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THE BRUSSELS CONVENTION ON THE LIABILITY OF OPERATORS OF NUCLEAR SHIPS
Currently, the probability of a change of the status quo concerning this Convention
is very low.
However, even a deadlock can serve as a useful lesson for further development of
nuclear liability legislation, as the quantity of nuclear powered vessels will be increased
by operators, concerned over international recognition of their activities. Facing
these challenges, the continued deadlock highlights the expectations over the use
of nuclear power in the early 1960s and the reasons why those efforts failed. Major
problematic points of the proposed universal framework will be identified, as well as
possible future solutions.
1. Nuclear marine propulsion: big expectations
and first regulative attempts
Identifying nuclear energy as a promising means of marine propulsion
The design, development and production of nuclear marine propulsion plants
began in the United States in the 1940s, with the first test reactor started in 1953.
The first nuclear-powered military submarine, “USS
Nautilus
”, was put to sea in 1955
and remained in operation until 1980.
Construction of the “
USS Nautilus
(SSN-571)” started in 1952, its first operation
was in 1954, and it reached full power operation in 1955. It set speed, distance and
submergence records for submarine operation that were not possible for conventional
submarines. The “USS
Nautilus
” was not only the first ship to reach the North Pole,
but also an example of the advantages of nuclear-powered propulsion for submarines:
The ability to travel long distances undetected, at high speed and underwater, avoiding
surface wave resistance and without refueling. Unlike diesel engine driven submarines,
nuclear-powered submarines need no oxygen to produce their energy. The “
USS
Nautilus
” beat numerous records, establishing nuclear propulsion as the ideal driving
force for the world’s submarine fleet. Among its records was the world’s first underwater
crossing of the Arctic ice cap. However, the “USS
Nautilus
” was still considered more
an experimental vessel. The US fleet of nuclear-powered submarines increased very
quickly and, during the very late 1950s, approximately 12 nuclear powered submarines
were launched.
Furthermore, there were considerable developments in the area of nuclear-powered
civil vessels: The Soviet Union very soon launched the world’s first nuclear powered
surface ship and, at the same time, the world’s first nuclear powered civilian vessel, the
nuclear icebreaker “
NS Lenin
”, intended to aid shipping in the frozen Arctic areas. The
“NS Lenin”
was launched in 1957 and remained in service until 1990.
Two years following the
“NS Lenin”
, the first US-produced nuclear-powered
cargo-passenger ship, “
NS Savannah
”, was launched. However, the “NS Savannah”
was one of only four nuclear-powered merchant ships ever existing.