The mirage of universalism in international nuclear liability law: A critical assessment 10 years after Fukushima

Abstract

AbstractThe desire for a universal (global) regime for nuclear liability has, since the early beginnings of peaceful uses of nuclear energy, represented one of the pillars of international nuclear law. This desire reflects concerns over potential transboundary impacts of a nuclear accident, which can cause damage in regions located thousands of miles from the scene of the accident. A decade ago, such an accident occurred because of an earthquake and a subsequent tsunami at the nuclear power plant in Fukushima, Japan. This article aims to address the impact of the Fukushima accident on the development of international conventions governing nuclear liability. By analysing the developments in the post‐Fukushima period, this article questions whether these developments show evidence of a development towards such a universal regime or whether the emergence of several regional liability regimes represents a more probable option for the future.