As International Atomic Energy Agency has stated in its Handbook on Nuclear Law, “Even in situations for which the highest standard of safety has been achieved, the occurrence of nuclear accidents cannot be completely excluded.” Therefore, the international legal framework for nuclear damage compensation liability has been evolving since the establishment of Nuclear Energy Agency of Organization for Economic Co-operation and Development (OECD NEA) and International Atomic Energy Agency (IAEA). Over the years, various international treaties have been enacted to address the compensation of nuclear damage and to establish liability regimes for nuclear incidents. To date, these treaties have established a series of legal principles of nuclear damage liability, such as the sole liability principle, the strict liability principle, the financial guarantee principle etc., which have been developing since establishment. This paper offers an overview of the historical development of the principles of these international treaties for nuclear damage liability and thus draws upon both primary and secondary sources, including treaties, official documents, academic literature, and reports by international organizations. Including the legislation study methodology, comparative methodology is also adopted in this paper to analyze the changes and trend of these principles. The paper reveals that the Paris Convention, which was established in 1960, was the first attempt to establish a comprehensive legal regime for nuclear damage liability. Most of the principles of this Convention have been inherited by subsequent international treaties and domestic legislations. With the awareness of protecting public’s rights having been significantly strengthened, the range of compensation has been broader, the matters of immunity from liability for operators of nuclear power plants have been reduced, the limitation of the compensation amount has been higher etc. In conclusion, the international legal regime for nuclear damage liability has been showing a shift from protecting the development of the nuclear industry to a joint protection of both public health and rights and the nuclear industry, which should be paid attention to and deeply learnt by domestic legislators of all states for the establishment and perfection of their domestic legislation in this field.

This study addressed the procedural aspects of the claim for civil liability for nuclear damage in accordance with the newly promulgated Law on Civil Liability for Nuclear Damage No. 4 of 2012 of the United Arab Emirates and the Vienna Convention. The study was divided into two main investigators; the first main investigator examined the parties to the claim for nuclear damage, which, in turn, was split into two main sections: the first section examined the claimant, and the second section examined the defendant. The second main investigator of this paper examined civil liability for nuclear damage, which, in turn, was split into two main sections: the first of which addressed the jurisdiction in the claim for liability for nuclear damage, and the second of which dealt with the time to initiate proceeding. The study based its conclusions on several findings and recommendations, the most important of which was to propose amendments to the Civil Liability for Nuclear Damage Act in line with the general rules of civil liability and the Vienna Convention.