CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI the United Arab Emirates, 78 a neighbour of Iran, which can serve as an incentive for Iran to join the convention and facilitate the harmonisation of laws between countries in the region. In the realm of Iran’s neighbouring nations, alterations made within the legal framework of the United Arab Emirates (UAE) as a nation adhering to Islamic principles and newly embracing nuclear endeavours, subsequently ratifying the Revised Vienna Convention, could offer Iran valuable insights as it crafts its legislation concerning nuclear civil responsibility. Despite variances in legal doctrines between the two jurisdictions, both the UAE and Iran derive their legal foundations from Islamic tenets. This discourse refrains from delving into the specifics of the UAE’s domestic laws, yet it may highlight specific fundamental themes pertinent to nuclear civil responsibility. An instrumental resource that has helped the UAE overcome obstacles in formalising its nuclear initiatives is its extensive use of evaluative services provided by the International Atomic Energy Agency (IAEA), known as peer review services. These evaluations offer specific frameworks for assessing existing challenges and recommending corresponding solutions. Furthermore, the Federal Authority for Nuclear Regulation (FANR), as the independent national nuclear regulatory body, has promulgated comprehensive regulations essential for sustaining the operational phase of the initiative. 79 A decision exists within the UAE that has the potential to be applied to Iran in case of a nuclear accident and serve as a blueprint for Iran in developing its nuclear capabilities. Regarding the UAE’s pursuit of peaceful nuclear energy development, the liability of the nuclear operator may extend to entities in neighbouring nations despite these countries not being parties to major conventions on nuclear liability. 80 Regarding the fundamental principles of liability, as discussed, if Iran accedes to the Vienna Convention, amendments to its domestic laws will be necessary. In this regard, for example, we refer to one of the significant changes made in comparison to the general legal regime specified in the UAE Civil Code and the UAE’s nuclear liability law. Whereas the UAE Civil Code mandates three prerequisites for legal culpability (namely harm, wrongful action, and causal nexus), the UAE’s nuclear responsibility statute deems the mere occurrence of nuclear harm sufficient for imputing liability upon the operator. This aligns with the concept of absolute operator liability enshrined within the Vienna Convention. 81 The UAE’s strategic agenda includes various elements such as international agreements, legal frameworks, establishment of regulatory bodies, technology procurement, and human capital development. Key factors contributing to their success include synchronised governmental leadership, recruitment of experienced personnel, effective collaborations among domestic entities, strong bilateral relations, and support from international organisations like the IAEA. Overall, the UAE’s journey highlights the feasibility of developing and maintaining safe nuclear energy with dedicated commitment and visionary leadership. 82 78 Ibid. 79 ‘Experiences of Member States in Building Regulatory Framework for the Oversight of New Nuclear Power Plants: Country Case Studies’ (International Atomic Energy Agency 2021). 80 JADALHAQ, I. M., ALQODSI, E. M., ‘Tort Law Makes a Quantum Leap: A Review of the Civil Liability Regime for Nuclear Operators in UAE Law’ 13 no. 1 Journal of Property, Planning and Environmental Law 2. 81 Ibid. 10. 82 ‘Experiences of Member States in Building Regulatory Framework for the Oversight of New Nuclear Power Plants: Country Case Studies’ (n 81) 102.

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