The Marine Environmental Turn in the Law of the Sea and Fukushima Wastewater
The Marine Environmental Turn in the Law of the Sea and Fukushima Wastewater
Abstract: On the release of Fukushima-treated wastewater into the oceans, Japan argues, based on the wastewater not causing transboundary environmental harm, that neither international nuclear treaties nor the United Nations Convention on the Law of the Sea prohibits the release of Fukushima wastewater; thus, Japan has the right to discharge Fukushima wastewater. This article argues that the contemporary jurisprudential trend is conspicuous enough to counter Japan’s firm conviction about the lawfulness of the discharge of Fukushima wastewater. To this end, this article adduces how Part XII of UNCLOS has evolved through the interpretation of various international courts and other legal instruments, thereby indicating that the planned release at Fukushima may not stand up to close scrutiny under the UNCLOS regime.
Recommended Citation: Youngmin SEO, Promoting, Regulating, and Enforcing Human Rights Through International Investment Law and ISDS, 45 Fordham Int'l L.J. 51 (2021).