16
never entered into force and, consequently, nuclear powered vessels remain to be
excluded from the scope of international liability instruments until today.
28
With regard to the application of the Vienna Convention on nuclear reactors
with which means of sea transport are equipped, the project of a
floating nuclear
power plant
must be mentioned.
29
A floating nuclear power plant is a non-self-
propelled vessel, carrying two naval propulsion reactors, together providing up
to 70 MW of electricity or 300 MW of heat, enough for a city with a population
of 200,000 people. It could also be modified as a desalination plant producing
240,000 cubic meters of fresh water a day. Basically, the floating nuclear power
plants are planned to be used mainly in the Russian Arctic.
30
According to
information published by the Rosatom State Atomic Energy Corporation, several
States have shown interest in hiring such a device.
31
However, the Convention
does not apply to these technologies.
32
Therefore, the liability framework of the
Vienna Convention will not cover liability cases, arising from use of these nuclear
technologies. Consequently, a need for special bilateral liability agreements will
arise in the case, floating nuclear power plants will be hired by other countries and
used in theirs national waters.
33
Due to the fact, the fathers of the Vienna Convention restricted its applicability
solely on those installations “containing nuclear fuel in such an arrangement that
28
A proposal to include the nuclear reactors generating power for vessels and airplanes was made
during the negotiation of the Amended Vienna Convention. But while several delegations
supported the proposal, a number of other delegations objected to it. In particular, they noted, that
there were no civilian nuclear powered vessels, with the exception of a few nuclear ice-breakers. In
view of the difference in opinion, it was decided not to include these nuclear technologies under the
scope of the Amended Convention.
29
The project of the Russian floating nuclear power stations started in early 2000s. In 2000, the
Rosatom State Atomic Energy Corporation chose Severodvinsk in Arkhangelsk Region as the place
for building the first floating power generating station. Construction of the first floating nuclear
power station, “Akademik Lomonosov”, started on 15 April 2007 at the Sevmash Submarine-
Building Plant in Severodvinsk. However, in August 2008 construction works were transferred
to the Baltic Shipyard in Saint Petersburg, which is also responsible for the construction of the
next vessels. “Akademik Lomonosov” was launched on 1 July 2010 at a cost of 6 billion rubles
(232 million US $).
30
Five of these will be used by Gazprom for offshore oil and gas field development and for operations
on the Kola and Yamal peninsulas.
31
Including China, Indonesia, Malaysia, Algeria, Namibia, Cape Verde and Argentina.
32
The Convention does not apply to any reactor “with which a means of sea … transport is equipped
for use as a source of power, whether for propulsion thereof
or for any other purpose
” (emphasis
added).
33
See TSCHERNING, R. Transportable Nuclear Power Plants – An Update on Regulatory Responses
in International Nuclear Law, In RAETZKE, Ch. ed.
Nuclear Law in the EU and Beyond
, Baden-
Baden : Nomos Verlag, 2014, p. 198.