Murky Waters: Controlling the Ocean Transit of Floating Nuclear Power Plants

Abstract

Abstract States are increasingly turning to novel solutions to achieve their energy goals. In response, floating nuclear power plants (FNPPs) have emerged as a potential solution to meet the energy demands of remote and coastal areas. “Build Own Operate” programs have thus been proposed as turnkey commercial endeavors in which supplier States rent FNPP power generation to foreign host States. Given the inherent risks that FNPPs pose, a Build Own Operate plant travelling from supplier nation to host nation jeopardizes the marine environment of innocent coastal States. These transit States currently exist in international law limbo, where the lack of a coherent FNPP definition and limited control over their territorial sea and exclusive economic zone (EEZ) render them powerless in the face of potential environmental disasters. This article proposes enhanced international law protections for the transit States that might see FNPPs travelling through their waters in the coming years. In examining challenges to transit States, the article accomplishes two objectives. First, an international law definition for FNPPs is established. Second, it is proposed that FNPPs should be barred from non-consensual travel through the territorial sea of transit States, and that major restrictions should be placed on their movement through the EEZ.