TANGGUNG JAWAB PEMERINTAH JEPANG TERHADAP ANCAMAN PENCEMARAN LAUT LINTAS BATAS AKIBAT PEMBUANGAN LIMBAH NUKLIR FUKUSHIMA DI SAMUDRA PASIFIK

PRIBADI, KRESNAMURTI UNGGUL (2024) TANGGUNG JAWAB PEMERINTAH JEPANG TERHADAP ANCAMAN PENCEMARAN LAUT LINTAS BATAS AKIBAT PEMBUANGAN LIMBAH NUKLIR FUKUSHIMA DI SAMUDRA PASIFIK. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The case of marine pollution that occurs in various parts of the world is an important issue that must be considered by the States. As a result of marine pollution, it’s not as it were features a negative effect on the creatures within the ocean, but encompasses a negative impact on the community too, particularly for individuals whose living needs come from the ocean. The effect of marine pollution is additionally trans-boundary, where not as it were the individuals of one nation are influenced, the effect happens within the territory of other nations too. Dumping waste into the sea is one of the causes of transboundary marine pollution. Hazardous chemical waste is pumped through pipes into the sea, carried by ships and dumped overboard or burned offshore. For countries developing nuclear energy, radioactive waste from nuclear fission reactors and nuclear weapons production that is disposed of by a country developing nuclear energy is a big problem because of the long half-life of radionuclides produced during production. Therefore, many countries are forced to dump them into the sea. There is one legal problem in this research, namely How should the Japanese government's responsibility be regulated for transboundary pollution resulting from Fukushima's dumping of nuclear waste into the Pacific Ocean? This legal research is normative legal research that focuses on information and data collected through literature study. The conclusion of this study is regulations on the disposal of nuclear waste into the sea, namely from the Convention of the Prevention of Marine Pollution by Wastes and Other Matter 1972 (London Convention 72) and United Nations Convention on The Law of The Sea 1982 (UNCLOS 1982), shows the potential for multiple interpretations and inadequacy. The multiple interpretations referred to here are the existence of intersections that trigger differences in understanding due to the lack of clarity in the gray list categories in the London Convention 72. On the other hand, Articles 207 and 213 of UNCLOS 1982 do not provide any specific methodology for assessing treaty compliance and thus highlight the inadequacy of the existing framework.

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