국제환경법상 일본 방사능오염수 해양투기에 관한 소고

Although the seas in question are Japan's territorial waters and exclusive economic zone, the dumping of radioactive contaminated water from the Fukushima Daiichi nuclear power station accident constitutes a violation of the obligation to prevent transboundary environmental damage under international law because marine pollution spreads beyond national boundaries to other waters. While Japan denies state responsibility, claiming that it was forced to discharge low-level radioactive contaminated water due to a natural disaster, the intentional discharge of radioactive contaminated water into the ocean constitutes an international offense. UNCLOS has introduced a compulsory dispute Procedures system to clarify the issues in disputes between states and to provide for jurisdiction in the event of a failure to agree on jurisdiction. However, states have traditionally preferred to resolve disputes freely between disputing parties based on their sovereignty, and the compulsory dispute Procedures system under UNCLOS has not been successful. However, when a state fails to regulate the operation of a nuclear power station in accordance with the standard of due care required by international law or fails to fulfill its duty of cooperation, resulting in damage or risk of damage to the transboundary marine environment, strict liability should be pursued by neighboring states. In particular, transboundary radioactive contaminated waters should be addressed by the potentially affected States jointly through compulsory dispute Procedures, as the effects are long-term, widespread and have a significant impact on the people and property of other States.