Reflections on international dispute settlement mechanisms for the Fukushima contaminated water discharge

Abstract

The Japanese government's attempt to discharge the water contaminated by the Fukushima nuclear reactor into the sea raises some international legal issues. International law prescribes settlement mechanisms for disputes relating to transboundary environmental damage; however, legal challenges have appeared in the disposal of the Fukushima contaminated water discharge. This paper argues that despite the uncertainty of the potential pollution damage of the discharge plan, Japan's decision has already violated multiple obligations arising from international conventions, customary international laws, and the general principles of law. This paper, after a wide examination of the possible international dispute settlement mechanisms, proposes that certain actions will be beneficial for potentially affected states: applying for an advisory procedure or requesting provisional measures under a contentious procedure. Furthermore, the Fukushima incident presents the international community with an opportunity to consider legal questions related to the consequences of nuclear accidents in the future, including the disposal standards and procedures of nuclear-contaminated materials particularly. Furthermore, to concretize the procedural and substantive requirements according to the international laws, a new international cooperative mechanism is needed.