The Touchstone of the New Korean Government's International Litigation Policy to Resolve Marine Disputes: Japan's Release of Fukushima Contaminated Wastewater

The Japanese government on 13 April 2021 announced its 30-year plan to release radioactive contaminated wastewater from the Fukushima nuclear power plant into the Pacific Ocean from the spring of 2023. Korea's former President Moon Jae In, ordered Korea's ministries to explore how to resolve the matter through the International Tribunal for the Law of the Sea (ITLOs) through filing a lawsuit and potentially requesting provisional measures. There are several dispute resolution methods under international law. President Moon's order to file a suit and potentially request provisional measure is one approach to resolving disputes. However, President Moon acted prematurely because even though the Japanese government had announced its plans to release radioactive contaminated wastewater from spring of 2023, the timing of this discharge was unclear. Since the release would have taken more than two years from Moon's order, it would have been sufficient to respond by expressing "deep regret" and seek other ways to proceed under international law.