The Insurance against Civil Liability Arising from Nuclear Damage

Abstract

The appearance of nuclear reactors for generating electricity power is regarded as one of the major developments in energy industry and a first step to replace the ordinary resources depending on oil or coal producing techniques. In spite of the fact that this new source of energy has practical and efficiency privileges, the risk inherited in this kind of power and the untold probable damage that may arise from is one of the causes impeding the countries of the world to depend upon. For this cause, this research exposes the issue of insurance and insurance coverage for this nuclear energy. The leap frog demand on electricity supplies in United Arab Emirates enhances this country to set its face for this kind of energy owing to their characteristics and merits. In order to make the UAE nuclear program compatible with the international convention and its obligation , the UAE legislator issued his Federal Act No.4 2012 which impose on the nuclear reactor operator provide insurance policy or monetary guarantee to respond to the civil liability suits of the probable damage arising from these nuclear reactors. The insurance against nuclear operator liability is a real and serious exception of the general principles of insurance against civil liability, the nuclear reactors are in their first step of appearance, i.e the persons who are obliged to provide insurance are not as many as in their numbers to be covered by insurance as well as the nuclear risks are rare-from one side- and have untold consequences-from the other- and both are not compatible with the general principles of insurance. This research is a serious attempt to understand this distinguished type of insurance against civil liability, illustrating how the international conventions and national legislations deal with the nuclear risks which are not compatible with the general principles of insurance, for reaching full coverage as much as possible for nuclear operator for benefit of others who are affected by problable nuclear accidents