The Principle of Emergency Notification After the Fukushima Nuclear Accident

Following the Fukushima Nuclear Power Plant accident in March, 2011, the Japanese government approved the release of thousands of tons of low-level radioactive water into the sea by power company TEPCO as an emergency measure to make room for more contaminated water. Neighboring countries, including Korea, China, and Russia, protested the dumping as a violation of international of law and for lack of notification by the Japanese government. In addition, the Japanese government has been criticized by both the domestic public and foreigners as withholding public access to information. This article explains international law on emergency notification, both customary and treaty law on notification after a nuclear accident. This article will show that the lack of notification by Japan to its neighbors has revealed problems with the existing emergency notification regime. The emergency notification obligation should be clarified, particularly for remedial or subsequent measures that occur in a post-accident environment. Further, this article will discuss the public's right to access information from the government under international law. By promoting public access to information after a nuclear accident under international law, the public's health and safety can be further protected.