CYIL vol. 15 (2024)

SEYEDEH KIANA BANIKAMALI The Revised Vienna Convention’s broader definition of nuclear damage, such as environmental damage or expenses for restoring the affected environment, presents another challenge. It introduces terms that are novel to Iranian law and require precise definitions. Additionally, setting time limits for compensation claims and a minimum liability limit are other points of contention between the Viennese Conventions and Iran’s domestic laws. Aligning Iran’s domestic laws with the Revised Vienna Convention could offer multiple benefits, such as mandatory insurance, clear liability limits, and defined statutes of limitations on damage claims. This alignment would harmonise Iran’s legal framework with international standards, enhancing its legal and financial preparedness for potential nuclear incidents. Additionally, adopting the convention would streamline the compensation process and align it with neighbouring countries. Additionally, neighbouring nuclear countries that are members of the Revised Vienna Convention have the legislative power to refuse compensation to non-member countries. Iran’s membership in the convention would eliminate this issue. Given that other nearby countries are also members of the Viennese Conventions, Iran’s membership would be a positive step towards regional harmonisation with international regulations. At the time of this writing, the Atomic Energy Organization of Iran has prepared a draft law addressing this issue. However, the process of enacting this draft into law is lengthy. If ratified by the Islamic Consultative Assembly and not opposed by the Guardian Council, it could mark a significant step towards Iran’s adherence to the Revised Vienna Convention. Although recent Iranian civil liability laws in areas like insurance and traffic accidents show similarities with international regulations on nuclear damage compensation, the draft law’s approval and ratification face challenges, making its future uncertain. Since the Vienna Convention permits reservation rights, Iran should consider using reservations for provisions conflicting with its constitutional principles. Exercising these reservations would protect Iran’s interests and benefits. It is recommended that Iran makes reservations upon joining the revised convention to address fundamental legal conflicts, thereby safeguarding national interests and reducing the likelihood of rejection by relevant authorities. Ultimately, based on the conducted study, the necessary theoretical foundations exist to some extent for updating Iran’s domestic laws and aligning them with the international rules on nuclear damage compensation outlined in the Revised Vienna Conventions. However, these theories need to be scrutinised and formulated into laws accordingly.

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