Tort law makes a quantum leap: a review of the civil liability regime for nuclear operators in UAE law
| DOI | https://doi.org/10.1108/JPPEL-05-2020-0023 |
| Pages | 17-30 |
| Date | 28 July 2020 |
| Published date | 28 July 2020 |
| Subject Matter | Real estate & property,Property law,Property management & built environment |
| Author | Iyad Mohammad Jadalhaq,Enas Mohammad Alqodsi |
Tort law makes a quantum leap: a
review of the civil liability regime
for nuclear operators in UAE law
Iyad Mohammad Jadalhaq
Department of Legal Studies, Zayed University,
Abu Dhabi, United Arab Emirates, and
Enas Mohammad Alqodsi
Department of Law, Abu Dhabi University, Abu Dhabi, United Arab Emirates
Abstract
Purpose –This study aims to illustrate the special liability regime applying to a nuclear operator for
damage caused to individuals, property and natural resources, after the United Arab Emirates (UAE)
implementedthe Vienna Convention on Civil Liability for Nuclear Damage of 1963 through FederalLaw No. 4
of 2012. This paper contrasts thisspecial regime with the default regime of civil liability set out in the UAE
Civil Code. The comparisonhelps clarify the legal nature of nuclear operator liability, the extent of protection
it affords to the parties injured in a nuclear incident, the conditions under which it obtains, as well as the
differentdamage headings it allows.
Design/methodology/approach –This paper is a desk-basedlegal research.
Findings –The main noveltiesenshrined in the special liability regime for nuclearfacility operators are the
adoption of an objective approach (strict liability) and the introduction of exceptions different from those
contemplated in thedefault regime spelled out in the UAE Civil Code,thereby affording greater protection to
victims of nuclearleakages.
Originality/value –This paper is a first in-depth commentary of UAE Federal Law No. 4 of 2012
Concerning Civil Liability for Nuclear Damage. Considering the UAE’s dualistic approach to the
implementation of international obligations, and the present lack of reliable alternative avenues towards
compensation beyond privateoperator liability, the overview provided here will be of value to regionaland
internationalpractitioners –including from neighbouringcountries to the UAE (Oman, Qatar, Bahrain) –that
are not currentlysignatories to any convention on nuclear liability.
Keywords United Arab Emirates, Radioactive release, Vienna Convention, Tort, Civil liability,
Nuclear liability
Paper type Technical paper
1. Introduction
Since publication of its 2008policy white paper on the evaluation and potential development
of civilian nuclear energy(Government of the UAE, 2008), the United Arab Emirates (UAE)
has been actively pursuing the development of peaceful nuclear capabilities, as part of a
strategy to diversify its energy supply in the face of the demands posed by increasing
population (e.g. waterde-salinisation) and an expanding economy (Sim,2012). This has been
made possible, at an international level, by undertaking commitments to refrain from
developing proliferation-sensitive capabilities (Fakhoury, 2020), such as uranium
The authors would like to thank the two anonymous referees for their helpful comments and Luigi
Russi, PhD (www.peerwith.expert/lrussi) for English language editing.
Nuclear
operators in
UAE law
17
Received4 May 2020
Revised18 June 2020
Accepted18 June 2020
Journalof Property, Planning and
EnvironmentalLaw
Vol.13 No. 1, 2021
pp. 17-30
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-05-2020-0023
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