International law obligations for the disposal of Fukushima nuclear-contaminated water under the principles of nuclear safety

IF 3.9 4区 环境科学与生态学 Q2 ENVIRONMENTAL STUDIES Chinese Journal of Population Resources and Environment Pub Date : 2024-03-01 DOI:10.1016/j.cjpre.2024.03.002
Wei Gong
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Abstract

The disposal of contaminated water from Japan’s Fukushima nuclear power plant is a significant international nuclear safety issue with considerable cross-border implications. This matter requires compliance not only with the law of the sea but also with the principles of nuclear safety under international law. These principles serve as the overarching tenet of international and China’s domestic nuclear laws, applicable to nuclear facilities and activities. The principle of safety in nuclear activities is fully recognized in international and domestic laws, carrying broad legal binding force. Japan’s discharge of nuclear-contaminated water into the sea violates its obligations under the principle of safety in nuclear activities, including commitments to optimum protection, as low as reasonably practicable, and prevention. The Japanese government and the International Atomic Energy Agency (IAEA) have breached the obligation of optimum protection by restricting the scope of assessments, substituting core concepts, and shielding dissenting views. In the absence of clear radiation standards, they have acted unilaterally without fulfilling the obligation as low as reasonably practicable principle. The discharge of Fukushima nuclear-contaminated water poses an imminent and unpredictable risk to all countries worldwide, including Japanese residents. Japan and the IAEA should fulfill their obligations under international law regarding disposal, adhering to the principles of nuclear safety, including optimum protection, the obligation as low as reasonably practicable, and prevention through multilateral cooperation. Specifically, the obligation to provide optimum protection should be implemented by re-evaluating the most reliable disposal technologies and methods currently available and comprehensively assessing various options. The standard of the obligation as low as reasonably practicable requires that the minimization of negative impacts on human health, livelihoods, and the environment should not be subordinated to considerations of cutting costs and expenses. Multilateral cooperation should be promoted through the establishment of sound multilateral long-term monitoring mechanisms for the discharge of nuclear-contaminated water, notification and consultation obligations, and periodic assessments. These obligations under international law were fulfilled after the accidents at the Three Mile Island and Chernobyl nuclear power plants. The implications of the principles of nuclear safety align with the concept of building a community of shared future for nuclear safety advocated by China. In cases of violations of international law regarding the disposal of nuclear-contaminated water that jeopardize the concept of a community of a shared future for nuclear safety, China can also rely on its own strength to promote the implementation of due obligations through self-help.

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根据核安全原则处置福岛核污染水的国际法义务
日本福岛核电站污染水的处理是一个重大的国际核安全问题,具有相当大的跨境影响。这一问题不仅需要遵守海洋法,还需要遵守国际法核安全原则。这些原则是适用于核设施和核活动的国际法和中国国内核法律的总体原则。核活动安全原则得到了国际法和国内法的充分认可,具有广泛的法律约束力。日本向海洋排放核污染水违反了其在核活动安全原则下的义务,包括最佳保护、合理可行的最低限度和预防等承诺。日本政府和国际原子能机构(IAEA)通过限制评估范围、替换核心概念和屏蔽不同意见,违反了最佳保护的义务。在没有明确辐射标准的情况下,它们单方面采取行动,没有履行 "合理可行的最低限度 "原则的义务。福岛核污染水的排放给包括日本居民在内的世界各国带来了迫在眉睫和不可预测的风险。日本和国际原子能机构应履行国际法规定的处置义务,坚持核安全原则,包括最佳保护、合理可行的最低限度义务以及通过多边合作进行预防。具体而言,应通过重新评估现有最可靠的处置技术和方法,全面评估各种备选方案,履行提供最佳保护的义务。合理可行的最低限度义务的标准要求,最大限度地减少对人类健康、生计和环境的负面影响不应服从于削减成本和费用的考虑。应通过建立健全核污染水排放的多边长期监测机制、通知和磋商义务以及定期评估来促进多边合作。三里岛核电站和切尔诺贝利核电站事故发生后,国际法规定的这些义务已得到履行。核安全原则的含义与中国倡导的 "构建核安全未来共享共同体 "的理念不谋而合。在核污染水处理违反国际法、危及核安全未来共享共同体理念的情况下,中国也可以依靠自身力量,通过自救推动履行应尽的义务。
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来源期刊
CiteScore
4.30
自引率
1.10%
发文量
791
审稿时长
79 days
期刊介绍: The Chinese Journal of Population, Resources and Environment (CJPRE) is a peer-reviewed international academic journal that publishes original research in the fields of economic, population, resource, and environment studies as they relate to sustainable development. The journal aims to address and evaluate theoretical frameworks, capability building initiatives, strategic goals, ethical values, empirical research, methodologies, and techniques in the field. CJPRE began publication in 1992 and is sponsored by the Chinese Society for Sustainable Development (CSSD), the Research Center for Sustainable Development of Shandong Province, the Administrative Center for China's Agenda 21 (ACCA21), and Shandong Normal University. The Chinese title of the journal was inscribed by the former Chinese leader, Mr. Deng Xiaoping. Initially focused on China's advances in sustainable development, CJPRE now also highlights global developments from both developed and developing countries.
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