Studies On Judicial Settlement Of International Nuclear Pollution Disputes

With the development of exploration and use of nuclear energy, much morealternative resources are searched. The particularity of nuclear energy makes itinfluence the environment beyond the limit of borders. As the rapid development ofnuclear activities today, the damage caused by international nuclear pollutions and thehappening frequency may increase highly, and it should lead to international dispute.How to deal with the international dispute caused by nuclear pollution has become animportant issue which international society could not avoid.Now the limit of nuclear pollution damage is increasing, and the extent of injury isbecoming more and more critical, under this background, it is necessary to create aspecial mechanism to deal with the international dispute, such as make the actor beresponsible for its fault and pay for the victimized state and people. On one hand it canprovide a international case law for dealing with nuclear pollution dispute, on the otherhand which contributes to prevent nuclear pollution, and promotes the internationalcooperation in nuclear energy’s safe development. This article starts with the basecharacteristics of international nuclear pollution dispute, using the Japan Fudao nuclearaccident as visual angle, analysis and proof from the international law activities and lawstandards of nuclear pollution disputes’solution, researches the feasibility of solving thenuclear pollution dispute with international law, proposes the main measurements ofsolving international nuclear pollution dispute, and expounds the legal system of copingstrategies for our state on nuclear pollution dispute. The article uses empirical approachand normative analyses, makes the statistical analysis of how the ICJ and ITLOS(International Tribunal for the Law of the Sea) deal with the nuclear pollution conflicts,reaches the boundless of the two international judicial offices on dealing with thesedisputes. At present, in the convention systems related to the nuclear pollution conflicts,Convention on Nuclear Safety appears to be too principle, and although Convention onassistance in the case of a nuclear accident or radiological emergency and Conventionon early notification of a nuclear accident ruled the solution of these dispute, but theyare only applied to the dispute caused by the responsible party if they do not performthe duty of early notification and aid obligations. Therefore, it is necessary to add someprogrammable standards for the solution on how deal with the international nuclearpollution dispute.