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

作　　者：Wei Gong 

机构地区：[1]Law School,Southwest University,Chongqing 400715,China

出　　处：《Chinese Journal of Population,Resources and Environment》2024年第1期10-19,共10页中国人口·资源与环境（英文版）

基　　金：funded by the Research on National Greenhouse Gas Emission Reduction Obligations under the Carbon Peak and Carbon Neutral Commitment,General Program of Humanities and Social Sciences,Ministry of Education of China[Grant No.21YJA820010].

摘　　要：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 cuttin

关 键 词：Principles of nuclear safety Disposal of nuclear-contaminated water Optimum protection Prevention As low as reasonably achievable 

分 类 号：D996.9[政治法律—环境与资源保护法学] D999.2[政治法律—经济法学] X55[政治法律—国际法学] X771[政治法律—法学]