CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ TOWARD A REGIME FOR CIVIL LIABILITY FOR NUCLEAR DAMAGE IN THE ISLAMIC… Pakistan is another Islamic country neighbouring Iran. Unlike the UAE, Pakistan has been a longstanding player in nuclear energy since the 1950s. It has forged a robust legislative and regulatory framework at both national and international levels. This includes the establishment of critical institutions, such as the Centre of Excellence for Nuclear Security, alongside adequate import/export controls and safeguards. As a result, Pakistan ensures comprehensive oversight of its nuclear program, meeting IAEA standards and fostering a secure and reliable atomic regime. 83 In summary, the Pakistan Nuclear Regulatory (PNRA) Ordinance (2001) defined the financial terms of civil liability and relayed them to the operator. Working alongside the federal government, the Pakistan Atomic Energy Commission (PAEC) adheres to the civil liability requirements outlined in PNRA’s licensing conditions. 84 Ultimately, If Iran moves forward with its nuclear program, it will need to comply with liability regimes that offer some guarantee of compensation for transboundary victims in case of accidents. 85 6. Conclusion Despite the considerable time that has elapsed since Iran initiated its nuclear program, it hasn’t joined international conventions related to civil liability for nuclear incidents. Given its proximity to other nuclear-equipped nations, Iran’s participation in these conventions is crucial for a coordinated response and damage compensation in the event of a potential nuclear incident in any of these countries. Iran also lacks specific legislation for nuclear damage compensation, relying instead on general civil liability rules, which are inadequate for nuclear incidents. To address this gap, theoretical principles in Iran’s legal system must be translated into specific laws. However, compensating for nuclear damage, especially across borders, is challenging due to conflicting liability standards between Iran and the Vienna Conventions. Iran’s civil liability law, based on proving fault, conflicts with the strict liability required by the Viennese Conventions. The Risk Theory aligns more closely with operator liability and could inform legislation in this area. However, existing laws are insufficient for compensation for nuclear damage and the alignment of liability with neighbouring countries. Therefore, Iran must designate a responsible party for nuclear liability, establish minimum liability thresholds, ensure adequate insurance coverage, and address related matters in line with the Viennese Conventions. This study examines Iran’s potential accession to international conventions regarding nuclear civil liability. Among these conventions, the Revised Vienna Convention on Civil Liability for Nuclear Damage 1997 appears most suitable for Iran. However, Iran must address challenges within its domestic laws to achieve accession. Joining this convention necessitates the development of domestic laws and regulations to align with its provisions, including drafting and ratifying legislation related to civil liability for nuclear damage and corresponding implementing regulations.

83 IFTAKHAR (n 6) 89. 84 Ibid 82. 85 SEIFI (n 7) 103.

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