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14 J. E. Asia & Int'l L. 245 (2021)
Potential International Litigation in the Context of Transboundary Pollution: With Special References to the Disposal of Radioactive Water into the Ocean by Japan

handle is hein.journals/jeasil14 and id is 242 raw text is: J. EAsT AsA & INT'L L. Vol. 14/No.2 (2021); 245-270
Publication type: Research Article
Section         : Issue Focus
DOI             : http://dx.doi.org/10.14330/jeai.2021.14.2.02
Potential International
Litigation in the Context of
Transboundary Pollution:
With Special References to
the Disposal of Radioactive
Water into the Ocean
by Japan
Jinyup Kim`
Since the Japanese government recently unveiled a plan to release radioactive water
into the ocean, the neighbouring countries have expressed concerns. In particular,
certain environmental groups claimed that the execution of this operation would
have a significant impact on the marine environment in the region. In light of
significant potential risks, this article argues that such an operation is likely to trigger
an international dispute at an international court or tribunal for several reasons.
Accordingly, this article would like to explore the highly likely international litigation.
First, the background of this potential international litigation, including the reasons
why the operation may end up at an international court or tribunal are addressed.
Subsequently, certain legal and factual issues that are expected to be contested between
the parties at the court or tribunal are discussed. Finally, this article discusses some of
the expected outcomes of this likely international litigation, including reparation.
Keywords
Radioactive Water, State Responsibility, UNCLOS, Transboundary Pollution,
International Litigation
* Lecturer of law at Myongji University, Seoul, Korea. LL.M. (Edinburgh), Ph.D. (Glasgow). ORCID: https://orcid.
org/0000-0001-7319-7041. The author may be contacted at: kjy375I@gmail.com/Address: 34 Geobukgol-ro,
Seodaemun-gu, Seoul 03674 Korea.
All the websites cited in this article were last visited on September 10, 2021.

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