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50 Denv. J. Int'l L. & Pol'y 67 (2021-2022)
A Regional Cooperative Regime Should Be Established to Respond to the Radioactive Water Disposal Plan from Fukushima

handle is hein.journals/denilp50 and id is 67 raw text is: A REGIONAL COOPERATIVE REGIME SHOULD BE ESTABLISHED TO RESPOND TO THE RADIOACTIVE WATER DISPOSAL PLAN FROM FUKUSHIMA Eugene Cheigh* ABSTRACT On April 13, 2021, the Japanese government announced its plan to dispose of radioactive water from the Fukushima Daiichi nuclear power plant into the Pacific Ocean. The announcement raises the question of how neighboring countries oppos- ing Japan's decision can respond to the decision through international environmental law. Thus, this comment examines ex ante legal responses to the radioactive water disposal plan. Since the planned radioactive water disposal may violate the general principles of international environmental law and obligations of the United Nations Convention on the Law of the Sea (UNCLOS), neighboring countries may respond to the plan by submitting a dispute to a tribunal to prescribe provisional measures or by invoking the cooperative duties under UNCLOS. The latter is preferred, and es- tablishing a regional cooperative regime to address Japan's radioactive water dis- posal plan is required. While it is difficult for Asian countries to conclude a regional treaty, Japan and its neighboring countries should make diplomatic efforts to shape a soft law that includes cooperative duties, and to implement the hortatory language from the non-binding instruments into obligatory language in the treaty. Concur- rently, they should make diplomatic efforts to create a regional commission to man- age and resolve disputes efficiently and cooperatively. Keywords: radioactive water discharge, radioactive water release, radioactive water disposal, international legal response, regional cooperation. 67 *Master of Laws (LL.M.) Candidate, February 2022, Georgetown University Law Center; Master of Law, February 2019, Sookmyung Women's University; Bachelor of Law, February 2017, Sookmyung Women's University.

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