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Chronicle of international repositories foretold: a survey in the future of nuclear liability law

Publication at Faculty of Law |
2020

Abstract

International repositories, which will be operated in underground geological structures and where spent nuclear fuel originating from several states will be disposed, have been discussed as an option to construction of national underground repositories for several decades. Such international repositories manifest several advantages as compared with exclusive national repositories.

Fact is, that despite obvious benefits, that may establishment of international repositories imply for smaller states, these installations will also represent a considerable source of risk, as dangerous substances will be deposited in them for hundreds of years. Consequently, prospective construction of international repositories in the future must be accompanied by existence of an effective regime of liability for damages, that may potentially occur.

This article aims to address the question, if the currently existing international framework is capable to cover risks arising from operation of prospective international repositories, or if a new legal framework is to be established in this regard.