A large amount of nuclear waste water was generated after the Fukushima nuclear accident in Japan,Tokyo Electric Power Company used to store the storage tanks of purified wastewater is expected to reach the upper limit of storage in the fall of 2022,In order to prevent the operation of the waste,The Japanese government unilaterally announces that the nuclear waste water will be exhausted in the future,Try to "reduce the harm through the dilution of the seawater"。The Japanese government's attempt to push the crisis of national nuclear pollution to the international public space,A piece of uproar and general dissatisfaction caused by the international community。This article attempts to analyze the obstacles of the current international law in regulating Japanese sea excrement from the perspective of international law,and propose a strategy of breaking these obstacles。
Bet365 lotto review
Marine environment is the basis for human survival and development。To protect the marine environment,The United Nations Convention on the Law of the United Nations, "Early Report Nuclear Accident Convention", "Nuclear Safety Convention" and "Prevention and other material pollution of the Marine Convention" (hereinafter referred to as the London Convention),The international law protection system that constitutes the marine environment。The Japanese government as the parties to these Convention,Responsible to protect the marine environment,It is also obliged to control the source of pollution from polluting pollution of the marine environment,Its unilateral decision will be suspected of violating the purpose and obligations of the above conventions for suspected violation of the above conventions。But after in -depth analysis,It can be found that the current international law system is inadequate for the decision bet365 best casino games -making decision -making decision -making decision -making decision -making and sea discharge of the Japanese government.。
First,The clauses of the current international regulations systems are not perfect。Most of the provisions of the current international law on nuclear security are principled regulations,It is difficult to effectively execute after the occurrence of nuclear pollution,Even if it is executed, it is difficult to achieve the expected effect,The Convention on the Early Report Nuclear Accidents did not clearly specify the time and content of the notification。other,The London Convention also has strict regulations、Limited coverage and other questions。The third of its scope of the "sea" is detailed,refers to removing all waters other than domestic water,Therefore, the inner sea areas of various countries are not within the regulation of the London Convention,This also provides a way for Japan to avoid the London Convention。According to the Japan Broadcasting Association (NHK) August 24, 2021,Japanese government and Dongdian Company decided to discharge nuclear waste water at the coast of about one kilometer from the submarine tunnel to the coast of the nuclear power plant,The location of the emission belongs to the Japanese inner sea,It just avoided the scope of applicable to the London Convention,There will be greater difficulties in accountability。other,The Special License System stipulated in Article 4 of the London Convention,The provisions of "No other law can be dumped" stipulated in Article 5,provides "excuses" for all countries to dump,Is not conducive to effectively controlling the dumping of various wastes in the ocean to the ocean,It is also not conducive to the responsibility of the contracting country that causes cross -border environmental damage。
Next,The current international law mechanism has difficulties in the certificate of violations of the Convention of the contract。About the question of attribution,There are two main parts in international law,First, it is a behavior that violates the obligations of international law,Second, behavior can be attributed Bet365 lotto review to the country。So far,The international community has not yet made compensation requests to Japan on the damage caused by the Fukushima nuclear pollution accident,South Korea tried to sue Japan through the International Court,But in the end, the difficulty of investigation is too difficult to achieve。This can be seen,Prove that there are many difficulties in violation of the Convention of the Contracting State。One,Difficulties in the Cause and Cause relationship。Cause and effect is a major component of the liability for infringement,Due to the diffusion of nuclear pollution and influence, it takes a period of time,belongs to "post -loss damage",The damage caused by it has a large span in time and space,The ultimate occurrence of damage that is difficult to determine is due to the results of nuclear pollution or other pollution common effects。Its two,Difficulties in the quantification of environmental damage。There is no quantitative standard for environmental damage in the international community,Fukushima nuclear pollution,It has not caused obvious substantial cross -border damage,This makes it difficult to hold Japan's responsibility。Its three,Avoiding national responsibility in the field of cross -border damage。In the dozens of years from the arbitration case from the Treier smelter,The international community has not proposed similar compensation cases,In the Chel Nobel nuclear accident,Even if there is evidence to prove the loss,No country has proposed damage compensation for it,In the final analysis, because the country operating the nuclear power plant itself is worried about being implicated in the future, it is unwilling to open such a precedent。
Last,The current nuclear safety supervision and management mechanism is yet to be strengthened。In terms of nuclear safety supervision and management mechanism,There are certain defects in the existing system。One is that there are fewer international organizations related to nuclear security,Except the international atomic energy agency,Most of Bet365 lotto review them are academic and regional organizations,There is a small effect on regulating the global nuclear security。The second is that the nuclear power plant regulatory mechanism of various countries lacks independence。Atomic Energy Security Institute as an independent regulatory agency in Japan's nuclear security,It is actually not independent,It is restrained in the Economic and Industry Province,The communication with Tokyo Power Company is only based on the technical level,Not a formal supervision relationship,When there is contradiction between nuclear energy security and economic development,The balance of weighing is often tilted to the development side because of the high cost of nuclear safety technology,Independence that it should be seriously lacking as a nuclear safety regulatory agency。The third is that the atomic energy institution itself exists in personnel and regional restrictions,It is difficult to check and supervise the real situation of global nuclear facilities in detail,The review meeting can only solve the form of the report on the report,The supervisor executor in the substantive sense is still the country itself,and the supervision of the atomic energy agency must take the request of the country as the requirements,belonging to a soft supervision。Actually,Countries are both supervisors,Also executor,This has led to a great decline in the constraints of the international treaty。
The path of regulating the future discharge behavior of Japan
Improve relevant international treaties。Countries should take the Fukushima nuclear accident as a lesson,Further discuss and improve the current international treaty。One,Refine the principle clause as soon as possible。It should be clearly classified and classified and formulated the relevant judgment standards,When cross -border nuclear pollution damage occurs,,It should be clearly clarified to all standards,Reduce the occurrence of disputes。Its two,Improve the "Early Report Nuclear Convention Convention" on the notification time、Content and method、Regulations on liability for breach bet365 live casino games of contract and coordination mechanism。In the Fukushima nuclear accident,Dongdian Corporation's concealment of the accident and not notifying the accident in time has also made the Japanese government miss the best time to deal with nuclear accidents,Deepen the degree of damage。Its three,Article 3 of the London Convention stipulates the scope of "sea",This regulation actually splits the connectivity of the inner and outer sea,Is unreasonable,It should be modified for it。Four,The London Convention and the Nuclear Safety Convention are mentioned in the provisions of special licenses,This also indicates,As long as the Special License of the Contracting State obtained in advance is the waste and other substances listed in the second middle school in the ocean,This move will allow some countries to use this system to make a large number of toxic and harmful substances enter the ocean,Damage to the marine ecology,It should be modified for it。Last,Japan this time aims to use the underwater tunnel to discharge the nuclear waste water through the land source,To avoid the application of the London Convention,Subsequent improvement or establishing a new treaty,It should focus on the harmfulness of Lu Yuanpaihai,and regulate。
Improve the proof system of international law on cross -border pollution damage。In terms of causal relationships,In view of the long latent period of nuclear pollution infringement、Time and spatial span is large,It can be implemented with causal certification responsibilities,The victim's country only needs to have preliminary evidence to prove that nuclear pollution has occurred,and suffer damage due to nuclear pollution,There is no causal relationship between the state of harm to the damage between nuclear pollution and the damage of the victimized country。Another,Quantitative standards for environmental damage,It can be calculated by using the actual damage value and the cost of purifying the environment.,That is, adhering to the "Payment Principles of Pollutors" used by countries around the world to solve environmental bet365 live casino games damage responsibilities ",From the development and utilization environment and resources or discharge pollutants,and pay compensation fees for the environmental damage formed by the environment for the environment caused by the environmental damage。Last,The state shall bear the final supplementary compensation liability。Choose the site at the nuclear power plant、Safety review、Emergency measures and other aspects have certain regulatory obligations,Then it should bear the corresponding responsibility in accordance with the relevant provisions of international law,and once an accident occurs in the nuclear power plant,The loss caused by the operator of the nuclear power plant cannot bear it alone,So,The state shall bear supplementary compensation liability when the loss exceeds the capacity of the operator。
Improve the nuclear safety supervision mechanism。First,Countries should work together to improve the transparency and fully spread of information。Accurate information report is the prerequisite and foundation of responding to the emergencies in time,Can effectively control the spread of nuclear pollution,Reduce damage to the country and other countries。Next,It should be supervised by the international atomic energy agencies based on the treaty's nuclear security status of nuclear facilities in various countries,Forms a global nuclear security system。At the same time,Promote regional cooperation interconnection,Establish a new regional nuclear security mechanism,jointly improve the level of nuclear safety in the region,Forms mutual supervision、Regional nuclear safety mechanism for cooperation。Another,Due to nuclear safety supervision, it is professional,Countries should set up a special independent regulatory agency,Give it a higher administrative level,Make it independent、Objective、Scientifically perform nuclear energy supervision,Not subject to external intervention and pressure,Then improve the domestic nuclear security system。other,Atomic energy agencies should ensure Bet365 lotto review the transparency of supervision,Pay attention to international and domestic opinions and suggestions,To achieve effective supervision of nuclear power stations in various countries。Last,The interconnection between the atomic energy institution and the countries should be strengthened,Promote the establishment of an expert group,Randomly selects nuclear power reactors of some countries every year to receive inspections and tests,As a result, the monitored nuclear power plant is evaluated,To strengthen the supervision of nuclear safety facilities in various countries。
(Author Unit: Law School of Guangxi Normal University)
Friendship link: Official website of the Chinese Academy of Social Sciences |
Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>