| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 102 === Environment plays the important role not only in affecting human health and survivability but also in the field of (International Law) research ,environmental protection already became a symbol in upholding the national sovereignty .The economic development and environmental protection isn't incompatible.With the improvement of the technology and popularity of environmental responsibility , human not only can develop technology and enjoy convenience but also can give next generation the original condition by environmental protection.It's not only a dream ,it already became a trend . It is built on the basis of environmental responsibility and protection of human dignity .
The awareness of environmental responsibility is implement in international.The state consider the environment in the domain as sovereignty , and consider the factors outside the domain as rights of sovereignty . Both of them are not allowed other states to break , on the contrary should do the same.Harming the environmental sovereignty of other states is violate international law according to Responsibility of States .But the rules of customary international law contain two important elements "Continuity" and "Universality", also "Opinio Juris" which is made by subject .These rules which are based on long time contrast sharply with daily renewal technology , especially the cross-country environmental pollution formed from high technical development .Therefore , the Responsibility of States according to the "trans-boundary pollution" should be formulated to against the behaviors which have not been forbidden by State Law.
From 2011.3.11 , when Japan Fukushima Nuclear Accident took place , until 2014 , the pollutions like emission of radioavtive water into the sea occur continuously.The surrounding countries monitor the condition of pollution continuously , which not only can protect citizen's health but also can collect the evidence of pollution being the foundation to uphold environmental sovereignty .Therefore , this research analyze the way of handling "Fukushima Daiichi Nuclear Disaster " from our State basis on International Law .This research started from the responsibility of trans-boundary damage , contain the discussion related to International Environmental Law basis on formation of Responsibility of States , also include the Responsibility of States which should be assume from Fukushima Daiichi Nuclear Disaster .Finally , using the suggestion for the State policy as conclusion .
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