Reflections on international dispute settlement mechanisms for the Fukushima contaminated water discharge

Chen, Xidi; Xu, Qi

doi:10.1016/j.ocecoaman.2022.106278

Cited by 16 publications

(8 citation statements)

References 17 publications

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“…As shown in Table 1, most of the research [20,[22][23][24][25] in cross-border water pollution disputes is based on qualitative and empirical analysis methods, in which the preference of stakeholders and the complex strategic interactions among DMs are not taken into account. The dynamic interactions among stakeholders were investigated in some other studies [3,26], using game theory.…”

Section: Discussionmentioning

confidence: 99%

“…More specifically, two econometric models were developed by Li et al [23] based on theoretical and empirical analyses for investigating a cross-basin eco-compensation mechanism of Songhua River Basin, and the polluter pays principle was verified in this research. Furthermore, Chen and Qi [24] studied the international dispute settlement mechanisms for the cross-basin water pollution dispute due to the Fukushima contaminated water discharge, using the qualitative analysis method. Considering the power and varying intensities of conflict, Zeitoun and Warner [25] constructed a conceptual framework of Hydro-Hegemony for an analysis of trans-boundary water conflicts.…”

Section: Research On Cross-basin Water Pollution Disputesmentioning

confidence: 99%

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Strategic Analyses for a Cross-Basin Water Pollution Conflict Involving Heterogeneous Sanctions in Hongze Lake, China, within the GMCR Paradigm

Xue,

Zhao,

et al. 2023

Water

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The graph model for conflict resolution (GMCR) methodology was enhanced in this research for addressing cross-basin water pollution conflicts involving heterogeneous sanctions, as a more intuitive and straightforward definition for mixed unilateral improvements was proposed, followed by an integrated procedure for performing mixed stability analyses. Furthermore, the cross-border water pollution dispute that occurred in 2018 in Hongze Lake, China, is systematically modeled and strategically analyzed for the first time, using the improved GMCR method. In addition, an evolution analysis was carried out within the framework of GMCR for verifying the applicability of the eco-compensation mechanism in addressing cross-basin water pollution disputes. This case study demonstrates that the heterogeneity of sanctioning opponents could influence equilibrium outcomes and even change the evolution of conflict situations. Moreover, the developed novel approach is able to accurately predict the equilibrium outcomes of the conflict and provide more strategic insights and valuable findings in making effective conflict resolutions for solving cross-basin water pollution conflicts.

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Section: Discussionmentioning

confidence: 99%

Section: Research On Cross-basin Water Pollution Disputesmentioning

confidence: 99%

Strategic Analyses for a Cross-Basin Water Pollution Conflict Involving Heterogeneous Sanctions in Hongze Lake, China, within the GMCR Paradigm

Xue,

Zhao,

et al. 2023

Water

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“…In fact, the incomplete standards are provided only for specific radiation sources, which cannot be applied unchanged to the disposal of nuclear contaminated water after a major accident. (Chen and Xu, 2022) Even if the discharge by Japan meets the IAEA standards, it does not mean that Japan has fulfilled its obligation to implement the EIA under the Convention. In addition to this, IAEA's comprehensive report has made it clear that many of the technical topics reviewed and evaluated by the Working Group will need to be revisited with the discharges in order to assess whether the activities during the treated water discharge operations are in compliance with the relevant international safety standards.…”

Section: The "Substantive Eia"mentioning

confidence: 99%

The implementation of the environmental impact assessment in Fukushima contaminated water discharge: an analysis of the international legal framework

Chen,

2024

Front. Mar. Sci.

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Japan is discharging nuclear contaminated water from the 2011 Fukushima incident into the sea after treatment with the Advanced Liquid Processing System (ALPS). This process is expected to continue for decades, as planned by the Japanese government. This decision sparks opposition from many countries and international organizations, as well as constant protests from people in Japan and neighboring countries. Although there are no international documents specifically addressing the discharge of contaminants from a nuclear accident, it is found that the LOS Convention, treaties on nuclear safety, and international environmental laws provide the basis and legal framework for requiring Japan to implement environmental impact assessments throughout the entire process of Fukushima contaminated water discharge. First, this paper evaluates the consistency between the measures taken before Japan’s decision to discharge contaminated water into the sea and the requirements under international laws. Second, this paper further examines the substantive and procedural requirements under international law for the entire process of Fukushima contaminated water discharge. It identifies substantive criteria to be applied in assessing the environmental impact of Fukushima contaminated water discharge based on international documents and explores the procedural requirements to assure transparency, prudence, and accountability of the assessment. Finally, given the potential transboundary damage caused by the discharge of nuclear-contaminated water into the sea, this paper proposes that a new multi-stakeholder cooperative mechanism is necessary to achieve effective and credible monitoring and respond to the claims of potentially affected parties. In addition to providing a legal framework for the environmental impact assessment in the Fukushima case, this paper may also contribute to the proper disposal of nuclear contaminants in future nuclear accidents.

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“…Regional collaboration is necessary to address the issue of marine litter and its transboundary nature through planning and management. Similarly, in the field of nuclear wastewater pollution control research, several researchers have proposed the necessity and feasibility of transboundary collaboration from the perspective of international law (Chang et al, 2022;Chen and Xu, 2022;Wang and Li, 2022). Holistic management policies with shared objectives are an important first step towards a unified and cooperative approach to marine waste at all levels (Graham, 2022).…”

Section: Research On Marine Pollution Managementmentioning

confidence: 99%

Evaluation of policy synergy in coastal ocean pollution prevention and control: The case from China

Yao

Sun²,

Liu³

2023

Front. Mar. Sci.

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In recent years, the Chinese central government and coastal provincial governments have promulgated a series of Coastal Ocean Pollution Prevention and Control Programs (COPPCP). Whether the government’s COPPCP can achieve policy synergy will affect the level of marine pollution governance. This study constructs a two-dimensional assessment framework of policy “subject department”–”content theme” and conducts a comprehensive evolution of policy synergy from objective, process, and state perspectives. From the subject department dimension, the study used social network analysis to find that interdepartmental collaboration was not done well overall. The policy synergy process is difficult to be guaranteed. Meanwhile, the structure of departmental synergy networks in different provinces shows differences and can be divided into three types of governments with single-core, multi-core, and vertical synergy. In the content synergy dimension, it was found by the Chinese Bidirectional Encoder Representations from Transformers-Whole Word Masking (BERT-WWM) model that the policy content is mainly focused on four themes of marine ecological protection (MEP), marine pollution control (MPC), land-based pollution reduction (LPR), and safeguard measures (SAM). The three types of governments show different performances on the four theme synergies. The governments perform well in the objective synergy; however, it is difficult for them to agree on the policy tool synergy, and the status of policy synergy is difficult to maintain. This paper adopts the BERT-WWM model instead of the manual coding method in the previous policy content analysis, enhancing the evaluation’s objectivity. The study results will provide a reference for further improving marine pollution governance systems in developing countries.

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Reflections on international dispute settlement mechanisms for the Fukushima contaminated water discharge

Cited by 16 publications

References 17 publications

Strategic Analyses for a Cross-Basin Water Pollution Conflict Involving Heterogeneous Sanctions in Hongze Lake, China, within the GMCR Paradigm

Strategic Analyses for a Cross-Basin Water Pollution Conflict Involving Heterogeneous Sanctions in Hongze Lake, China, within the GMCR Paradigm

The implementation of the environmental impact assessment in Fukushima contaminated water discharge: an analysis of the international legal framework

Evaluation of policy synergy in coastal ocean pollution prevention and control: The case from China

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