Journal
MARINE POLICY
Volume 159, Issue -, Pages -Publisher
ELSEVIER SCI LTD
DOI: 10.1016/j.marpol.2023.105930
Keywords
Fukushima Wastewater; Japan; South Korea; WTO Korea-Japan Fishery Dispute
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The Korea-Fishery Products Importation Restriction case highlights the importance of considering qualitative criteria in addition to quantitative criteria when assessing risk control measures.
In the Korea-Fishery Products Importation Restriction case, the Appellate Body rejected the Panel's decision which solely applied quantitative criteria in assessing Korea's SPS measures. The Appellate Body's judgment holding that the location of the accident must also consider qualitative criteria was an affirmation of the point that sufficient scientific evidence was not solely equivalent to quantitative evidence. The case at hand demonstrated the uncertainty of risk that the contaminated water from the incident posed- thereby further showing that quantitative measurements of a certain factor cannot serve as an absolute benchmark for justifying the discharge measures for the contaminated water.
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