CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI cap, 67 Compulsory insurance or financial guarantee, 68 Determining the jurisdiction of one of Iran’s courts as the Installation State or the site of the incident, 69 time limit in nuclear damage claims, 70 and Implementation without discrimination of the convention 71 are other important issues addressed in compliance with the Revised Vienna Convention in this draft. The draft has considered the relevant regulations of the international nuclear civil liability regime and the legislation of several countries. Nevertheless, the proposed bill diverges from the standards set by international nuclear liability conventions in certain instances, such as expanding the scope of the draft to cover all sources of radiation and the government’s obligation to compensate for nuclear damages beyond the liability of the nuclear operator. 72 As previously mentioned in the discussion of challenges, the approval of the Draft Law on Civil Liability for Nuclear Damage by the Islamic Consultative Assembly and its ratification by the Guardian Council face challenges such as legal consistency, compliance with religious principles, political and social issues, technical and scientific complexities, alignment with international standards, and financial resources. So, we must wait to ascertain whether the Islamic Consultative Assembly and the Guardian Council will approve the innovations proposed in this draft law or deem it necessary to amend and align it with the Constitution and Islamic law. 4.3 The Necessity of the Right of Reservation in Joining the Convention Accepting the right to reservation implies the government’s commitment to adhere to conditional terms of the relevant treaty or definitively enter it. 73 Although the Vienna Convention is silent on reservation rights, Article 19 of the Vienna Convention 1969 on the Law of Treaties suggests the feasibility of reservation rights upon a country’s accession. For instance, countries such as the United Arab Emirates, Saudi Arabia, and Israel have exercised reservation rights upon acceding to the Vienna Convention. According to Iranian domestic law, certain reservation rights can be asserted upon accession to international conventions. For example, in accordance with Article 4 of the Constitution, issues explicitly conflicting with Islamic principles can be raised to limit commitments. Moreover, concerning the expiration of lawsuits over time (as addressed in Article 9 of the Convention), the country has the prerogative to apply reservations or issue interpretative declarations. 74 In light of the absence of a prohibition on reservation rights in the Vienna Convention, it appears that governmental bodies, such as the Atomic Energy Organization of Iran, should evaluate the feasibility of exercising reservation rights concerning specific provisions of the conventions they intend to ratify. This evaluation should account for national interests, comply with relevant convention rules and regulations, and, if deemed beneficial, offer

67 Ibid, Article 10. 68 Ibid, Articles 11–15. 69 Ibid, Articles 16–18.

70 Ibid, Article 20. 71 Ibid, Article 23. 72 ESKINI, R., and others (n 65) 2.

73 PISHROBAT, S. R. and ZAFERANI, H. ‘Applicability of Reservation to the Conventions On Nuclear Civil Liability and Strategy of Islamic Republic of Iran’ (2018) 38 Journal of Nuclear Science, Engineering and

Technology 90 accessed 8 June 2024. 74 MOHAMMAD HOSSEINY TARGHI M. and RASHIDI H. (n 29) 112.

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