CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI to the Vienna Convention, while Saudi Arabia and the United Arab Emirates follow the Revised Vienna Convention. 19 This issue gains significance for Iran as well, should it accede to the Revised Vienna Convention. In the following sections, we delve into further details regarding Iran’s civil liability laws and the changes necessary to incorporate nuclear civil liability into these laws. 3. Nuclear Civil Liability in Iran Iran, despite its significant nuclear activities, is not a signatory to any nuclear civil liability conventions, nor has it developed comprehensive legislation to address potential nuclear incidents and compensate for resulting damages. In this section, we discuss the significance of nuclear civil liability rules in Iran’s relations with neighbouring countries. We also examine the existing legal theories regarding civil liability for incidents in Iran’s domestic law. 3.1 Iran’s nuclear situation and neighbouring countries As of now, Iran has one operable nuclear power reactor, which is the Bushehr Nuclear Power Plant. Located in the city of Bushehr, this plant began operations in 2011. While Iran has plans for additional reactors, currently, only the Bushehr plant is fully operational. At the same time, the operable nuclear power reactors in the region include those in Pakistan 6, the United Arab Emirates 3, and Armenia 1. 20 Furthermore, additional countries in the region are poised to initiate nuclear programs in the near future. Bangladesh and Turkey are currently in the process of constructing their inaugural nuclear power plants. Also, Saudi Arabia has expressed ambitions in the nuclear sphere. 21 It should also be considered that in the event of a potential nuclear accident, the issue of compensating for damages will affect all countries in the region, including those without nuclear programs, such as Iraq, Qatar, and others. The absence of specific legal frameworks could lead to complex challenges in responding to nuclear accidents, as existing general civil liability laws may prove inadequate. This issue not only poses risks to the victims of nuclear accidents but also to stakeholders in the nuclear industry. 22 So, in the event of a potential nuclear incident, the critical issue is how damages will be compensated if the incident originates from Iran. This raises concerns about how such damages would be addressed under the existing domestic laws of Iran. Conversely, it is also possible that the incident could originate in other countries in the region. In this case, the accession of regional governments to unified conventions would facilitate the harmonisation of laws, thereby making compensation for damages more accessible. 3.2 Nuclear civil Liability law in Iran Nuclear civil liability in Iran is a critical issue linked to the risks associated with nuclear energy. Aligning national laws with international standards, particularly the Vienna Convention, presents specific challenges. This section examines the current state of Iran’s 19 HANDRLICA, J. ‘The Vienna Convention on Civil Liability for Nuclear Damage: 60 Years of a Quest for a Nuclear Liability Framework’ (2023) Vol. 14 Czech Yearbook of Public & Private International Law 310. 20 ‘Nuclear Power Plants in the World 2024’ ( Statista ) accessed 8 June 2024. 21 ‘Publications – World Nuclear Association’ accessed 8 June 2024. 22 SHAMSHIRI, A. and FARAHANI, F. A. (n 3) 79.

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