The application of the precautionary principle in the decision of releasing Fukushima radioactive contaminated water into the sea

Abstract

The “precautionary principle” is an important and forward-looking principle. Its advancement lies in surmount any time lag in scientific knowledge. As the importance of protecting against unknown hazards has increased, the precautionary principle has been widely accepted by international and domestic legal instruments. By examining international legal documents and judicial practices, it can be found that the legal effect and legal connotation of the precautionary principle have been constantly improved in international law. At the same time, the Precautionary principle in international judicial practice has also changed from initial hesitation and caution to acceptance, even promotion. Japan's decision to release radioactive contaminated water clearly violates the precautionary principle. However, due to normative deficiencies in the precautionary principle itself, it remains unclear which acts should be performed byobligatory parties to be regarded as fulfilling their precautionary obligation. These deficiencies may cause the precautionary principle cannot be truly implemented in international judicial practice. Despite some vagueness, it is still possible to extract the two most basic responsibilities from international judicial practice, and their legal connotations in fulfillment of the precautionary principle: first, to consult with other stakeholders and second, to stop potentially dangerous behaviors that may cause serious and irreversible damage to the environment. At a legal level, to address Japan’s decision, the precautionary principle can regulate pollution discharge in two forms: customary international law and the general principle of international law. From the perspective of people’s survival, safety, and development sustainability, it is imperative to apply the precautionary principle to this incident. The decision of the Japanese government to discharge nuclear-polluted water into the Pacific Ocean is a serious breach of international law, because it was only considered in terms of technical feasibility and not in terms of international legal implications.