The Legal Basis for Civil Liability in the Nuclear Field

Abstract

This study examined the legal basis of civil liability in the nuclear field by assessing the feasibility of fault-based liability, whether it is based on proven fault or presumed fault, to establish civil liability for nuclear damages. Furthermore, the study addressed strict liability as the most suitable solution for establishing liability in the nuclear field, given the inadequacy of fault-based liability in addressing the issues of nuclear incidents and compensation for them. The study recommended the necessity of implementing strict and absolute liability in the nuclear field to protect individuals, society, and the environment from the catastrophic severity of nuclear incidents. It emphasized the importance of focusing on all means of nuclear safety and security to avoid any nuclear incident, and the significance of solidarity among nuclear operators and insurance pools and funds when facing nuclear incidents and addressing the severe damages they cause.