A new transboundary EIA mechanism is called for: Legal analysis and prospect of the disposal of Fukushima ALPS-treated water

Japan's ALPS-treated water disposal plan represents a novel environmental risk for humanity, challenging the existing international environmental legal framework. Consequently, the international community needs to establish a new legal mechanism for response. The core dispute of Japan's ALPS-treated water disposal plan revolves around the safety of ALPS-treated water. The only way to ascertain its safety is through a convincing joint transboundary EIA. Legally, ALPS-treated water should be classified as nuclear waste. Its ocean discharge should be clarified as 'disposal' rather than 'discharge' under international law. Although states most affected by this discharge behavior, such as China, South Korea and Russia could initiate international lawsuits, historical cases often conclude with conditional settlements or withdrawals. Consequently, the prospects may not be optimistic if we rely on the existing international environmental law framework to deal with the Japan's ALPS-treated water disposal plan. We should view the challenge brought by Japan's ALPS-treated water disposal as an opportunity for innovation of the international environmental protection framework. The priority should be to promote the establishment of a new transboundary EIA mechanism in Northeast Asia, incorporating non-compliance procedural elements into the resolution. This approach aims to swiftly resolve Japan's ALPS-treated water disposal issue and ultimately foster the innovative development of international transboundary EIA mechanisms.