The Legal Aspects of Nuclear Energy in Space Activities

Abstract

Nuclear power generation on board spacecraft (electricity and heat production) is repeatedly brought to the fore by the American Artemis program and the Russian-Chinese International Lunar Research Station program, thus making the legal provisions of international treaties governing such activities increasingly important. There is also an opportunity to consider nuclear and space law treaties as successive treaties on the same subject matter and to examine the relationship between the agreements. The various actual and hypothetical cases highlighted by the author show that the relationship between the treaties of the two branches of law is well-regulated, but the contractual content of the regulatory areas, such as liability for damage, transportation, assistance, notification, and planetary protection, is incomplete. The solution and the answers to the questions that have arisen do not lie in jurisprudence, but in humanity's knowledge of the universe, the behavior of technologically advanced states, and their contractual will, which goes beyond the scope of this study. Thus, the author can only present the tip of the iceberg, while the part below the waterline will be revealed by the international community in the not too distant future.