From Japan Fisland Nuclear Leakage Accident Multinational Nuclear Pollution Countries See Responsibility

Since the1954Soviet into the world’s first nuclear power plants start, nuclearpower in various fields, especially in the field of civil nuclear power station has beengreatly promotion and use. From the nuclear power plant construction, operation tonuclear power the satellite launch, and then to nuclear weapons test, the developmentand utilization of nuclear energy to human brought great convenience, to promote theeconomic development and social progress. However, nuclear energy in humanconvenience to at the same time, also be caused terrible nuclear pollution. The formerSoviet union at chernobyl nuclear power plant explosion nuclear pollution fruit morethan not away, the Japanese another serious f island nuclear leakage accidents. Nomatter from the practice of multinational nuclear pollution harm or legal Angleanalysis, Japan should assume multinational nuclear pollution of nationalresponsibility. The traditional national responsibility to the multinational nuclearpollution the responsibility is difficult to apply and with general of the multinationalenvironment than pollution, multinational nuclear pollution has its special place,therefore, this article takes the Japanese f island nuclear leakage accident as a turningpoint, multinational nuclear pollution state analysis problem of responsibility, throughthe national responsibility hope on the pursue, in the compensation of the victims atthe same time, through the liability system to support preventive measures to take.The article will be divided into five parts to the multinational nuclear pollutionproblems of national responsibility. In the first, the second part of the main island ofblessing the process of nuclear leakage accident and multinational harm developingthe analysis, based on national responsibility problems. From practice and legalperspective, Japan should take the blessing of the island nuclear leakage national responsibility. While the traditional national responsibility because deficiencies butdifficult to apply. From the multinational nuclear pollution basic concept, andmultinational nuclear pollution from the analysis of several ways and, different fromthe general characteristics of the multinational environment pollution is, multinationalnuclear pollution national responsibility demonstrates the rationality of is a goodchoice. Therefore, to the multinational nuclear pollution national responsibility ofalone discuss, already can repair defects of the traditional national responsibility, andbe better able to cope with the practice of the multinational nuclear pollution harmneeds.The third part of the current international treaty out of national responsibility ofthe provisions of the problem. Without a doubt, the United Nations international lawcommittee of the second reading through the country to international wrongdoingliability clauses draft "is about the most important traditional national responsibility ofcompiling results. The draft mainly by the four parts, a total of article59. Andcountries about the international wrongdoing to pick up damaging consequences ofthe national responsibility embodies the social development of economy and the newdevelopment of international law theory. Nuclear power use areas of internationaltreaty provisions of the national responsibility have absolute national responsibilityand mixed responsibility two kinds. Outer space field is the absolute applicablenational responsibility. Nuclear power station civilian nuclear accident areas are in thecivil liability is given priority to, national responsibility as a supplement andguarantee. But in the multinational nuclear pollution aspect, the country still has theadvantage of his responsibility, still indispensable. The United Nations convention onthe twelfth in highlights the protection for the Marine environment. From two levelsto Marine pollution damage to the country defined responsibility. First, generalprovisions for the countries to protect the Marine environment responsibility;Secondly, the state’s supervision and ensure that responsibility.The fourth part from environmental law basic theory and internationalenvironmental law basic theory of analysis of why choosing national responsibility of environment problem solving path and the country should bear the multinationalnuclear pollution national responsibility theory basis and legal basis. First of all, thestate of the environment right exercise will only intensify multinational environmentpollution problems, only responsibility to accord with the standard requirements forenvironmental law, better cope with multinational include multinational nuclearcontamination of the environment pollution problems, multinational. Second, respectfor state sovereignty and does not damage the environment responsibility principleabroad. A state to decide its sovereignty range of things, such as the constructionand operation of the power plants, but not so and damage to other countries andregions on the environment. Again, risk prevention principle. The nuclear energydevelopment and utilization of high technical requirements and great risk, onceproduce nuclear leakage accident can cause great harm. To prevent the occurrence ofmultinational nuclear pollution, countries should take responsibility for anyinternational obligations, to adopt corresponding prevention measures. Finally, theinternational cooperation principle. The international cooperation principle requirescountries to strengthen international cooperation in nuclear energy development,strengthen between countries and between countries and international organizations inthe nuclear regulatory, legal system, nuclear accident emergency disposal exchanges.The fifth part in the first four parts based on detailed the interpretation of themultinational nuclear pollution of national responsibility. First of all, through to thenational responsibility concept explanation and the national responsibility of thedevelopment process of analysis, confirmed the multinational nuclear pollution ofnational responsibility includes traditional country responsibility and pick updamaging consequences of national responsibility two parts. Both absolute nationalresponsibility also includes the state added responsibility mixed responsibility.Secondary rules to give priority to, and contains some primary rules. Second, themultinational nuclear pollution caused by the national responsibility can beinternational lawlessness, they may be without international law prohibited behavior,and the latter mainly. Nature is and civil liability and criminal liability and responsibility of state compensation has the obvious difference between a independentlegal liability form. Multinational nuclear pollution shall be investigated for parties ofthe national responsibility of course have compensation victims of the loss of theconsideration, but based on liability system support preventive measuresconsiderations. Once again, the multinational nuclear pollution state responsibilitiesmay also divided into traditional national responsibility to pick up damagingconsequences for and liability. Two kinds of responsibilities may not affectresponsibility to fulfill the kingdom for the international obligations, and not to act onthe legitimacy of the national law to refuse to undertake the national responsibility.Finally, the Japanese f island nuclear leakage accident is to pick up damagingconsequences should bear the responsibility of the state and non-traditional nationalresponsibility. But the bear responsibility is the ultimate aim, through theresponsibility to urge responsibility of the relevant international treaties by countries,fulfil its international obligations, to take preventive measures to prevent nuclearpollution accidents is more important place.