Marc Fialkoff, Floating Nuclear Power Plants, Non-proliferation Norms, and the Law of the Sea

Floating Nuclear Power Plants (FNPPs) pose novel questions under existing international maritime and nuclear law regimes, as the international community has yet to agree on fundamental issues, such as what constitutes an FNPP. Whether categorized as a facility, a vessel, or a combination of both, such classification has a significant impact on nuclear security, nuclear nonproliferation, and the law of the sea. Their appeal for deployment in remote areas and support activities, such as offshore oil extraction, raises serious questions about the application of international ocean laws and nuclear nonproliferation norms. Utilizing floating nuclear power plants in areas such as the Exclusive Economic Zone and beyond presents challenges to adhering to the United Nations Convention on the Law of the Sea and nuclear laws, including the Convention on the Physical Protection of Nuclear Materials and its Amendments. What rights does the coastal state have, and what rights does the possible flag state of the FNPP possess if it is categorized as a vessel? Additionally, how would they respond in the event of a nuclear security incident? These questions underscore the connection between maritime and nuclear law and the uncertainty surrounding maritime accidents.