Tort law makes a quantum leap: a review of the civil liability regime for nuclear operators in UAE law

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Iyad Mohammad Jadalhaq ◽  
Enas Mohammad Alqodsi
Keyword(s):  
United Arab Emirates ◽  
Strict Liability ◽  
Civil Liability ◽  
Civil Code ◽  
Vienna Convention ◽  
Federal Law ◽  
Nuclear Operator ◽  
Content Type ◽  
Quantum Leap ◽  
Nuclear Damage

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) implemented the Vienna Convention on Civil Liability for Nuclear Damage of 1963 through Federal Law No. 4 of 2012. This paper contrasts this special regime with the default regime of civil liability set out in the UAE Civil Code. The comparison helps 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 different damage headings it allows. Design/methodology/approach This paper is a desk-based legal research. Findings The main novelties enshrined in the special liability regime for nuclear facility operators are the adoption of an objective approach (strict liability) and the introduction of exceptions different from those contemplated in the default regime spelled out in the UAE Civil Code, thereby affording greater protection to victims of nuclear leakages. 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 private operator liability, the overview provided here will be of value to regional and international practitioners – including from neighbouring countries to the UAE (Oman, Qatar, Bahrain) – that are not currently signatories to any convention on nuclear liability.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The Law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

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