Discharge measures for Fukushima wastewater and South Korea’s response and implications of the WTO Korea-Japan fishery dispute (Korea-Radionuclides) case

Abstract

In the Korea-Fishery Products Importation Restriction case, the Appellate Body rejected the Panel’s decision which solely applied quantitative criteria in assessing Korea’s SPS measures. The Appellate Body’s judgment holding that the location of the accident must also consider qualitative criteria was an affirmation of the point that sufficient scientific evidence was not solely equivalent to quantitative evidence. The case at hand demonstrated the uncertainty of risk that the contaminated water from the incident posed— thereby further showing that quantitative measurements of a certain factor cannot serve as an absolute benchmark for justifying the discharge measures for the contaminated water.