CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI 1. Introduction

Iran’s nuclear history dates back to the 1960s when the Tehran Research Reactor (TRR) was activated. Since then, Iran has continued to develop its nuclear program up to the present day. Additionally, Iran finds itself surrounded by neighbouring or nearby countries with nuclear facilities, such as Pakistan and the United Arab Emirates. Some of these adjacent nations are parties to either the 1963 Vienna Convention or its revised version from 1997. 1 For Iran, aligning itself with similar legal frameworks in the region by becoming a party to these conventions holds particular significance. Iran’s active nuclear programs, coupled with its strategic geographical location and the inherent risks associated with nuclear activities, underscore the necessity for Iran to address civil liability measures in the event of potential nuclear disasters, whether originating within Iran or neighbouring countries. Civil liability conventions lay down core principles for compensating nuclear damage, with the objective of achieving consistency in domestic laws among participating countries. 2 Despite these considerations, Iran has not ratified any international conventions pertaining to civil liability for nuclear damage. Consequently, reliance on Iran’s internal legal system becomes paramount for understanding nuclear damage compensation procedures. This prompts an inquiry into the sufficiency of Iran’s internal regulations for compensating for nuclear damage, as well as their compatibility with international legal standards governing liability for nuclear damage. In this context, the discussion revolves around Iran’s potential accession to the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) and its revised protocol, assessing the extent to which existing Iranian regulations align with the international framework outlined in the Vienna Convention and its revised protocol (the Revised Vienna Convention). 3 Upon examination of the Iranian legal system, it becomes evident that several legal challenges exist in addressing nuclear damage compensation. Current regulations are inadequate for compensating nuclear damage, regardless of whether Iran serves as the host state or is affected by a neighbouring country’s disaster. Certain principles outlined in the Vienna Convention lack firm footing within the Iranian legal framework or pose obstacles to Iran’s accession to the Convention. Specifically, Iranian law conflicts with principles such as exclusive operator liability, time limitations for legal claims, mandatory insurance, and liability limitations. It is noteworthy that efforts are underway to address these challenges through the drafting of a law on civil liability for nuclear damage in Iran. 4 Despite the potential limitations of this draft and the doubtfulness of the approval of new rules by the Guardian Council of the Constitution, it serves as a stepping stone for Iran to address nuclear damage by potentially joining the Revised Vienna Convention. It is also suggested 1 The states parties to the Vienna Convention in the region include Armenia, Jordan, Lebanon, Saudi Arabia, and Ukraine, with Israel being a signatory party to it. Furthermore, the states parties to the Revised Vienna Convention consist of Jordan, Saudi Arabia, Ukraine, the United Arab Emirates, with Lebanon being a signatory party to it. 2 SHAMSHIRI, A. and FARAHANI, F. A. ‘Opportunities and Challenges of Islamic Republic of Iran’s Accession to the Vienna Convention on Civil Liability for Nuclear Damage’ (2018) 38 Journal of Nuclear Science, Engineering and Technology 68 accessed 8 June 2024. 3 Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear Damage, adopted 12 September 1997, entered into force on 4 October 2003. 4 By the Atomic Energy Organization of Iran (AEOI), 2020.

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