Tort Liability for Trans-boundary Marine Environmental Pollution: Japans Radioactive Wastewater Discharge into the Sea as an Entry Point

Abstract

Currently, the problem of trans-boundary marine environmental pollution is becoming increasingly prominent and Japans insistence on discharging nuclear wastewater despite protests from other countries has raised concerns among the population. Researchers have found that international conventions and other sources of international environmental law are lack of a liability system for trans-boundary environmental pollution. Therefore, this paper looks for gaps by applying the normative analysis method to retrieve the relevant liability system at the institutional level in order to compare and analyze it, and secondly, using the case analysis method to think about how to improve the liability system through case law practical perspective. The study concludes that it can be constructed from two perspectives, namely the responsibility of the State and the tort responsibility of private subject to adopt the system of tortious responsibility and both serve in parallel with that caused by environmental pollution compensate for damage. Due to the irreversibility of environmental pollution, initiating legal proceedings for redress after the event is often not the ultimate goal. Therefore, the ex-ante blocking mechanism need to be further improved and domestic law needs to be constantly improved to compensate for the shortcomings of international law. That help our country deal with the marine environmental pollution to provide methods and ideas.