2014 Volume 14 Pages 99-108
Access to information has now become an essential component of fundamental human rights such as right to life and right to health. International norms related to nuclear activities developed in the framework of IAEA do not contain mandatory rules that guarantee access to information of those likely to be affected by these activities.
Striking developments in enhancement of access to environmental information have recently been observed. Among others, 1998 Aarhus Convention obliges States to guarantee access to environmental information very extensively as well as to collect and disseminate environmental information. The Convention also explicitly provides for State’s obligation to guarantee access to environmental information in the event of any imminent threat to human health or the environment. On the other hand, more importance has been placed on access to information under international human rights treaties, among others the European Convention on Human Rights. According to the case law developed by the European Court of Human Rights under the European Convention, States have the positive obligation to take preventive measures to protect individuals likely to be affected when there’s a real and imminent threat in order to protect their right to life and their right to respect for private and family life. It should be noted that the European Court has placed special importance on access to information among preventive measures to be taken by States.
Experiences we had in the course of accident of Fukushima Daiichi Nuclear Power Plant suggest that Japan should take necessary measures to sufficiently guarantee access to information in emergency situation and establish a scheme for collecting and disseminating relevant information for such purpose; that it is also essential to establish a legal regime in which, in the context of privatization of public service, information held not only by public authorities but also by private entities performing public service should be collected and made available to the public. In order to provide better protection of people against risks which involve scientific uncertainty and which might be materialized after a lapse of long time, such as risk of radioactivity, it is necessary to establish a legal regime reflecting the most recentinternational developments of access to information.
