The Legacy of Japan's Fukushima Nuclear Power Plant Radioactive Wastewater Discharge

초록

This paper critically examines Japan's Fukushima radioactive wastewater discharge, highlighting its transboundary implications and the urgent need for multilateral cooperation. While Japan claims compliance with UNCLOS and the London Protocol, neighboring states dispute this due to unproven safety, unilateralism, and procedural lapses. The analysis reveals legal challenges in holding Japan substantively accountable, given existing framework gaps in the London Protocol and UNCLOS' limited regulatory power. Litigation in fora such as ITLOS face hurdles, with Japan likely facing only procedural rather than substantive violations. Noting diminishing international attention to the matter, the paper calls for new international standards for marine radioactive wastewater discharge that balance nuclear energy development with environmental protection. These should encompass stricter discharge limits, regulated discharge methods to close loopholes, robust international monitoring, and mandatory transparency and public participation. The paper proposes advancing such standards through bilateral cooperation, UN resolutions, and the "reverse leadership" of Pacific Island States.

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