CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… facility operators in Iran. The passage of laws requiring compulsory insurance for motor vehicle owners, as ratified in 1968 and amended in 2008, supports this assertion. 58 Challenges in Drafting Nuclear Legislation Due to the Ratification Process The Iranian Atomic Energy Organization faces a significant challenge in drafting nuclear legislation due to the process of ratification by the Islamic Consultative Assembly and the Guardian Council and the government›s effective implementation. The Guardian Council is tasked with ensuring that Assembly enactments comply with Islamic law and the Constitution. 59 Instances such as the Assembly’s nuclear law being omitted from the Strategic Action Plan to Lift Sanctions or opposition to granting access to certain nuclear activities and equipment to the International Atomic Energy Agency underscore these challenges. 60 It is also important to note that states have an international obligation, grounded in customary international law, to ensure the safe conduct of their nuclear activities, even if they occur solely within their territories. 61 4.2 Draft Law on Civil Liability for Nuclear Damage For a contracting party to the Vienna Convention, it would be more precise to incorporate the regulation of nuclear liability into laws governing tort law and insurance law. The options include either integrating separate liability provisions within the existing Civil Code or enacting a separate law exclusively addressing nuclear liability. This approach can also be chosen by legislation through the implementation of the requirements of the Revised Vienna Convention into national legislation. 62 Recently, the Atomic Energy Organization of Iran, as the competent governing body, has prepared a draft of the nuclear energy law named “The Draft Law on Civil Liability for Nuclear Damage”, following the second-mentioned approach. It is scheduled to be sent to the cabinet in the form of a bill in the future and, upon approval, will be submitted to the parliament for its ratification. 63 In this section, we will introduce this draft of law. The objectives of this law are declared as follows: “For determining and defining the civil liability of nuclear facility operators and radiation activities, the requirement for insurance coverage and financial guarantees, facilitating compensation for damages resulting from nuclear incidents, and assisting in the development of these facilities and activities.“ 64 Economic losses such as medical expenses and loss of income, the cost of environmental restoration, and Possible loss of benefit resulting from economic activities in utilising the environment are among the new legal titles addressed in this draft. 65 Matters like Exclusive operator liability and exceptional cases, 66 Determining the operator’s liability 58 PISHROBAT, S., R (n 57) 37. 59 See Articles 72 and 85 of the Iranian Constitution. 60 Mehr News Agency, ‘’A Look at Three Main Challenges of the Government and Parliament’s Reluctance to Adhere to the Law’ (8 April 2021). 61 SEIFI (n 8) 111. 62 HANDRLICA, J. and NOVOTNA, M. (n 8) 56. 63 ESKINI, RABIA, and others, ‘The Legal Regime Governing Compensation for Nuclear Damage in Iran and Its Prospects’ (Nuclear Science and Technology Research Institute 2022). 64 See the Draft Law on Civil Liability for Nuclear Damage 1400 [SWC-DR-04].

65 Ibid. Article 2 66 Ibid, Article 4.

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