中国人口·资源与环境2024，Vol.34Issue(2)：131-141,11.DOI:10.12062/cpre.20231232
基于日本核污染水排海污染损害的社会化救济路径
Socialized relief path based on pollution damage caused by Japan's nuclear-contaminated water discharged into the sea:insurability and other relevant key issues of the compulsory liability insurance system
摘要
Abstract
As the compensation amount for pollution damage caused by Japan's nuclear-contaminated water discharged into the sea is enormous,it is urgent to establish a systematic relief mechanism,and the establishment of a liability insurance system is an important legal path for its socialized relief.This research suggests that the liability for nuclear-contaminated water pollution is insurable as the persistent discharge of nuclear-contaminated water into the sea causes latent accumulation of damage,and it will still face unpredict-able insurance claims decades later.Therefore,nuclear-contaminated water is a new insurance subject facing the future.Establishing a compulsory liability insurance system for nuclear-contaminated water led by the government can diversify the risk of such pollution,en-sure that financial compensation guarantees can be provided for victims and damaged ecosystems in the event of pollution damage in the future,provide the compensation capacity compensators lack in the compensation process,make compensation orderly and efficient-ly,and provide guarantees for the effective governance of marine environmental pollution.Therefore,it is necessary to leverage the gov-ernment's public power to establish a mandatory liability insurance system for nuclear-contaminated water in the following ways:① The compulsory insurance coverage for parties responsible for nuclear-contaminated water pollution must be insured through legisla-tion.② In case of future claims for marine ecological damages,the continued pollution of nuclear-contaminated water should be cov-ered by compulsory liability insurance.This should be clearly defined as an ongoing insurance accident,and insurance liability should be assumed for future damage compensation claims,so as to effectively control marine environmental pollution and repair the marine ecosystem.③ The establishment of specialized insurance companies to participate in the operation can better control and operate risks,clarify the obligation of insurance companies to underwrite the risk of nuclear-contaminated water pollution and their participa-tion rights,and provide guarantees for the insurance capacity building of the specialized insurance companies through relevant policies.The government of Japan,which authorizes or leads the discharge of nuclear-contaminated water into the sea,should be liable for dam-ages under international law.It should initiate consultations concerning the establishment of an international framework for compulsory liability insurance pertaining to the discharge of nuclear-contaminated water.These consultations should include:the fulfillment of its obligations by providing timely notification regarding any release of nuclear-contaminated water into the sea;the easing of market entry barriers for the access of insurance companies from relevant countries into the Japanese insurance market;the implementation of joint compulsory liability insurance for nuclear-contaminated water;the establishment of a common insurance information system platform;the collaborative promotion of nuclear-contaminated water catastrophe securitization through the use of insurance derivatives,the mutu-al agreement on the withdrawal ratio,retention period,and usage management of nuclear-contaminated water insurance reserves,and the establishment of a long-term and adequately-funded reserves for nuclear-contaminated insurance to effectively deal with potential substantial claims that may occur in the future.Japan and stakeholder countries should conduct international collaborations aimed at the development of a comprehensive loss assessment system for addressing the risks associated with nuclear-contaminated water and providing technical support and professional consulting services for insurance companies in terms of nuclear-contaminated water risk assessment,loss assessment,damage treatment,and compensations.关键词
核污染水/排海/可保性/强制责任保险/法律制度Key words
nuclear-contaminated water/discharge into the sea/insurability/compulsory liability insurance/legal system分类
社会科学引用本文复制引用
田其云,韩颖怡..基于日本核污染水排海污染损害的社会化救济路径[J].中国人口·资源与环境,2024,34(2):131-141,11.基金项目
国家社会科学基金重大项目"人类命运共同体理念下我国核安全治理体系和治理能力现代化研究"(批准号:20&ZD162) （批准号:20&ZD162）
教育部人文社会科学重点研究基地重大项目"促进海洋能技术研发与开发利用的政策和法律制度研究"(批准号:14JJD820001). （批准号:14JJD820001）
