The application of compulsory conciliation in the settlement of disputes over Fukushima contaminated water discharge

Abstract

The imminent discharge of Fukushima-contaminated water into the ocean would result in severe controversies and disputes concerning marine environment pollution in Japan and the neighboring countries. This paper argues that high similarities can be found between the disputes arising from the imminent discharge and those subject to compulsory conciliation under the dispute settlement mechanism of the law of the sea. Together with the advantages of compulsory conciliation in settling disputes related to the exercise of discretion by states, it is asserted that compulsory conciliation could become the best choice to settle the potential disputes arising from the imminent discharge between Japan and the neighboring countries. This article also draws attention to some essential issues related to the application of compulsory conciliation, including the establishment of jurisdiction and authorities of the conciliation commission, and the implementation of the conciliation report.