Investigating the Civil Liability for Nuclear Damage in International Systems with an Adaptive Approach

The need for nuclear energy is an undeniable reality. At the same time, the occurrence of nuclear accidents and the resulting losses is unavoidable, which has led governments to follow special regulations. The result is the formation of specific laws and the formulation of international conventions on nuclear liability. One of the most complicated issues is, among other things, determining who is responsible for compensation. Civil responsibility for nuclear activities is one of the major issues in the field of legal studies, especially international law. The specific natureand nature of the losses caused by these activities has led the nuclear-weapon States to abandon the general civil nuclear liabilities regulations and approve specific national laws to compensate for such losses. In 1963, the International Atomic Energy Agency (IAEA), with the aim ofcoordinating and harmonizing the laws of nations on nuclear civil liability, ratified and ratified the Convention on Civil Liability for Nuclear Damage under the Vienna Convention on Civil Liability. In addition, another convention was approved by the Agency under the title of theConvention on Additional Damages for Nuclear Damage. Currently, the two conventions, which themselves are affected by the Paris 1960s and Brussels 1963 conventions on third-party nuclear civil liability, are the most important international sources of international civil liability law. Thecivil liability system in Iranian law is also based on the basic assumption of compensation. In the provisions of this law, everyone has to compensate in any way for the other, it must compensate. Although this is a general responsibility, it includes losses from nuclear incidents.

Keywords:

civil liability , compensation , nuclear incidents , convention , judicial procedure