CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… approaches. 34 Indeed, while there are opportunities for countries to join liability conventions, there are also challenges that can hinder their participation. 4.1 Challenges, Prospects, and Amendment Regarding domestic law, the traditional framework of civil liability in Iran, predicated on fault and establishing a causal connection between the offender and the injured party, encounters considerable complexities in cases involving nuclear damage. Demonstrating the operator’s fault and identifying the plaintiff proves arduous, rendering it challenging to hold parties accountable and ensure proper compensation. In this section, these complexities will The Vienna Convention establishes direct civil responsibility for nuclear facility operators, shielding other potentially liable parties under general civil laws. This exclusive liability principle has two key aspects: transferring liability solely to operators and exempting them from liability beyond the convention’s scope. This principle is unique to nuclear law and differs from other legal domains. 35 Iranian law lacks specific rules regarding operator exclusive liability for nuclear facilities. While some laws may share limited similarities, crucial aspects such as liability transfer, minimum thresholds, and insurance coverage aren’t fully integrated. Adhering to the convention requires meticulous drafting and domestic legal approval. Challenges may arise due to specific provisions, necessitating careful consideration for effective implementation. 36 The discussion continues with further elaboration on the existing legal challenges. Undefined Concepts in the Vienna Convention under Iranian Law According to the Vienna Convention, “nuclear damage” encompasses various consequences arising from the radioactive properties or a combination thereof with other hazardous properties of nuclear fuel or radioactive products. This includes loss of life, personal injury, and property damage resulting from atomic material within or associated with a nuclear installation. 37 The Revised Vienna Convention expands on this definition in Article 2, incorporating environmental damage, reinstatement of impaired environment measures, loss of income derived from an economic interest in any use or enjoyment of the environment, and preventative actions. These additions pose challenges in aligning Iranian civil liability laws with the Revised Vienna Convention, as they introduce new concepts not precisely defined in Iran’s domestic laws. Terms such as “environmental damage” or “measures for reconstructing polluted environments” may require more explicit guidelines and additional implementation methods. Therefore, careful examination and analysis of these terms and concepts within existing Iranian laws and regulations are necessary to ensure alignment with the Revised Vienna Convention. be addressed in the context of joining the Vienna Convention. Absence of Clear Regulations on Operators’ Exclusive Liability

34 SHAMSHIRI, A. and FARAHANI, F. A. (n 3) 68. 35 Ibid, 69.

36 MOHAMMAD HOSSEINY TARGHI M. and RASHIDI H. (n 29) 101. 37 The Vienna Convention on Civil Liability for Nuclear Damage1963, Article 1(k).

275