Marine environmental governance for nuclear pollution: From the perspective of China's response to Japan's Fukushima nuclear wastewater discharge

Abstract

The global discourse surrounding the Japanese government's decision to release wastewater resulting from one of the most catastrophic nuclear crises in human history into the ocean has sparked intense deliberation within the international community. It is thus observed that the release of Fukushima nuclear wastewater has triggered a series of legal disputes, particularly in China, which has taken a firm stance against this action. Within China's legal circles, there has been a spirited dialogue on strategies from both international and domestic aspects to protect marine governance outcomes and safeguard the interests of Chinese citizens and enterprises in response to this matter. Accordingly, this article examines various international directives governing nuclear wastewater discharge. It asserts that, given the anticipated legal conflicts related to marine governance, exclusive reliance on the international legal framework may prove inadequate for China's response. Consequently, in response to the adverse impact of Japan's nuclear wastewater discharge into the ocean by 2023, this article posits an alternative approach rooted in China's domestic legal system and the perspective of judicial proceedings. This approach underscores the importance of precisely and adaptively applying specific legal provisions governing nuclear wastewater discharge and compensation claims, both domestically and internationally. To this end, China's endeavors should prioritize the enhancement of regulations pertaining to nuclear wastewater discharge, along with the establishment of systems such as a public welfare fund and subrogation mechanisms. Moreover, it is advisable that China augments its judicial authentication system and public interest litigation system to ensure the effective implementation of these measures.