Analysis of Principles of Nuclear Damage Compensation in International Conventions and Customary Law
Keywords:
Nuclear liability, Paris Convention, Vienna Convention, Customary international law, State responsibility, Transboundary harm, Iran, Legal reform, Nuclear damage compensation, Environmental protectionAbstract
Nuclear energy presents immense potential as a sustainable energy source but also poses significant risks of catastrophic damage in the event of accidents. Addressing the legal challenges associated with compensating for nuclear damage requires a cohesive framework that balances accountability, victim compensation, and environmental protection. This article critically examines the comparative dimensions of international conventions and customary international law governing nuclear liability. It analyzes key frameworks such as the Paris and Vienna Conventions, as well as customary principles like state responsibility and prevention of transboundary harm. The discussion highlights the similarities and differences in principles and mechanisms, including strict liability, channeled liability, and financial security. By exploring case studies such as the Chernobyl and Fukushima disasters, the article evaluates the practical application of these frameworks and their respective limitations. Attention is also given to the gaps and overlaps in current compensation mechanisms, particularly concerning transboundary impacts and environmental damages. Focusing on the Iranian context, the article identifies the gaps in legal and judicial practices, proposing reforms to enhance nuclear liability frameworks. Recommendations include the adoption of a dedicated nuclear liability act, the establishment of a national compensation fund, and the integration of traditional Islamic legal principles with international standards. The article concludes by emphasizing the importance of public awareness, regional cooperation, and global harmonization to create a more comprehensive and effective system for nuclear damage compensation. This study provides a roadmap for policymakers, legal practitioners, and international organizations to address the multifaceted challenges of nuclear liability while fostering a sustainable and equitable approach to nuclear energy development.
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