CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI The Vienna Convention on Civil Liability for Nuclear Damage of 1963 is a fundamental convention regarding nuclear civil liability. The principles laid out in the Vienna Convention are widely acknowledged as essential to the legal framework governing the peaceful use of nuclear energy. 8 The Vienna Convention is global in scope and was revised in 1997 (Revised Vienna Convention). These two treaties are collectively referred to as the Viennese Conventions. Based on their importance in the discussed topic, further elaboration will be provided on them. Another convention relevant to this context is the Convention on Supplementary Compensation for Nuclear Damage (CSC). 9 Iran is unable to join this convention as well, given its requirements and conditions outlined in Articles XVIII and XIX, which necessitate adherence to the Vienna or Paris Conventions or compliance with the Convention’s Annex, along with being a contracting party to the Convention on Nuclear Safety for states with nuclear installations. In situations where a nuclear country is not a party to any liability convention while its neighbouring country is, there is a pressing need for international action to compel nuclear countries to join such conventions. Without international legal obligations, governments may be reluctant to participate. Given that national regulations mandate nuclear power plant operators to demonstrate operational safety, ensuring the application of nuclear liability at the international level is imperative. The Chornobyl accident in 1986 underscores this necessity. 10 Next, we delve into the most relevant conventions to Iran’s situation, namely the Vienna Convention and the Revised Vienna Convention. 2.2 The Vienna Convention on Civil Liability for Nuclear Damage of 1963 The Vienna Convention aims to create a global framework for nuclear liability by setting minimum financial safeguards for damage from the peaceful use of nuclear energy and promoting international cooperation. Although not all major nuclear states have ratified it, the convention has seen participation from a diverse range of countries, including non nuclear states. It has effectively covered regions like the Middle East. It is deemed successful in addressing nuclear damage liability due to the cooperative efforts of its signatories. The convention establishes a unique liability framework, placing sole responsibility on the operator of each nuclear facility, with limited exceptions for circumstances like armed conflict or victim gross negligence. 11 Under the Vienna Convention, while operators are subject to strict liability conditions, the Installation State is permitted to cap this liability through national laws as long as the minimum liability threshold established by the Convention is respected. Additionally, the Convention obligates operators to secure insurance or financial guarantees for nuclear 8 HANDRLICA, J. and NOVOTNA, M. ‘The Vienna Convention on Civil Liability for Nuclear Damage: Past, Evolution and Perspectives’ (2018) 8 Tribuna Juridica 48. 9 Adopted on 12 September 1997. 10 AL-DOAIS, S. and KESSEL, D. ‘ Effectiveness of Existing International Nuclear Liability Regime ’ (2015) . 11 HANDRLICA, J. ‘The Vienna Convention on Civil Liability for Nuclear Damage: 60 Years of a Quest for a Nuclear Liability Framework’ (2023) 14 Czech Yearbook of Public & Private International Law 298.

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