Transboundary nuclear liability in ASEAN: bridging the liability gap

ASEAN stands at a critical juncture in its energy policy. Facing surging electricity demand, population growth among its approximately 700 million inhabitants, and ambitious decarbonisation commitments, multiple member states have announced nuclear energy programmes.

Modern nuclear reactor designs incorporate safety features intended to reduce the likelihood and consequences of severe accidents. Some designs, including certain Gen III+ reactors and certain small modular reactors, use passive systems to reduce reliance on external power or operator intervention. These features require design- and site-specific assessment and do not eliminate accident risk; estimated accident frequencies are not observed accident rates.

A clear and comprehensive compensation framework to address nuclear accidents is essential for sound risk management and to support public confidence in nuclear development as a pathway to a cleaner energy future.

Against that backdrop, the absence of a transboundary nuclear liability framework within ASEAN is a significant regulatory gap. At present, only the Philippines is party to any international nuclear liability convention.

There is therefore no uniform treaty-based route to compensation across ASEAN; cross-border claims may nevertheless be covered, depending on the applicable convention and domestic law.

This article examines the existing international nuclear liability architecture, maps ASEAN’s current regulatory landscape and proposes a framework for regional engagement.

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