19 / 30
17
a self-sustaining chain process of
nuclear fission
can occur therein without an
additional source of neutrons” (emphasis added), the liability regime of the
Convention will be not applicable on any installations using the processes of
nuclear fusion
.
34
Consequently, in the case of future positive developments on
this field, liability issues in this regard must be regulated by either multilateral or
bilateral legal instruments.
35
At last, but not at least, there are nuclear reactors operated for the
defence
purposes
. In this respect, the Preamble of the Vienna Convention States, that one
of reasons for concluding the Convention was “the desirability of establishing some
minimum standards to provide financial protection against damage resulting from
certain peaceful uses of nuclear energy
”
36
(emphasis added). However, it is no further
indication in the Convention
37
as to whether or not it also applies to military
facilities,
38
nor was the question discussed during the diplomatic conference which
adopted the Convention.
39
However, the Amended Vienna Convention clarifies
the situation with respect to these installations stating, that this Convention does
not apply to any installations operated for non-peaceful purposes.
40
34
See IOIRYSH, A. I., SUPATAEVA, O. A., CHOPORNIAK, A. B.
Otvetstvennosti za iadernyi
ushcherb
, Moskva
:
Nauka, 1993, pp. 126-127.
35
It may be interesting to mention, that during the drafting of the Amended Vienna Convention, the
issue of potential radiological risks that might be posed by fusion reactors was discussed. However,
at the end, the delegations decided that it was “premature to consider coverage of future fusion
installations by the third party liability regime.” IAEA, ed.
The 1997 Vienna Convention on Civil
Liability for Nuclear Damage and the 1997 Convention on Supplementary Compensation for Nuclear
Damage – Explanatory Texts
, Vienna : IAEA, 2007, p. 26.
36
Also the Paris Convention restricts its applicability of fission reactors, when defining (in the
Article 1 par. a) letter iii)) the “nuclear fuel” as “
fissionable material
(emphasis added) in the form of
uranium metal, alloy, or chemical compound (including natural uranium), plutonium metal, alloy,
or chemical compound, and such other fissionable material as the Steering Committee shall from
time to time determine.”
37
In this respect, the situation is very similar to the framework established by the Paris Convention.
The Preamble of this Convention States, that one of the reasons of its concluding was “ensuring
adequate and equitable compensation for persons who suffer damage caused by nuclear incidents
whilst taking the necessary steps to ensure that the development of the production and uses of
nuclear energy for peaceful purposes is not thereby hindered.”
38
See WOLFF, K. The Vienna International Convention on Civil Liability for Nuclear Damage,
In WEINSTEN, J. ed.
Nuclear Liability, Progress in Nuclear Energy
, Series X, Vol. 4, Oxford :
Pergamon Press, 1966, p. 18.
39
See IAEA, ed.
The 1997 Vienna Convention on Civil Liability for Nuclear Damage and the 1997
Convention on Supplementary Compensation for Nuclear Damage – Explanatory Texts
, Vienna : IAEA,
2007, p. 27.
40
Article I B.