On The Dilemma Of The International Responsibility Of Japan’s Nuclear Sewage Discharge Into The Sea

Japan’s announcement that it will start discharging contaminated nuclear water into the sea in 2023 has drawn wide attention from the international community.Japan’s neighboring countries,such as China,South Korea and Russia,have expressed serious dissatisfaction and strongly urged Japan to abandon the plan.There is no organization above states in international law.The good order of international law requires all countries to conscientiously maintain the seriousness of international law,prudently fulfill international obligations and take the initiative to fulfill international responsibilities under the principle that "treaties must be kept".From the perspective of international law,according to the United Nations Convention on the Law of the Sea,the London Dumping Convention and other conventions to which Japan is a party,Japan’s discharge of nuclear sewage into the sea is suspected of violating the general principles of international law stipulated in international treaties and is not supported by international conventions.However,as conventions,practices and supervision of international organizations under the framework of international law have not formed strong constraints on Japan’s nuclear sewage discharge into the sea,and the United States and the International Atomic Energy Agency have not objected to it,Japan has not given up the signs of nuclear sewage discharge plan.Japan cannot be forced to give up its nuclear sewage discharge plan by means of international law.The defects of the legal system concerning Marine nuclear pollution have aroused the vigilance and concern of the international community.The discharge of nuclear sewage from Japan into the sea may cause transboundary Marine nuclear pollution and damage to human life or property,and the potential injured countries are faced with the problem of future damage recovery.Transboundary Marine nuclear pollution damage needs to be relieved by international law theory,international organizations and cooperation among various countries.However,there are some problems in international law theory,such as unclear international customs,unsystematic legal rules on Marine nuclear pollution,vague identification of international responsibilities and difficulties in implementation,as well as non-compulsory supervision by international organizations such as the International Atomic Energy Agency.It is difficult to effectively prevent the occurrence of damage due to factors such as inactive cooperation between countries.Post-damage compensation needs to be realized through judicial channels,but in the process of judicial hearing,there are procedural and substantive operational difficulties such as long litigation cycle,difficult to fix evidence,difficult to quantify loss,and difficult to prove causality.The defects of judicial relief are also the cruel reality that victims must face.Japan’s discharge of nuclear sewage into the sea has sounded the alarm for Marine nuclear pollution and challenged the theory and practice of international law on Marine nuclear pollution.Generally speaking,the legal system of international liability for transboundary Marine nuclear pollution damage is lacking,so it is necessary to specify provisions of principle,refine the rules of international liability identification and enforcement procedures,and explore mandatory operational measures.From the multi-dimensional analysis of international responsibility,firstly,all necessary measures should be taken to prevent the occurrence of cross-border Marine nuclear pollution,and international responsibility should be used to nip illegal acts in the cradle.Secondly,after the occurrence of unprohibited damage,detailed quantitative standards of pollution damage,proof standards of causality,and supplementary liability of the state are needed.Third,the supervision function of relevant international organizations should be strengthened,information sharing among international organizations should be strengthened,and joint efforts should be made to prevent and control trans-boundary Marine nuclear pollution.Finally,the international community should strengthen communication and cooperation among international organizations and countries,vigorously promote the training and exchange of talents,promote the development of nuclear technology and reduce nuclear damage.The international legal regulation system of Marine nuclear pollution will continue to develop and improve with the development of nuclear technology.