The legal basis for the civil liability of the nuclear facility operator in UAE law.

Document Type : Original Article

Author

College of Law – University of Sharjah

Abstract

This research aims to identify the basis on which the civil liability of the operator of the nuclear facility for the damages of the nuclear accident is based in the UAE legislation and international agreements, and to clarify the extent to which the civil liability of the operator of the nuclear facility is considered an absolute objective responsibility, or whether its action against the operator is related to the existence of the error, especially in light of Federal Decree-Law No. (4) of 2012 deviates from the general rules in civil liability and considers the absolute objective theory as the basis for nuclear civil liability, considering that the nuclear operator bears absolute responsibility for all damages that prove to have been caused by a nuclear accident, whether it was caused by mistake, or intentionally And whether the damage was caused directly or by cause, in addition to reviewing the exceptions to the principle of exclusive liability of the operator of the nuclear facility for damages resulting from the nuclear accident, and indicating cases of exempting the operator from compensation in whole or in part according to the amount of negligence and negligence that may have caused the damage that occurred. The victim was injured. The research has reached several results, the most important of which is that according to Federal Decree-Law No. (4) of 2012 regarding civil liability for nuclear damage and the Vienna Convention of 1997 AD, the nuclear operator is considered fully objectively liable for all damages resulting from the nuclear accident, whether it was a result of a mistake. Or not, and whether the damage was a direct result of the nuclear accident, or because of it. The research recommended that the Federal Decree-Law No. (4) of 2012 regarding civil liability for nuclear damage stipulate the failure to establish nuclear civil liability against the nuclear operator for damages resulting from a nuclear accident directly due to a serious natural disaster of an exceptional nature - as a case Exempting the victim from civil liability, and the researcher believes that it was more appropriate for the UAE legislator to stipulate this case as one of the cases of exempting the nuclear operator from civil liability, in compliance with what was stated in the Vienna Convention of 1997.

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