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JAKUB HANDRLICA

CYIL 5 ȍ2014Ȏ

vessels had been commissioned by the United States Navy, 27 nuclear submarines were

under construction and 13 had been approved by the Congress. Concerning nuclear

merchant ships, the nuclear ship “Savannah” was scheduled to begin operation very

soon and, indeed, the “NSS Savannah” made its first voyages at the time of the

closing meeting of the Conference.

Additionally, it was known that the Soviet Union had commissioned a number

of nuclear warships and the icebreaker “Lenin”, which was already in operation in

the Arctic Sea. A United Kingdom nuclear powered submarine was expected to be

operational by 1963. Plans for a European nuclear vessel were being studied under

the auspices of the European Nuclear Energy Agency of the OECD.

Furthermore,

at the time the Conference met in Brussels it was reported that construction of a nuclear

oceanographic ship was being considered by Japan. Nevertheless, the virtual certainty

that the number of nuclear-powered vessels would increase, under governmental or

international sponsorship,

“together with a hope that a spectacular scientific breakthrough

would yet be achieved, or fear that some national competitor may gain the lead”

resulted

in a relatively high level of interest in addressing legal challenges arising from nuclear-

powered marine propulsion.

However, at the end of the session, major disagreements had come to light, mainly

concerning provisions relating to jurisdiction and the establishment of a limitation

fund. Therefore, submitting all prepared documents to participating governments

for further refinement was recommended. In October 1962 a Standing Committee

met in Vienna and reached agreement on all articles that were left incomplete by the

Session held in Brussels. These were included in a Report, also containing a paragraph-

by-paragraph discussion of the most controversial articles, as well as the text of several

amendments submitted by participating governments.

The Resumed Conference

was re-opened in Brussels on 14 May 1962. The sole purpose of this Session was to

complete work on the international treaty regulating nuclear liability arising from the

operation of nuclear-powered vessels.

It is a matter of fact that the results of the final vote were already very unpromising.

The Convention was adopted by a relatively close vote of twenty eight in favor

from the fifty participants. Ten participating countries, including the only two states

operating nuclear-powered vessels at the time, the United States and the Soviet Union,

opposed the text of the Convention. The Scandinavian countries abstained, mainly on

the ground of high limits of liability. Eight of the fifty delegations were absent at the

time of the final vote. Subsequently, the NS Convention was opened for signature

by those states represented at the Brussels Diplomatic Conference on 25 May 1962.

Könz, P

The 1963 Brussels Convention on the Liability of Operators of Nuclear Ships,

American

Journal of International Law,

1960, at p. 101.

Op. cit.

sub note 10, at p. 778.

Op. cit.

sub note 4, at p. 550.

Op. cit.

sub note 11, at p. 153.