CYIL Vol. 6, 2015

JAKUB HANDRLICA CYIL 6 ȍ2015Ȏ Further, the Convention defines the term “nuclear installation” as “any nuclear reactor other than one with which a means of sea or air transport is equipped for use as a source of power, whether for propulsion thereof or for any other purpose; any factory using nuclear fuel 13 for the production of nuclear material, 14 or any factory for the processing of nuclear material, including any factory for the re-processing of irradiated nuclear fuel; and any facility where nuclear material is stored, other than storage incidental to the carriage of such material.” Consequently, one of the key issues of nuclear liability is to identify those facilities covered by the special régime created by the Convention. It is a matter of fact that, since the adoption of the Convention, this issue has been the subject of various academic discussions. 15 Unlike the Paris Convention on Nuclear Third Party Liability of 1960 (hereinafter “the Paris Convention”), 16 the Vienna Convention does not envisage the inclusion of other nuclear installations by a decision taken by a competent international body. 17 The absence of a provision to this effect may be seen as precluding the possibility of taking into account recent or future developments and covering additional types of installations which may involve risks of a considerable magnitude, such as radioactive waste disposal facilities, installations in the process of being decommissioned or other types of nuclear installations. facilities at the site. Similarly, damages arising from a fire in one of the administrative buildings at the site are not to be considered as “nuclear damage” pursuant to the Convention. However, if such a fire “arises out of or results from radioactive properties”, damages occurred are to be considered as “nuclear” in the sense of the Convention. 13 “Nuclear fuel” means any material which is capable of producing energy by a self-sustaining chain process of nuclear fission (Art. I, Par. 1 letter /f/). 14 “Nuclear material” means nuclear fuel, other than natural uranium and depleted uranium, capable of producing energy by a self-sustaining chain process of nuclear fission outside a nuclear reactor, either alone or in combination with some other material; and radioactive products or waste (Art. I, Par. 1 letter /h/). 15 See WOLFF, K. The Vienna International Convention on Civil Liability for Nuclear Damage, In WEINSTEIN, J. (ed.): Nuclear liability, progress in nuclear energy , Series X, Vol. 4, Oxford: Pergamon Press, 1966, pp. 1-22. 16 The Paris Convention on Nuclear Third Party Liability of 1960 was adopted under the auspices of the OECD Nuclear Energy Agency and covers most Western European countries (Belgium, Denmark, Finland, France, Germany, Greece, Italy, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom). 17 The Paris Convention provides in its Art. 1, Par. a/, letter ii/, that “nuclear installations” means “reactors other than those comprised in any means of transport; factories for the manufacture or processing of nuclear substances; factories for the separation of isotopes of nuclear fuel; factories for the reprocessing of irradiated nuclear fuel; facilities for the storage of nuclear substances other than storage incidental to the carriage of such substances; and such other installations in which there are nuclear fuel or radioactive products or waste as the Steering Committee for Nuclear Energy of the Organisation (hereinafter referred to as the “Steering Committee”) shall from time to time determine; any Contracting Party may determine that two or more nuclear installations of one operator which are located on the same site shall, together with any other premises on that site where radioactive material is held, be treated as a single nuclear installation.”

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