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Journal Articles & Book Reviews
Fukushima Daiichi ALPS-Treated Water Discharge: Bolstering Norms to Protect the Marine Environment, The Korean Journal o...

Head of Energy Law and Policy Denise Cheong and Research Fellow Nivedita S have co-authored an article on “Fukushima Daiichi ALPS-Treated Water Discharge: Bolstering Norms to Protect the Marine Environment” that has just been published in Volume 12 (2024): Issue 2 (Dec 2024) of the Korean Journal of International and Comparative Law.

Abstract

The discharge of the ALPS-treated water from the Fukushima Daiichi Nuclear Power Station raises complex issues regarding the normative framework governing its impact on the marine environment. Due to its cross-cutting nature, international norms from both the nuclear and ocean domains are potentially applicable. While the International Atomic Energy Agency’s safety review has focused on assessing the consistency of Japan’s actions with the safety standards, less attention has been paid to international conventions relevant to the discharge. This article aims to (i) clarify the key international norms for marine environmental protection from both domains and consider how they interrelate; and (ii) identify governance challenges associated with these norms. It examines governance concerns related to safety standards and key international conventions, concluding with recommendations to strengthen and develop the normative framework.

The article is available here.

Event Reports
Book Chapters
The International Seabed Authority as Claimant for Damage to the Marine Environment Resulting from Activities in the Are...

As exploitation of the “common heritage of mankind” is poised to happen in the near future, the design of a potential liability and compensation regime continues to be a pressing issue, Under the current legal framework established by the 1982 UN Convention on the Law of the Sea, a crucial issue is which actor has sufficient legal interest to bring a liability claim for damage to the marine environment where there may not be an ‘injured party’ per se. In this regard, this paper will explore one specific aspect of a liability and compensation regime for activities in the Area, namely, ISA’s legal authority to bring a claim for compensation for damage caused to the marine environment arising out of activities in the Area. This paper will further interrogate the finding by the Seabed Disputes Chamber (SDC) in its 2011 Advisory Opinion on the Responsibilities of the Sponsoring State (“SDC Advisory Opinion”) that “it may be envisaged what constitutes compensable damage would include damage to the Area and its resources constituting the common heritage of mankind, and damage to the marine environment” and that “[s]ubjects entitled to claim compensation may include the ISA, entities engaged in deep seabed mining, other users of the sea, and coastal States.” It will explore both the legal and policy issues that may arise as a result of the ISA being the claimant for damage to the marine environment.