multifaceted approach. Firstly, there would be a need to adopt a flexible interpretation of existing legal frameworks to accommodate FNPP deployment. Some of the conventions governing nuclear facilities recognize technological evolution and allow for expansive interpretations. Also, reconciling and potentially codifying regulations that may apply to FNPPs are essential, as existing treaties are often conflicting with each other. Given the intersection of nuclear and maritime laws, collaboration between the International Atomic Energy Agency and the International Maritime Organization (IMO) is crucial to developing coherent regulations for FNPPs, addressing legal conflicts, and clarifying applicable laws. 69 An alternative approach involves a comprehensive overhaul of the current international framework, establishing a distinct category specifically tailored to FNPPs. This approach ensures the regulatory landscape addresses the unique challenges of FNPPs, allowing for targeted regulations on operation, safety, and environmental impact. To develop this framework, the IMO, IAEA, and other relevant bodies must collaborate closely with stakeholders, including countries involved in FNPP development. Countries intending to explore FNPP technology should also set up domestic legislation that can accommodate FNPPs. These legislative measures would establish explicit guidelines for safety standards, security measures, and operational safeguards. 70 Aside from that, there should be an establishment of cooperation between all states, governmental and non-governmental organizations for the attainment of nuclear objectives, and a regional regulatory framework to administer the region. In this case, the African Commission on Nuclear Energy has a vital role to play. Another approach involves establishing specialized bilateral, multilateral, or regional agreements addressing safety, safeguards, security, and other FNPP-related aspects. Given the international nature of FNPP deployment, nuclear technology will traverse the international waters of multiple states, raising politically sensitive issues like sea lane passage, port access, and sovereignty disputes. Effective collaborative mechanisms through treaties can mitigate these issues. 71 6. Conclusion FNPP provides solutions to the electricity shortages in West Africa, including many associated problems with conventional nuclear power plants. However, the deployment of FNPPs in the region creates a myriad of legal issues that border on safety, safeguards, and security. Due to the absence of a treaty that applies explicitly to FNPPs, there is confusion 69 ARCHIBONG, E. ‘ The Legal Implications of the Deployment of Transportable Nuclear Power Plants (TNPP) in the Face of Threatening Climate Change ’ (Dissertation submitted as a culmination for the Award of Master of Laws (LL.M) in International Energy Law, Nottingham Law School, Nottingham Trent University, October 2023). 70 Ibid. 71 HANDRLICA, J. ‘Transportable nuclear power plants: An enigma of international nuclear liability law’ (2019) 12 J World Energy Law Bus 465–479.

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