The legal challenges of global commercialisation of SMR new nuclear technologies: from an international investment law perspective

Renewed interest in nuclear energy due to energy transition and net-zero goals is being fuelled by advances in nuclear energy technologies such as small modular reactors (SMR). With expected increased investment interests in SMR, this paper questions whether the features of SMR commercial transactions would comply with the various principles and standards of international investment law. It found that there are mixed areas of compliance and non-compliance, and certain limitations and ambiguities. These findings will be relevant to SMR manufacturers and regulatory authorities for SMR global commercialisation. The paper concludes with certain recommendations including amending the International Energy Charter.