WANG Miaomiao    Law School

ABSTRACT：As a kind of clean energy, nuclear energy has the advantages of energy saving, high efficiency and low cost compared with traditional fossil energy. Therefore, the development and utilization of nuclear energy has gradually become the choice of all countries in the world. However, in the process of nuclear energy utilization, the operation of nuclear facilities and reactors will produce a large amount of radioactive waste, and how to safely dispose of radioactive waste has become a worldwide problem that needs to be properly solved. In general, radioactive waste is disposed of in landfills in the producing country, but Japan's decision to discharge nuclear water into the sea on April 13, 2021 has drawn international attention to the disposal of radioactive waste at sea. Due to the fluidity of seawater, once nuclear sewage is discharged into the ocean, it will cause inestimable potential risks and security threats to the global Marine environment. In order to avoid cross-border pollution and protect Marine ecology, international law is required to regulate the Marine disposal of radioactive waste. The international law regulation system of radioactive waste disposal at sea consists of a series of international treaties and IAEA safety standards. In order to regulate the state's behavior of Marine disposal of radioactive waste, it is necessary not only to clarify the qualitative standards of Marine disposal of radioactive waste, but also to stipulate the procedures of Marine disposal of radioactive waste, and the state responsibility for violating the standards and procedures. Although the current international law regulation system of radioactive waste Marine disposal involves all the above-mentioned aspects, there are still some problems such as inconsistent qualitative standards, unclear procedural norms and imperfect national accountability mechanism. In view of the above problems, through the analysis of the current international legal system on the Marine disposal of radioactive waste provisions, respectively from three aspects of entity, procedure and responsibility to regulate the Marine disposal of radioactive waste. First of all, the qualitative standards for Marine disposal of radioactive waste should be unified, and the rationality and legitimacy of taking radionuclide level as the qualitative standard should be demonstrated to ensure fair disposal. Second, on the premise of unified entity standards, it stresses the need to earnestly fulfill procedural obligations such as cross-border environmental assessment and notification consultation, so as to make disposal actions open and transparent. Thirdly, in-depth analysis is made on the liability of international illegal acts caused by violation of substantive standards and procedural obligations, as well as the liability of cross-border damage caused by non-illegal acts but actual damage, and feasible suggestions are put forward to improve the identification and investigation mechanism of national responsibility, so as to ensure the practical implementation of state responsibility. China as a global Marine environmental protection of the participants, under the background of sea power, to the implementation of the international rules and regulations should be fusion, improve the domestic legislation of sea disposal of radioactive waste, at the same time, to the behavior of the surrounding countries in ocean disposal of radioactive waste, make emergency plans, timely relieve Marine nuclear pollution, protect the Marine ecological environment and also the ocean blue.

Read the article here:           放射性废物海洋处置的国际法规制研究_王苗苗.pdf