日本核污染水排海的生态环境损害及其赔偿机制OA北大核心CSTPCD

The nuclear-contaminated water discharged into the sea by Japan was in direct contact with the reactor core and contains a large number of radionuclides.After the discharge,the contaminated water not only spread rapidly in the ocean but has also entered the global hydrological cycle under the combined action of ocean currents and monsoons along with ocean storms and currents,threatening human health and causing great damage to the ecological environment.This study attempts to explore the mechanism of ecological envi-ronment damage caused by Japan's nuclear-contaminated water and establish a compensation mechanism for such damage so as to lay the foundation for applying stricter compensation liability for such damage to restrain the behavior of discharging nuclear-contaminated water into the sea.Therefore,with the hydrological cycle theory,this study analyzes the damage mechanisms of Japan's nuclear-contam-inated water and clarifies the damage principle of environmental factors,biological factors,and ecosystem service functions.Drawing on the experience of the construction of a natural resource damage system in the United States,the study analyzes the key elements of eco-logical environment damage compensation and proposes a compensation mechanism for such damage caused by Japan's nuclear-con-taminated water discharged into the sea.The results show that Japan's nuclear-contaminated water has many types of radionuclides,is highly radioactive,has a long pollution effect,and is difficult to treat.It not only threatens marine organisms with massive death but also poses a great risk to environmental factors such as the atmospheric environment,water environment,soil environment,biological envi-ronment,and geological environment,as well as biological factors such as plants,animals,and microorganisms.It will also cause great damage to ecosystem service functions,affecting energy conversion,material supply,and the self-regulation capacity of the biosphere,thereby jeopardizing global ecological security and threatening human health and security.The experience from existing cases suggests that,to claim damages,it is fundamental to establish a clear legal basis,to prove that there is damage to the act,to determine compensa-tion liability,and diplomacy plus litigation is a relatively effective approach.A compensation mechanism for the ecological environment damage caused by Japan's nuclear-contaminated water should be established with the Japanese government and Tokyo Electric Power Company as the compensation subjects and the affected countries and damaged natural resource ownership as the compensation objects.The scope of compensation should cover the cost of repair and reconstruction losses,the reduction of value during the restoration period,and appraisal and evaluation costs.Furthermore,a lawsuit should be duly filed with the International Court of Justice by hiring interna-tional experts and setting up a team of lawyers.It is believed that by establishing a global ecological environment damage relief alliance,improving the international monitoring network,carrying out liability traceability investigation,and improving basic research capabili-ties,a scientific and sound ecological environment damage compensation mechanism for nuclear contaminated water discharge can be built,so as to systematically and comprehensively relieve ecological environment rights and interests,safeguard the legitimate rights and interests of international and national subjects,and provide support for relevant stakeholders of Japan's nuclear-contaminated water to determine the boundary of ecological environmental damage and make litigation decisions.