CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI Lack of a Limitation Period for Claiming Nuclear Compensation in Iranian Law The next issue is about the limitation period for claiming nuclear compensation. The operator’s liability is subject to a time limit, recognising the delayed onset of physical injury from radioactive contamination after a nuclear incident. To ensure fairness, the Vienna Convention stipulates that compensation rights expire if legal action is not initiated within ten years of the incident. As per the Revised Vienna Convention, failure to file a claim within the specified timeframe results in forfeiture of the right to compensation for loss of life or personal injury in thirty years and for other damages in ten years from the nuclear incident. 38 In the repealed Iranian Civil Procedure Law, the issue of the limitation period was addressed concerning the initiation of legal proceedings. The definition of the limitation period was specified as follows: “The limitation period refers to the passage of a period after which, according to the law, a claim is not heard due to its expiration.” 39 In 1982, according to the majority opinion of the jurists of the Guardian Council, the provisions regarding the limitation period were deemed inconsistent with Islamic legal standards and were removed. However, despite the majority opinion, there has been a minority view that supports the limitation period. Therefore, in the event of a nuclear incident in Iran, victims retain the right to file compensation claims indefinitely. However, it’s crucial to note that the unique nature of nuclear incidents necessitates careful consideration. The absence of a time limitation for filing claims can have detrimental effects on stakeholders in this domain. Therefore, the inclusion of a time limitation for filing claims in the conventions governing nuclear civil liability presents an opportunity for Iran to participate in these conventions effectively. 40 Indeed, over time, we have seen revisions to this principle, and there is evidence that the Guardian Council is reconsidering the limitation period in some cases. For example, the Council has noted that the lack of legitimacy regarding the limitation period does not apply to lawsuits involving individuals or entities recognised within their respective countries’ laws and regulations. 41 A crucial question with adherence to the Vienna Convention is whether the Guardian Council will find the limitation period contradictory to legal norms, especially for compensating victims of nuclear incidents domestically and in neighbouring nations. The inquiry considers if the limitation period can solely apply to foreign countries, exempting domestic residents. Despite Article 13 of the Convention prohibiting discrimination based on nationality, residence, or domicile, challenges remain in uniformly applying national laws. 42 Other instances of considering the statute of limitations can be seen in newer civil liability insurance laws. For example, employer liability insurance 43 raises hope that it may extend to nuclear damage in the future. Thus, joining the convention offers Iran an opportunity to impose a statute of limitations on claims against it.

38 The Revised Vienna Convention, Article 8. 39 The Iranian Civil Procedure Law enacted in 1318 (1939), Article 731. 40 SHAMSHIRI, A. and FARAHANI, F. A. (n 3) 74. 41 Theory number 27426/30/87 dated 4/4/1387 (24 June 2008). 42 MOHAMMAD HOSSEINY TARGHI M. and RASHIDI H. (n 29) 116. 43 Article 22 of Bylaw No. 98 of the Supreme Insurance Council, approved on 17/07/1398 (9 October 2019).

276