Legal challenges of regulating cross-border nuclear pollution from ship ballast water under the background of fukushima wastewater release and China’s response

Abstract

The Japanese government has initiated plans to release water contaminated The international community has yet to fully recognize the accelerated spread of nuclear-contaminated water through ship ballast water along the Japanese route. This increases the risk of nuclear exposure for crew members and poses ecological and environmental contamination risks to port waters, inland seas, and rivers. The lack of international attention to the marine nuclear safety crisis caused by nuclear pollution from ballast water, along with the absence of corresponding legal prevention and control mechanisms and technical safeguards, remains a critical issue. From the perspective of international law, preventing the spread of Fukushima wastewater through ship ballast water faces numerous legal challenges, including disputes over the applicability of conventions, the jurisdiction of international organizations, and mechanisms for cross-border accountability for marine nuclear pollution. As a major shipping nation adjacent to Japan, China faces significant risks of nuclear pollution from ballast water along the Japanese route. To counter such risks, it is recommended to propose measures through the International Maritime Organization to elevate international attention. Moreover, refining ballast water regulatory frameworks, establishing monitoring and warning mechanisms specific to nuclear pollution from ballast water, improving the technical capabilities of ballast water treatment systems, and promoting international cooperation in monitoring marine environments and preventing pollution are also advisable.