Civil Liability for Damages Caused by the Transportation of Nuclear Material in Iran and International regulations
S. F
Yousefi
Faculty of Law & Political Sciences, Ferdowsi University of Mashhad
Mashhad-Iran
author
S
Mohseni
Faculty of Law & Political Sciences, Ferdowsi University of Mashhad , Mashhad-Iran
author
text
article
2018
per
Despite the ever-increasing need for nuclear energy in agriculture, industry, medicine and research centers, it is potentially dangerous for human life property and environmental health. This is while the carrying of nuclear material has more risk and controlling it is difficult. The visive extent and severity of the damages caused by transportation of nuclear materials did not lead to negligence of compensating these damages by international community. International Atomic Energy Agency (IAEA) have adopted safety standards and strict liability rules to make compensate these damages in the short possible time. However, despite Iran's nuclear power technology and the geographic dispersion of nuclear sites in the country, there are no effective and enough laws and regulations relating to the transportation of these materials. Thus it is up to Iranian legislator with consideration of world experiences and along with international rules, take legal steps to prevent risks, create a safe transportation process, and provide maximum compensation for the damages. This article comparatively is going to study laws and regulations relating to the transport of nuclear materials in Iran the and International Atomic Energy Agency and other international documents.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
1
17
https://jonsat.nstri.ir/article_207_ab7b9677e38c1ed5b4ef549ac87a15c0.pdf
Air Carriage of Nuclear Materials and Compensation of Third Parties
K
Pourmikaeil
Faculty of Law and Political Sciences, University of Tehran-Tehran – Iran
author
M
Sadeghi
Faculty of Law and Political Sciences, University of Tehran-Tehran – Iran
author
text
article
2018
per
International treaties governing to compensation of third parties for aircraft operation, including the Montreal protocol of 1978 and the Montreal conventions of 2009 has not identified any responsibility for the aircraft operator in relation nuclear damages occurring during the carriage of aircraft and referred it to the Paris treaty 1960 and Vienna convention 1963. The question raised by examining of these documents is that who is responsible for compensation of nuclear damage during air transport? In this paper we first study obstacles created in international sources of aviation responsibility governing airspace and then analyze the reason of these exceptional rules. The result of this article is that with the accession of Iran to the Vienna convention, the operator of installation will be solely responsible for the compensation of damage created during air transportation, but this will not preclude the primary or even ultimate responsibility of aircraft operator.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
18
27
https://jonsat.nstri.ir/article_208_167f0cb67d44b9c94ebd712a78057520.pdf
Status of Insurance of Liability of Operator of Nuclear Installation in International Conventions on Nuclear Civil Liability and legal Order of Iran
S
R. Pishrobat
Nuclear Science and Technology Research Institute, AEOI
author
text
article
2018
per
According to International Conventions on Civil Liability for Nuclear Damage, The Operator of Nuclear Installation is Obliged to provide Insurance or Other financial Gaurantees for its liability. Making Oblige the Operator of Nuclear Installations is one of the Non derogable and Non Reservable Rules of the Said Conventions. The States Intends to Accede to these Conventions may not Make any Reservation With Respect to those Provisions of the Conventions Relate to Obligation of Operator to provide Insurance for Its liability or adopt National laws or regulations contrary to this obligation. This is while that in Legal Order of Iran There exist no special law or Regulations Concerns to Oblige the Operator of Nuclear Installation to provide Insurance for Its liability. If Iran is Decided to Accede to these conventions It Shall oblige the Operator of Nuclear Installations to provide insurance for its liabilit.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
28
42
https://jonsat.nstri.ir/article_209_8e3fb0bc48e37fc3e5a744dd5a33272e.pdf
Investigating the Civil Liability Principles Caused by Nuclear Damage in Respect of the Consequences of Objects
A
Niazi
Department of Law, Faculty of Administrative and Economics, University of Isfahan-Isfahan-Iran
author
A. R
Yazdanian
Department of Law, Faculty of Administrative and Economics, University of Isfahan-Isfahan-Iran
author
M
Jalali
Department of Law, Faculty of Administrative and Economics, University of Isfahan,Isfahan-Iran
author
text
article
2018
per
In civil liability law, the concept of origin of liability come backs to the fact that why causer of damage has duty to compensate. The practical result of this study concerns to prove of fault which in terms of determine of origin of liability, in some time damage person has duty to prove fault of damager and in some time not. Regarding origin of civil liability in traditional law, theory of destruction, directly or in directly and theory of fault is regarded as general rule and absolute liability as exception. Of course at present time, civil liability is not subject to unique rule. Regarding damaged caused by "nuclear material", that include nuclea feul and substances and waste and nuclear facilities, several civil liability theories such as fault theory, or theory of no damage or theory of attribution of act of damage to responsible person or liability for benefit should be considered. It appear that the liability of nuclear operator is based on "ownership, management and benefit". Of nuclear energy. because nuclear energy is a kind of objects and familiar in law and Islamic jurisprudence. Regarding origin of liability for nuclear damage, theory of liability for objects is applicable.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
43
53
https://jonsat.nstri.ir/article_210_a3abeffe7578cb34a953c2f14652f61c.pdf
The Comparative Study of Civil Liability Arising Out of Nuclear Damages in Iran and France Legal Systems
S
R.Pishrobat
Nuclear Science and Technology Research Institute, AEOI
author
Z
Esmati
Department of Law, Faculty of Law and Political Sciences, Islamic Azad University, Karaj Branch
Karaj-Iran
author
text
article
2018
per
Although Legal systems of Iran and France Contain several Common Rules and Laws in Different fields, but in the case of civil liability and compensation of damages arising out of nuclear activities there are serious differences between Legal systems of these two countries. while French Legislator, by taken into account 1960 Paris convention, passed a special law for compensation of nuclear damages in Iran legal system compensation of these damages still governing by general laws and rules of civil liability which certainly is not regarded as an appropriate legal means and mechanism for nuclear damage compensation. The study of experiences of different nuclear countries practices, including france, prove that general rules of civil liability are not proper mechanism for compensation of nuclear damages, thus, given the country nuclear perspective passing a special law for compensation nuclear damages seems needed and inevitable.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
54
66
https://jonsat.nstri.ir/article_211_7b4703c96943c3b11a4b00c1b81461f1.pdf
Opportunities and Challenges of Islamic Republic of Iran’s Accession to the Vienna Convention on Civil Liability for Nuclear Damage
A
Shamshiri
Islamic Azad University Central Tehran Branch, Tehran-Iran
author
F
Amirabadi Farahani
Islamic Azad University Central Tehran Branch
Tehran-Iran
author
text
article
2018
per
Nowadays the Islamic Republic of Iran is known as a nuclear state and It’s nuclear activities are increasing every day. However it has not been thought about liability for potential hazards of these damages. Leading nuclear countries, in addition to developing a civil liability law on nuclear activities, have become parties to the relevant conventions. These conventions including the Vienna Convention are based on the basic principles governing civil responsibility for nuclear events. The benefits of membership in the convention are: channeling of liability to operator, limitation of liability in amount and time, operator’s absolute liability and … that they contribute to the development of the nuclear industry. In some cases, the compensation is referred to domestic la which despite its benefits for avoiding inconsistencies in the legal system of countries in solving specific problems, In our country, because of the lack of specific civil nuclear legislation, it is actually a challenge. Therefore legislation in this field is more necessary.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
67
82
https://jonsat.nstri.ir/article_212_676dce2af2a0bc304058e029275d8c5e.pdf
Applicability of Reservation to the Conventions On Nuclear Civil Liability and Strategy of Islamic Republic of Iran
S
R.Pishrobat
Nuclear Science and Technology Research Institute, AEOI
author
H
Zaferani
Nuclear Science and Technology Research Institute, AEOI
author
text
article
2018
per
Conventions on civil liability for nuclear damage have not adopted similar approach towards applicability of reservations to their own regulations .some of these conventions subjected reservations to conventions to unamious consent of all parties. While the others are either silent on applicability of reservations or allowed applicability only to the certain regulations. So far, 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. Authours 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
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
83
98
https://jonsat.nstri.ir/article_213_e3e8a4c2f3c060305824412028ced0fd.pdf
Study on Civil Liability for Nuclear Damage in the Rules and Internal Laws Considering the Accession of Country to the 1963 Uienna Convention
M.M.
Hosseiny Targhi
AEOI, P.O.Box: 14155-1339, Tehran-Iran
author
H.
Rashidi
Islamic Azad University Khomain, P.O.Box: 38815-171, Central Province-Iran
author
text
article
2018
per
The increasing need for nuclear power in various fields, especially for power generation, along with other sources of energy, from one side’ and Probability of nuclear incidents in nuclear power plants and facilities (Despite High level safety of this facilities) ‘On the other hand, the need to compensate for such incidents, which is not limit to geographical scope of one country, would be inevitable in the current era. From a Legal Perspective ‘Although in our country there are some general rules on civil liability, but they are not appropriately enough and effective the issues of nuclear damage and making comprehensive consensus on the harmonization of the Civil liability of neighboring and others Countries. Therefore, the country, in accordance with the discretion of one of the relevant conventions, should identify a nuclear liability responsible, provide the minimum amount of liability for this liability, insurance coverage, etc... In this regard, while the issue of acceding of the Islamic Republic of Iran to the 1963 Vienna Convention on Civil Liability for Nuclear Damage is on the agenda of the Atomic Energy Agency and the Government the present article has analyzed although liability of the operator for nuclear damage, insurance coverage and non-discrimination will be accepted in some way. But it is not enough, and as provided in the convention, a special national law should be drafted and approved.
Journal of Nuclear Science and Technology (JONSAT)
Nuclear Science and Technology Research Institute
1735-1871
38
v.
1396
no.
2018
99
124
https://jonsat.nstri.ir/article_214_f5753dc85ad93577dc13ad3e53a854c0.pdf