CYIL 2014

122

JAKUB HANDRLICA

CYIL 5 ȍ2014Ȏ

plavidla byla fixována na anachronický limit 1 500 milionů zlatých franků. Nejnověj-

ší plány některých významných „jaderných“ států (zejména Ruské federace) ve věci

komerčního využití jaderných plavidel opět otevírají otázky úpravy odpovědnosti,

pojištění a kompenzace.

Key words:

The Convention on the Liability of Operators of Nuclear Ships of 1962;

liability of nuclear ship operators; nuclear marine propulsion; nuclear new build.

On the Author:

The author graduated with a degree in Law in Prague and in

International Nuclear Law at the International School of Nuclear Law at the University

of Montpellier 1. Currently, he is teaching Administrative Law at the Faculty of Law,

Charles University, in Prague. He is a member of the International Nuclear Law

Association and of its Working Group on Nuclear Liability and Insurance. Further,

he is member of the Editorial Board of the International Journal of Nuclear Law and

correspondent to the OECD Nuclear Law Bulletin.

Introduction

According to the most current statements made by at least one important

stakeholder in the field of nuclear marine propulsion, the Russian State Atomic Energy

Corporation, the nuclear fleet

operated by this corporation is planned to be further

enhanced in 2016 by new-generation nuclear vessels that will be capable of running

in both deep rivers and on sea. These new vessels are intended to become the core

of the future Russian nuclear fleet. Having these developments in mind, we must

currently face the question of which nuclear liability regime will be most appropriate

in the event the number of nuclear powered vessels is increased in the near future.

Confronting this challenge, we should bear in mind that the industry has already

coped with this perspective during the 1950s.

Neither the Paris Convention on Third Party Liability in the Field of Nuclear

Energy of 1960 (hereinafter

“the Paris Convention”

), nor the Vienna Convention on

Civil Liability for Nuclear Damage of 1963 (hereinafter

“the Vienna Convention”

)

are applicable to matters of damages incurred by use of nuclear energy for transport.

Consequently, regulation of nuclear liability matters as concerns those risks which arise

has been reserved to a special international treaty by the community of contracting

states to both major nuclear liability conventions.

Adopting the text of the Brussels Convention on the Liability of Operators of

Nuclear Ships in 1962 (hereinafter

“the Convention”

) resulted from long-lasting efforts

to create a multilateral framework of uniform rules for nuclear liability concerning risks

arising from operating nuclear powered vessels. For various reasons, the Convention

has not come into force until now. Additionally, the two major nuclear powered vessel

operators, the United States and the Soviet Union, failed to adopt the Convention.

Beemelmans, H., Internationalprivatrechtliche Fragen der Haftung f

ür

Reaktorschiffe,

Rabels Zeitschrift

für ausländisches und internationales Privatrecht,

1977, at pg. 2.