Keywords: nuclear liability harmonisation, European Exceptionalism, Euratom, treaty-making powers, mixed agreements, nuclear liability directive, third party liability, international agreements, nuclear agreements
'European Exceptionalism' and nuclear third party liability
In Europe, we are currently facing a labyrinth of international treaties that create a number of different regimes in nuclear liability. The problem can also be seen as part of a more complex process, which has been described as 'European Exceptionalism' in the literature. This paper deals with the problem from two points of view. First, it will deal with the question of whether the accession of Euratom to a liability convention will be a viable option and what kind of implications such a step will have. Second the issue will be dealt concerning a potential nuclear liability directive, as well as its implications upon commitments to these nuclear liability treaties. At the end, the most sensitive part of questions will be addressed: implications of potential conflict between commitments arising from such a directive and from the existing international agreements.