Abstract: Japan's plan to discharge a huge amount of contaminated water from the Fukushima nuclear power plantinto the oceanmay endanger the overall interests of mankind, the national interests of all countries and the interests of individual citizens, thus involving the relevant provisions of international law and domestic law on liability relief. As recommended by the International Law Commission in the relevant draft principles and articles of international liability law, as well as required by the provisions of the United Nations Convention on the Law of the Sea, States should guarantee that victims of trans-boundary harm have access to adequate administrative and judicial remedies both domestically and internationally.To have a in-depth study on the relevant legal issues and find comprehensive countermeasures, it is necessary to coordinate the international law and domestic law on liability relief.From the perspective of international liability law, the support of the IAEA cannot prove that Japan has fulfilled all its international obligations, because Japan's international obligations come from many treaties and customary international rules. From the perspective of domestic liability law, Japan’s responsible units and persons in charge may face claims and prosecutions by governments and citizens as victims from various States according to their national laws. Finally, there are limitations in seeking judicial relief either through international level or domestic level, so it is necessary to make a comprehensive strategic plan that combines the legal, diplomatic and public media means.

Keywords:contaminated water discharge;international law;domestic law;trans-boundary Damage;liabilityrelief

Author:Huanxin Luo, an associate research fellow at CASS Institute of International Law; deputy director and secretary general of CASS Center for the Law of Sea Studies.

Source: 4 (2021) Japanese Studies.