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Hurdling toward the Pyramids of the Nuclear Age: A Study in Legal Futurism

Publication at Faculty of Law |
2019

Abstract

There is presently broad consensus among technical experts that the preferred method to ensure the long term safety of spent nuclear fuel is its disposal in an underground repository. Despite this fact, there are currently no underground repositories in operation in any State in the world.

However, several States are working intensively towards constructing their own underground repositories. In this respect, the question arises as to which degree are existing international conventions adopted in the field of peaceful uses of nuclear energy, applicable, vis-á-vis the underground repositories.

This article points out that underground repositories remain an enigma of existing international nuclear law. Several issues demonstrating this enigmatic character are presented, in particular with respect to the potential application of the Vienna Convention on Civil Liability for Nuclear Damages.

Regarding very current political declarations, attention will also be paid to the applicability of this convention to a prospective shared repository.