In Search of a Civil Nuclear Liability Regime for North Korea

What civil nuclear liability regime would apply to North Korea should any nuclear reactors be in its future? To answer this question, this article first describes and assesses current conventions governing civil nuclear liability, provides a few examples of domestic legislation in countries that have not signed these conventions, and discusses what will happen if no adequate civil nuclear liability framework is in place for a country, using the example of Chernobyl. The role of codified general principles and customary international law in relation to state liability are discussed. North Korea’s case is then considered, focusing primarily on the KEDO scenario. The argument here is that not only should North Korea enact domestic legislation reflecting international principles of civil nuclear liability, but that the international community, primarily KEDO and its member governments, needs to aid North Korea with a creative financial guarantee mechanism to ensure the implementation of its nuclear-liability legislation.