Japanese nuclear pollution water discharge sea 违 违 违 违
October 17, 2023 11:18 Source: "China Social Sciences", October 17, 2023, Issue 2752, author: Wang Jinpeng Du Yuning

August 24, 2023,The Japanese government launched the Fukushima nuclear accident pollution water and sea programs。This behavior of the Japanese government violates the principle of "not harm the environment of other countries" as the cornerstone of the international environmental law,It also violates the "United Nations Convention on Ocean Law" and "Nuclear Safety Convention" and other regulations. Chinese cooperation、Good intentions for negotiation、International Law Obligations such as environmental impact assessment and environmental monitoring。For this,The international community can take corresponding measures to actively cope with。

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March 2011,Due to earthquake、Tsunami and the Japanese government and Tokyo Power Company are not able to deal with it,A serious nuclear accident occurred in the Fukushima first nuclear power plant in Japan,Caused the melting of the core、Safety shell damage and radioactive substance leak,and produced a large amount of nuclear pollution water。After the accident,Tokyo Electric Power Co., Ltd. accepts the Japanese government's funding,The organization established by the Japanese government becomes its controlling shareholder。April 2021,The Japanese government decides,Dilute the more than one million cubic meters of nuclear pollution water within two years and discharge it to the Pacific Ocean,and request the International Atomic Energy Agency (IAEA) to review the safety issues of its nuclear pollution water schedule。July 2022,Japanese nuclear regulatory agency atomic energy regulation committee recognizes the nuclear bet365 best casino games pollution water drainage plan of the Fukushima Nuclear Power Station of Tokyo Electric Power Company。July 2023,International Atomic Energy Agency released a comprehensive report of safety review,I believe that the Japanese nuclear pollution water discharge plan meets its so -called "safety standards",But the report failed to fully reflect the opinions of all experts participating in the evaluation work。According to the plan,Fukushima nuclear pollution water will flow into the ocean through the submarine pipeline,This has aroused strong opposition from the international community。

  Nuclear sewage discharge sea illegal certificates as 

Japanese nuclear pollution water exhaust behavior has illegality in international law,Violation of its international law obligations。

First,This behavior violates the principle of "not harm the environment of other countries"。The Declaration of the UN Human Environment Conference in 1972 requires activities of various countries to not cause environmental damage outside its jurisdiction; in 1982, there were similar regulations in the United Nations Convention on the Marine Law; "It also clearly states that countries should avoid cross -border environmental damage。The principle of "not damaged the environment of other countries" has developed into an important rule of international practice,Requires countries to take all appropriate measures,To prevent activities under its jurisdiction or control, causing major cross -border environmental damage,or reduce the risk of its occurrence。In this nuclear accident,The Japanese government and Tokyo Electric Power Company are incorrect in terms of accident treatment and nuclear pollution water treatment。In terms of accident handling,Tokyo Electric Power Company did not use seawater cooling in time at the beginning of the accident,As a result, Bet365 lotto review the situation is intensified。The judgment of the Sapporo District Court in Japan also pointed out,"The Japanese government does not exercise relevant regulatory powers and the incomplete countermeasures of Tokyo Electric Power Company to deal with the tsunami related to the tsunami,Causes the occurrence of an accident "。In terms of nuclear pollution water treatment,The multi-core processing system (ALPS) used in Japan cannot completely eliminate a variety of radioactive substances such as carbon-14,and most of the nuclein that is mostly half -life。Therefore,Nuclear pollution water exhaust the sea may be in the waters of surrounding countries,and the global marine ecological environment and biological resources cause significant damage。other,Japan is not only the choice of rowing nuclear pollution water,You can use the concrete to be cured and buried in the ground、Inject the depths of the strata with a pipeline、Steam release or continue to store other solutions。But Japan only expires on the expiry of the water storage tank capacity,Passing major potential risks to neighboring countries and international communities,It undoubtedly violates the principle of "not harm the environment of other countries" and the obligation of protection and preservation of the marine environment stipulated in the Convention on the United Nations Marine Law。

2,Japan has not fulfilled the corresponding international cooperation and good -faith consultation obligations。According to the relevant regulations of international law,When the activities under or controlled by a country may cause damage to other countries,The country should be based on reasonable taking into account the legitimate rights and interests of other countries,good faith negotiations or consultations with other countries。But after the accident,Japan has never exchanged information and intelligence exchanges bet365 best casino games with the country in accordance with the "Convention on the United Nations Marine Law", "Early Reporting Nuclear Accident Convention" and "Nuclear Safety Convention".,I did not inform relevant countries in time and fully negotiated with it。other,According to the relevant requirements of the "Declaration of the United Nations People's Rights",Japan should also conduct effective consultations and discussions with its aboriginal groups and other domestic aboriginal groups,But in fact the Japanese government has no corresponding action。August 2023,Ambassador Geng Shuang, deputy representative of the Chinese Permanent Representative of the United Nations,Japan should "communicate with the relevant country and the interests of the state and the interests of the interests"。

third,Japan has not fulfilled effective environmental impact assessment and monitoring procedures。Japan before launching the sea of ​​row,Real data of nuclear sewage and environmental assessment is not announced,Only unilaterally claims that the radioactive substances contained in nuclear pollution water after treatment are less impact。Emissions of nuclear accident pollution water entering the sea unprecedented,The long -term impact on this approach must be carefully estimated。According to Article 206 of the Convention on the United Nations Marine Law,Japan should conduct strict radioactive environmental impact assessment,and submit it to the relevant competent international organization,and the relevant international organization will report to provide relevant countries。but actually,Japan does not provide an environmental evaluation report to the competent international organization。other,The Japanese government did not prove the completeness and effectiveness of its nuclear pollution water row monitoring scheme。On the one hand,Tokyo Electric Power Company bet365 live casino games Storage of nuclear pollutant water in the water storage tank of the water storage tanks in the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the water storage tanks of the nuclear pollution water are not announced to the international community; on the other hand,,The Japanese government has no time、Transparent ways to publish credible data information to the interests of the interests of the country and the international community。2021 The Japanese Atomic Energy Regulation Committee also recognizes,Due to rush to deal with nuclear pollution water,The inspection procedures before the "formal operation" of the multi -nuclein processing system are insufficient。

  Strategy of the affected country 

Action for Japanese nuclear pollution water,May affected countries can actively use international law mechanisms,Requires it to bear the responsibility of the corresponding international law。

First,The International Atomic Energy Agency claims that it will continue to monitor and evaluate the on -site monitoring and evaluation of the Fukushima nuclear pollution water in Fukushima in Japan,Therefore, it may be affected by the country that can promote the establishment of an independent and effective long -term international monitoring mechanism as soon as possible。May affected countries should be sent to the international atomic energy agencies to participate、Monitoring and Supervision and other processes。The international mechanism of long -term monitoring should continue to carry out the monitoring and evaluation of the operation of the operation of the multi -nuclein treatment system and the environmental pollution water environment,Any credible data information is published to the interests。

2,It may be affected by the country's joint urging UN General Assembly to pass the resolution,Requires the International Court to issue legal consultation opinions on the legitimacy of the Fukushima nuclear bet365 best casino games pollution water in Japan,Or the International Ocean Law Court made legal consultation opinions through the regional fishery committee or other methods。Japanese emission nuclear pollution water into the sea has unprecedented,To some extent, it belongs to emerging problems in international law。Consultation opinions from international judicial institutions have no legal restraint,However, it can provide more authoritative legal opinions on the illegal opinion of Japanese nuclear pollution of water in Japan.,Promote Japan to correct its illegal behavior。

third,Perhaps affected countries or damages can solve procedures through international disputes,The risk or damage liability caused by the Japanese emissions of nuclear bet365 best casino games pollution water in Japan,Requires to stop damage and compensate for compensation。When the Japanese nuclear pollution water is exhausting the sea may cause irreparable damage to the marine environment or other legitimate rights and interests of related countries,These countries can request the International Court or the International Ocean Law Court to issue temporary measures to issue temporary measures,Requires Japan to suspend nuclear pollution water for the sea。other,Including neighboring countries, including my country,It also has the right to continue tracking monitoring and data collection for the cross -border environmental impact caused by nuclear pollution water in Japan,Provides severe scientific evidence for proven in international judicial mechanisms to prove that Japanese nuclear pollution water is caused by severe environmental damage。

  (This article is the major special project of the National Social Science Foundation (20VHQ001) phase results) 

(The author is an associate professor of the School of Law of China Ocean University of China; Ph.D. School of Law School of China Ocean University) 

 

Editor in charge: Cui Bohan
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