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Precautionary Principle in Adjudicating Uncertainties: A Short Review on Science and Law
Changdeok Gim1,2, Nicola Ulibarri3, David L Feldman4
1Department of Technology and Society, The State University of New York Korea, Incheon, South Korea. Changdeok.Gim@stonybrook.edu.
Environmental Management
|July 9, 2026
Summary
The precautionary principle can bridge gaps in international law for managing scientific uncertainties, particularly concerning environmental risks from nuclear-polluted wastewater. This approach aids in adjudicating long-horizon environmental harms like those from the Fukushima disaster.
Area of Science:
- Environmental Law
- International Law
- Risk Assessment
Background:
- The Fukushima disaster released nuclear-polluted wastewater, creating scientific uncertainties regarding regional public health risks.
- Discrepancies in risk assessments and standards escalate these uncertainties into political disputes in East Asia.
Purpose of the Study:
- To investigate institutional mechanisms for managing scientific uncertainties in environmental risk adjudication.
- To explore the application of the precautionary principle in international legal frameworks for environmental disputes.
Main Methods:
- Analysis of international legal frameworks, including the United Nations Convention on the Law of the Sea (UNCLOS) and World Trade Organization (WTO) resolutions.
- Examination of the Fukushima nuclear wastewater case as a specific application.
Main Results:
- Current legal frameworks face challenges in addressing complex scientific uncertainties and long-horizon environmental harms.
- The precautionary principle offers a potential "gatekeeping" mechanism for international courts.
Conclusions:
- Adopting the precautionary principle in international adjudication can bridge methodological discrepancies between legal procedures and scientific evidence.
- This approach is crucial for including long-horizon environmental harms, such as those from Fukushima, in legal resolutions.
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