Study on International Law Regulation of Marine Radioactive Waste Dumping

Abstract

The problem of discharging Fukushima nuclear waste water into the sea challenges the existing international law regulations on marine radioactive waste dumping. This behavior does not fall within the scope of dumping regulated by London Convention. Provisions of land-based pollution regulation in UNCLOS cannot directly determine the illegality of Fukushima nuclear waste water disposal into the sea; The application of precautionary principle has a high standard for judging “potential hazards”, its application also has limitations. The existing international regulatory framework of marine radioactive waste dumping lacks compliance assessment mechanism. The application of international law regulation on the dumping of marine radioactive waste should be strengthened, which means expanding the application scope of London Convention Prohibited List, strengthening the application of the obligation in UNCLOS to monitor the risk or impact of marine environmental pollution. At the same time, it is necessary to re-examine the criteria of precautionary principle and to strengthen the compliance procedures for marine radioactive waste dumping.