CYIL vol. 14 (2023)

CYIL 14 (2023) THE VIENNA CONVENTION ON CIVIL LIABILITY FOR NUCLEAR DAMAGE … the need to extend the operator’s liability in time to match the peculiarities of radiation effects, which may become apparent after many years, also became subject of discussions. Consequently, a Standing Committee was established to tackle these issues. Between 1990 and 1997, the Standing Committee held 17 sessions, which culminated in the proposal of a draft Protocol to Amend the Vienna Convention. This Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage was later adopted on 12 September, 1997 by a Diplomatic Conference held in Vienna. The instrument was open to all states, irrespective of whether or not they were already Contracting Parties to the Vienna Convention. 74,75 This openness reconfirmed the universalist ambition of the “Viennese” regime to attract as many countries worldwide as possible. Having said this, it must be stressed that the Revised Vienna Convention has indeed attracted several countries that were previously not participants in the regime of the Vienna Convention. 76 This was, in particular, the case of the United Arab Emirates, which accessed to the Revised Vienna Convention during the commencement of its first nuclear power plant to legitimise their newly launched nuclear programme. 77 It should also be stressed that the provisions of the Revised Vienna Convention did not alter the basic liability principles of the Vienna Convention, as outlined above. By the Protocol, the Vienna Convention was amended into the instrument, which is now referred to as the Revised Vienna Convention. The Revised Vienna Convention creates a new, strengthened liability framework in those states which ratified this instrument. 78 This strengthening of the liability framework includes increasing liability amounts, an enlarged catalogue of damages to be covered and further specification of the geographical scope of the application. Since its entry into force on 4 October, 2003, the Revised Vienna Convention co-exists with the original Vienna Convention, being in force in parallel to the Revised Vienna Convention. 79 While it is expected that the states participating in the regime of the Vienna Convention will join the regime of the Revised Vienna Convention in the future, one must expect a co existence of both regimes for a certain period. Therefore, the mutual relations between the regime of the Vienna Convention and the regime of the Revised Vienna Convention were guaranteed by the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 80 This grandfathering provision reads as follows: 1. A State which is a Party to this Protocol but not a Party to the 1963 Vienna Convention shall be bound by the provisions of that Convention as amended by this Protocol in relation to other States Parties hereto, and failing an expression of 74 The Protocol to Amend the Vienna Convention, art. 20. 75 Since the Revised Vienna Convention has entered into force, new states can only accede to this instrument of international law. Accession to the Vienna Convention is not possible anymore. 76 See BELLAMY, J. Civil liability for nuclear damage in countries developing nuclear new build programmes (2019) 12 Journal of World Energy Law & Business, at pp. 108–120. 77 See JADALHAQ, I., M., ALQODSI, E., M. Tort law makes a quantum leap: a review of the civil liability regime for nuclear operators in UAE law (2021) 13 Journal of Property, Planning and Environmental Law, at pp. 17–30. Also see AL SHAMSI, A. ‘The Peaceful Nuclear Energy Programme in the United Arab Emirates: Background and History’ (2018) 100 Nuclear Law Bulletin , at pp. 73–76. 78 Argentina, Belarus, Benin, Bosnia and Hercegovina, Ghana, Jordan, Kazakhstan, Latvia, Montenegro, Morocco, Niger, Poland, Romania, Saudi Arabia and the United Arab Emirates.

79 The Protocol to Amend the Vienna Convention, art. 21.1. 80 The Protocol to Amend the Vienna Convention, art. 19.

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