Contemporary international Law:Regulating the upcoming fukushima radioactive wastewater discharge

Abstract

In April 2021, the Japanese government decided to release tonnes of radioactive wastewater from the wrecked Fukushima nuclear power plant into the ocean, a decision that will likely to pose a direct threat to the marine environment of not only Japan, but also the jurisdictional waters of neighboring countries. Legal measures such as litigation against Japan has been an option for the neighboring countries, although they require more time than available, unless interim measure are ordered. Based on a multidisciplinary research approach that integrates open-source research data, authoritative data and conclusions, this paper shows that since the ocean is a complex and changeable system and radionuclides could be redistributed by the ocean currents and eddies, the radioactive wastewater discharge will cause or likely to cause contamination in fish products and fishing grounds and have negative impact on marine life and humans. In response to the widely known skepticism regarding the application and efficiency of international law concerning the 2011 Fukushima Daichii accident, this paper argues that the nuclear law, ocean law and general principles of international law do provide sufficient constraints on the forthcoming radioactive wastewater discharge. Among the IAEA's legal documents, the Convention on Nuclear Safety (CNS) and the Convention on Early Notification are the most applicable conventions to the Fukushima radioactive wastewater discharge. Treaty interpretation of the “at sea” element in the London Dumping Convention and its Protocol is crucial to determine the legitimacy of the planned oceanic discharge activity of Japan. In addition, legal characterization of sources of pollution, the place in which the oceanic discharge activity occurred and Japan's substantive and procedural obligation under the United Nations Convention on the Law of the Sea (UNCLOS) will also affect the treaty application in the forthcoming oceanic discharge. This paper proposes that for the international community as a whole, long term (regional and global cooperation) and short-term measures (inter-State cooperation) need to be taken into consideration in order to tackle Japan's decision as well as laying the framework for any similar discharges that could follow Japan's example.