CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… appropriate recommendations. If specific provisions within these conventions are found to conflict with the country’s legal and constitutional principles, and if treaty law permits the use of reservations, then applying reservations regarding these provisions would be necessary and beneficial in safeguarding the country’s interests and benefits. 75 The initial consequence of Iran’s accession to the Vienna Convention is that the convention’s provisions become law in Iran. According to Article 1 of the Iranian Civil Code, “Provisions of treaties concluded in accordance with the Constitution between Iran and other states have the force of law.” In accordance with the Revised Vienna Convention, the domestic legislation of any contracting party may choose to exclude compensation for damages incurred in the territory of a non-contracting state, 76 given that said non-contracting state hosts a nuclear installation without offering comparable reciprocal benefits. 77 Therefore, one of the other significant outcomes of Iran’s accession to the convention is the potential non-exclusion from liability for compensation from the member countries’ side of the convention. Therefore, it can be inferred that Iran’s non-membership in the Vienna Convention may result in its exclusion from the convention’s provisions in the event of a nuclear incident, especially by neighbouring or nearby countries in the region’s member countries. As discussed earlier, the absence of dedicated domestic nuclear legislation could complicate matters for Iran in such scenarios, underscoring the importance of joining the Vienna Convention and aligning domestic laws accordingly to mitigate these challenges. One key reason some countries are hesitant to join the Viennese Conventions is their geographical distance from the regions they cover. However, given the membership of neighbouring or nearby countries like the United Arab Emirates in these conventions, it seems advantageous for Iran to join them. This is because all these member countries can leverage coordinated rule implementation in case of an incident. To encourage maximum global participation and uphold the universalist ideals of the Viennese Conventions, membership in the Revised Convention is open to all countries, irrespective of their prior status as contracting parties to the Vienna Convention. The Revised Vienna Convention has successfully attracted the attention of many countries that were not previously part of the Vienna Convention regime. This is particularly evident in the case of 75 PISHROBAT, S. R. and ZAFERANI, H. (n 75) 94. Islamic Republic of Iran has not acceded to these conventions. There fore study of applicability of reservations to these conventions may provide some clarification for decision makers in the case of decision of country to accede these conventions. Authors of this article hold that, if country reach to the decision that to accede to the conventions, it is required, according to provisions of the conventions and rules of law of treaties “make reservations to those regulations of these conventions that may be contrary to national interest and constitutional requirments of the country”. 76 See Revised Vienna Convention, Article IV(3). 77 HANDRLICA, J. and SANCIN, V. ‘Earthquakes in Nuclear Liability Conventions: A Study in International Disaster Law’ (2021) 39 Journal of Energy & Natural Resources Law 9 accessed 8 June 2024. 5. International consequences of the accession of Iran to the Vienna Convention

281