CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… damage, as stipulated by the Installation State. Jurisdiction over nuclear damage claims is exclusively held by the courts of the Installation State where the incident took place. This framework underscores the Convention’s focus on the civil liability of private entities rather than state responsibility. 12 2.3 Revised Vienna Convention of 1997 In 1997, the necessity of modernising and enhancing the liability framework for nuclear damage was recognised. As part of this initiative, the Revised Vienna Convention (the Protocol to Amend Vienna Convention on Civil Liability 1997) was established to amend the Vienna Convention. This revised convention plays a primary role in the context of our topic. Any prospective state seeking to join the liability framework of the Vienna Convention, such as Iran, must accede to the Revised Vienna Convention. 13 Indeed, increasing liability limits, enlarging the scope of damages covered, and prolonging time limits constitute the cornerstone of the liability framework established by the Revised Vienna Convention. 14 It has coexisted with the original Vienna Convention since its enforcement, and this coexistence is expected to persist. Mutual relations between the two regimes are guaranteed by the Revised Vienna Convention, ensuring peaceful coexistence. 15 This revised convention was made available for signature by all states, regardless of their status as Contracting Parties to the Vienna Convention. Henceforth, for countries such as Iran, which are not party to civil liability conventions, this matter presents an opportunity for them to adhere to unified nuclear civil liability laws. It should be noted that if Iran joins the Revised Vienna Convention, it will be obliged to comply with its provisions regarding other member countries. Additionally, unless Iran expresses a different intention at the time of depositing the relevant document when ratifying, accepting, approving, or acceding to this Convention, 16 it will also be bound by the provisions of the 1963 Vienna Convention concerning countries solely party to it. Countries joining the Revised Vienna Convention without joining the Vienna Convention must adhere to the minimum standards set in the Vienna Convention unless they state otherwise initially. Conversely, countries joining the convention without joining the revised one will not be bound by the maximum limits set in the Revised Convention under any circumstances. 17 As mentioned, the Vienna Convention mandates exclusive operator liability for nuclear damage, with limited provisions for liability relief. However, it attracted attention following the Chornobyl disaster, revealing weaknesses in the liability framework. 18 Therefore, the Revised Vienna Convention was established in 1997 and has existed alongside the original Vienna Convention to this day. This coexistence is significant globally, with both regimes present in regions such as the Middle East. For instance, Egypt, Jordan, and Lebanon adhere 12 Ibid 299. 13 HANDRLICA, J. ‘The mirage of universalism in international nuclear liability law: A critical assessment 10 years after Fukushima’ (2021) 14 RECIEL 375. 14 Ibid, 383. 15 Ibid. 16 See Revised Vienna Convention, Article XX A(3). 17 CURRIE, D. ‘The Problems and Gaps in the Nuclear Liability Conventions and an Analysis of How an Actual Claim Would Be Brought under the Current Existing Treaty Regime in the Event of a Nuclear Accident’ (2006) Vol. 35 No.1 Denver Journal of International Law & Policy 103. 18 Refer to the preceding page

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