The Convention on the Establishment of a Security Control in the Field of Nuclear Energy (hereafter the "Security Control Convention") and the Protocol on the Tribunal established by the Security Control Convention (hereafter the "Protocol on the Tribunal") were adopted on 20 December 1957. The Convention came into force on 22 July 1959 and the first judges were appointed on 1 January 1960.
The implementation of the security control system (designed to prevent the proliferation of nuclear weapons), which was the reason for which the Tribunal was originally established, has been suspended since the 1970s in order to avoid duplication with similar systems established by Euratom and the International Atomic Energy Agency. For the time being, the jurisdiction of the Tribunal has been limited to resolving differences concerning the interpretation or application of the above-mentioned Paris and Brussels Conventions.
Pursuant to the Paris (Article 17) and Brussels (Article 17) Conventions, any dispute arising between two or more Contracting Parties concerning the interpretation or application of either Convention shall be examined by the Steering Committee for Nuclear Energy and in the absence of a friendly settlement shall, upon the request of a Contracting Party concerned, be submitted to the Tribunal. The agreement of another Party is therefore not necessary to submit a claim.
Seven independent judges are appointed for a five-year term by the OECD Council on the basis of a system of rotation between States party to the Security Control Convention and to the Paris Convention. However, if the Tribunal does not include a judge of the same nationality as one of the parties in a case under consideration, the government concerned may designate a person to sit as an additional judge in that particular case.
Decisions are binding from the date upon which they are delivered. There have been no cases submitted to the Tribunal so far.
The judges appointed for the term of office commencing 1 January 2020 are:
The States party to the Security Control Convention are: Austria, Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
The States party to the Paris Convention are: Belgium, Denmark, Finland, France, Germany, Greece, Italy, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland*, Turkey and the United Kingdom.
The Registrar of the Tribunal is currently Ms Ximena VÁSQUEZ-MAIGNAN, Head of the Office of Legal Counsel at the OECD Nuclear Energy Agency.
The seat of the European Nuclear Energy Tribunal is in Paris, France, at the OECD headquarters, pursuant to Article 7(b) of the Protocol on the Tribunal.
* Switzerland has signed the 1960 Paris Convention, the 1964 Additional and the 1982 and 2004 Protocols to amend the Paris Convention. On 9 March 2009, Switzerland deposited its instrument of ratification of the 1960 Paris Convention as amended by the 1964, 1982 and 2004 amending Protocols. As this ratification is effective only with respect to the 1960 Paris Convention as amended by all three Protocols, entry into force for Switzerland of the Paris Convention as so amended will only take place once the 2004 Protocol to amend the Paris Convention has itself entered into force.
Last reviewed: 7 January 2020