CYIL 2014

128

JAKUB HANDRLICA

CYIL 5 ȍ2014Ȏ

2. The Brussels Convention on Liability for Operators of Nuclear Ships:

key elements

The relevant provisions of the NS Convention were treated quite extensively by

contemporary authors of the time and the instrument was discussed at international

forums.

These sources remain, until now, the best reference to content and connotations

of treaty provisions, as the Convention ceased to be an object of interest in the 1970s

and 1980s, mainly because of reasons outlined below. Therefore, the aim of the

following paragraphs is to briefly point out the content of the main provisions, issues

of the Convention and their liability implication for nuclear-powered vessels.

The scope of application of the Convention

In comparison to earlier international treaties adopted at the previous Sessions

of the Diplomatic Conference on Maritime Law, the Convention was, at the time

of its adoption, considered to be remarkable.

This was first because it far surpassed

the area of private law and, second, because it involved both seafaring nations and

countries that had no prospect of operating important nuclear-powered fleets in the

near future.

Further, the Convention did not intend to cover conventional ships merely

transporting

nuclear material. That remained covered by the Paris Convention and by

the Vienna Convention, except to the extent that these treaties relied upon any prior

“international agreement in the field of transport.”

The restriction on the matters of civil liability

inter alia

implicates that the

Convention basically does not deal with the issues of nuclear safety, relying in

this matter on specialized nuclear safety treaties.

However, even the Convention

contains two requirements that might be considered as being of a safety nature:

– Article XV (1) stipulates, that

“Each Contracting State undertakes to take all measures

necessary to prevent a nuclear ship, flying its flag, from being operated without a license or

authority granted by it.”

– Article XV (4) stipulates, that

“Each Contracting State undertakes not to grant a license

or other authority to operate a nuclear ship flying the flag of another State.”

Furthermore, the Convention did not attempt to deal with perhaps the most

difficult problem of the whole complex of issues related to the use of nuclear energy

for the means of marine propulsion; the passage of nuclear-powered ships through

inland waters and their entry into ports. According to the Article XVII,

“nothing in this

Convention shall affect any right which a Contracting State may have under international

Op. cit.

sub note 7, at p. 304.

Op. cit.

sub note 10, at p. 778.

The Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material was

adopted in 1971. The purpose of the treaty was to ensure that the operator of a nuclear installation and

not the owner of a vessel will be exclusively liable for damage caused by a nuclear incident occurring in

the course of maritime carriage of nuclear material. The Convention came into force in 1975.

Berman, W., Hydeman, L

International Control of the Safety of Nuclear-Powered Merchant Ships,

Michigan Law Review,

1960, at pp. 233

et seq.