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Japan's threat to sue China in WTO: Unfavorable outcome ahead

Source: CGTN | 2023-09-02
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Japan's threat to sue China in WTO: Unfavorable outcome ahead

By Farhad Chowdhury

The Fumio Kishida administration in Japan started releasing nuclear-contaminated water on August 24 despite the tremendous protest of the world community. This poses a serious threat to the ecosystem globally and is negligent of human life and health. Even more shocking is the fact that the U.S. made public statements endorsing Japan's activities.

The plan by Japan to discharge nuclear-contaminated water into the ocean raises serious questions about both human life and marine safety worldwide. Since Japan started the discharge on August 24, opposition and criticism have gotten worse both locally and abroad.

China has banned all Japanese seafood imports in response to Tokyo's release of nuclear-contaminated water. Japan vowed to take China to the World Trade Organization (WTO) to have Beijing lift the ban.

Japan has resorted to counter-accusations against China rather than admitting its errors in an effort to shift attention away from its disposal of nuclear-contaminated water and into tensions between China and Japan. The Japanese authority has refrained from saying that their release of water polluted with radioactive material from Fukushima into the sea is the primary source of the problem.

China defended its ban on seafood imports from Japan on Wednesday after Tokyo made it seem as though it will protest to the WTO. Wang Wenbin, a spokesman for the Chinese Foreign Ministry, stated at a press conference that Beijing's action is "truly legitimate and necessary" because it complies with international law, national laws, and a WTO agreement about the application of food safety and animal and plant health regulations.

Wang called the Fukushima water spill that started last week an "irresponsible and selfish act," adding that the world community has reacted negatively to this action by criticizing it and taking safety precautions.

In this regard, the Chinese stance is absolutely justified. It is a problem involving the health of humans and the marine environment worldwide. To safeguard the rights and interests of Chinese consumers, China swiftly issued a restriction on Japanese seafood items entering the Chinese market.

The seafood prohibitions are based on rational concerns about the nuclear-contaminated water's safety. Serious concerns are left out in the matter: Due to the widespread protests in South Korea, Malaysia, Indonesia, and China's Hong Kong Special Administrative Region (HKSAR) over the long-term environmental repercussions of the nuclear industry's disposal of radioactive waste, there is a lack of public support for Japan's reckless behavior. The release demonstrates that the nation's administration is not prepared to give environmental preservation and human rights first priority.

The Chinese government's position is reasonable. Japan must ensure the accuracy of its data on nuclear-contaminated water, and the efficiency of its monitoring system by engaging all stakeholders in the region. Japan is busy spreading a favorable narrative through select national and international media channels rather than taking the required action.

To ease concerns, Japanese Prime Minister Fumio Kishida has been reported to have eaten fish from Fukushima with ministers. The Japanese government may gain support from the international public opinion community for its arbitrary discharge of nuclear-contaminated water with Washington's assistance. But Japan must work with its regional stakeholders if it is willing to scientifically confirm the reality.

However, China won't be deterred by Japan's threat to take them to the WTO. One example can be drawn in this regard. In 2015, Japan officially lodged a complaint at the WTO against South Korea's ban and additional testing requirements, with its dispute settlement body initially ruling in favor of Japan in 2018. Last month, however, the WTO appellate body overturned its previous decision, saying the Seoul government's measures are not unfair trade restrictions and do not fall into the category of arbitrary discrimination.

Japan should abide by international law in this discharge matter as a signatory to the United Nations Convention on the Law of the Sea (UNCLOS). Japan should be committed to"protect and preserve the marine environment" and refrain from contaminating rivers from "land-based sources" by ratifying UNCLOS.

However, this time, the problem is made much worse by the lack of a strong international structure for supervision and compensation. Under these circumstances, Japan's insistence on starting an oceanic discharge is fraught with serious hazards and unpredictable perils. Due to the ocean's importance as a common habitat for humanity, all countries are required by international law to protect and maintain its delicate environment.

The discharge of Japanese Fukushima water into the sea would unavoidably influence across international borders due to elements including currents, size, and migratory fish. Even if it has already begun, it is still possible to halt it and develop a better solution by coordinating with all local, and regional stakeholders and the international community.

Farhad Chowdhury, a special commentator for CGTN, is a security and strategic affairs researcher and columnist. 

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