Study On International Liability Of Nuclear Wastewater Discharge To Sea

The discharge of nuclear wastewater into the sea has seriously harmed the lives,property and ecological environment of people of all countries.It is imperative to pay attention to and prevent transboundary environmental damage caused by the discharge of nuclear wastewater into the sea.The existing rules of international law cannot fully identify the illegality of nuclear waste water discharge into the sea,and there are still many difficulties in establishing and realizing the responsibility investigation of nuclear waste water discharge into the sea.Therefore,it is necessary to define the nature of the act of discharging nuclear waste water into the sea,clarify the composition of the international responsibility of the act,and explore the path to realize the international responsibility caused by it and China’s due position.First of all,the discharge of nuclear wastewater into the sea does not violate international conventions such as the United Nations Convention on the Law of the Sea,the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Substances(London Dumping Convention or London Convention),the London Protocol and the Convention on Nuclear Safety.The reason is that these conventions are either vague(such as the United Nations Convention on the Law of the Sea),narrow in scope of application(such as the discharge of nuclear wastewater into the sea is not "at sea" under the London Convention),or have inadequate monitoring mechanisms(such as the Convention on Nuclear Safety,which puts States parties in charge of the safety of their nuclear facilities and only requires States parties to submit reports).But there are no specific requirements for what to report).In view of this,the discharge of nuclear waste water into the sea does not violate international obligations and is not prohibited by existing international law.It is one of the acts not prohibited by international law.Secondly,the discharge of nuclear waste water into the sea is a transboundary damage act,and the liability arising therefrom is international liability based on the premise of damage,not subjective fault,and the principle of strict liability applies.The international liability of nuclear wastewater discharge includes three aspects: damage act,damage result and causality.First,nuclear wastewater discharge into the sea is a dangerous activity carried out by actors,which may be countries,non-governmental organizations or individuals.Secondly,the discharge of nuclear waste water into the sea may cause a series of damages,which may lead to certain losses if not timely relief.Third,according to the "theory of probable causality",even if no serious damage has been found,the potentially injured party may claim "potential" damage based on the facts and investigation results.Third,when transboundary damage occurs,the affected country has various means of relief.When transboundary pollution or damage occurs in the private sector,private or non-governmental entities are directly responsible and bear primary responsibility.However,when nuclear wastewater is discharged,the actions of private or non-governmental entities are under state control,or at least approved or permitted by the State,and therefore the State is subject to international responsibility.It is just that the state assumes supplementary responsibility.According to international practice,it can be concluded that diplomacy is the preferred method for dispute settlement.However,since it is not confrontational to pursue the emitters’ liability through diplomatic means,it is difficult to solve such problems if the other side does not actively cooperate when damaging consequences occur.The main coercive legal means are international litigation or arbitration,and the injured country has the right to Sue for compensation for transboundary environmental damage.Finally,China puts forward its own position on the international responsibility for the discharge of nuclear waste water into the sea.Nuclear wastewater discharge and other cross-border environmental pollution problems are increasingly prominent,especially Japan’s nuclear wastewater discharge has entered the countdown,but so far the international community has not a set of effective international legal system to regulate,it is urgent to strengthen the relevant international legislation.First,rules to prevent further or future damage from nuclear wastewater discharges.Increase the scope of compensation and introduce a strict operator’s liability system.Increase the scope of operators,set a high limit of compensation,into the mandatory financial guarantee clause;To formulate an international convention specifically regulating the discharge of nuclear waste water into the sea,establish the nature of the discharge of nuclear waste water into the sea,divide the standards of liability,interpret according to the new and existing provisions,regulate the composition of liability,and point out the international responsibilities to be borne.Secondly,it establishes the responsibility of preventing nuclear waste water from discharging into the sea,and implements the precautionary principle into practice.The disposal party shall bear the corresponding responsibility for violating the precautionary principle.Third,establish a fund for Marine pollution caused by nuclear damage to ease the difficulty of compensation for the countries causing the damage.