• 제목/요약/키워드: International Environmental Law

검색결과 164건 처리시간 0.026초

북한의 「자연보호구법」을 중심으로 한 자연환경보호제도 고찰 -경제분석의 한계 (Natural Environmental Protection System in North Korea-Economic and Legal Perspectives)

  • 이윤;차은영
    • 한국환경과학회지
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    • 제23권12호
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    • pp.2107-2120
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    • 2014
  • Natural environmental protection system in North Korea is rarely understood mainly because of lack of information in scientific and legislative fields. Legislation is very important to achieve goal for protected areas, which are described in "Natural Protected Area Law(NPAL)". Cabinet of North Korea has authorities to lead the Central Agency for Land and Environment Conservation(CALEC). Designation and managements of natural protected areas are regarded as CALEC and local governments responsibilities. There are many differences between South and North Korea. Especially legislation system has many differences. North Korea's Labor Party is superior to the Government and Labor Party's order has at least the same authority to regulate and manage the national policy and means. With NPAL, CALEC organizes the national plan for natural protected area and regulate the activities of the Agencies for Land and Environment Conservation in the aspects of action plan, budget and other resources. For the reunification in the future, legislation system of North Korea should be understood.

폐광의 환경친화적 관광자원 개발 방안 (Environmentally Friendly Utilization of the Abandoned Mine Sites As a Recreational Resource)

  • 최용복
    • 환경영향평가
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    • 제10권1호
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    • pp.49-57
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    • 2001
  • With reducing coal mining industry the number of coal mine sites between 1988 and 1998 was dropped from 347 to 12. Since the abandoned coal mine sites have been kept without any cares, they have raised various environmental and safety problems. Then, Korean government initiated a special law in 1995 for enhancing economic conditions and solving environmental problems with promoting developmental projects in the abandoned mining sites. As a result, casino business in Chungsun area has been opened to publics, and other large-scale developments such as ski slopes and resorts are planned. In addition, Boryung area in Chungchung province also will launch a large-scale project building golf courses. Based on this developmental trend, it is expected that lots of large-scale developments in other places will be taken place. In general, the large-scale developments have caused various environmental problems, and, thus, environmental aspects should be considered in a decision-making process. This paper examine the status of the abandoned mine sites in Korea and U.S. and suggests the alternatives of its utilization.

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우주개발동향과 주요 이슈 (Trend of Space Development and Issue)

  • 조홍제;신용도
    • 항공우주정책ㆍ법학회지
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    • 제29권1호
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    • pp.97-126
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    • 2014
  • October 4, 1957 the Soviet Sputnik 1 was launched into space the first time in the history of mankind. After launching, the realm of humankind was expanded to space. Today all countries of the world wage a fierce competition in order to utilize space for various purposes. World powers of space such as United States, Russia, China, and Japan, put reconnaissance satellites and ocean surveillance satellites into orbit, being able to easily see equipment and troops movement on earth. Each country makes efforts to occupy space assets through the militarization of space and expand national interests. Recently private companies or individuals involved in commercial space activities are becoming more prevalent. Thus, in addition to space activities for military purposes, commercial space activities become widespread. Individuals and private companies as well as nations are also involved in space activities. Outer space is not the monopoly of space powers such as the United States and Russia. The whole human race can benefit from free access to space, being the common heritage of mankind. In particular, outer space becomes an indispensable element of military activities and human life. Many countries are now entering space development, putting a lot of budget into new development programs. Republic of Korea also built the Narodo Space Center, starting its space development with budget and manpower. We have to find out ways to use space not only for military purposes but also for commercial space activities that can contribute to the national economy. In addition, through the joint efforts of the international community, we have to make efforts for preservation and peaceful use of space. Various issues relating to space activities and research should be studies in order to contribute to the progress of humanity. Those issues include the definition of outer space, space debris reduction and environmental conservation issues, non-bind measure cooperation - European International Code of Conduct, space law and national legislation related empowerment issues, arms control measures in space, and restrictions on the use of nuclear fuel. We also need to be involved in the discussion of those issues as one of responsible space countries. In addition, we try to find out regional cooperation schemes such as the ESA in the Europe actively. Currently in the Northeast Asia, cooperation bodies led by Japan and China respectively, are operated in the confrontational way. To avoid such confrontation, a new cooperative body needs to be established for cooperation on space exploration and information. The system to allow the exchange of satellite information for early warning of natural disasters needs to be built as well. In addition, efforts to enhance the effectiveness of the relevant international treaties on space, and fill in the blanks in international space laws should be made at the same time. To this end, we have to do a leading role in the establishment of standards such as non-binding measures (resolution) - Code of Conduct, being discussed in the UN and other organizations, and compliance with those standards. Courses in aerospace should be requires in law schools and educational institutes, and professional manpower need to be nurtured. In addition, the space-related technology and policy needs to be jointly studied among the private, public, and military groups, and the cross exchange among them should be encouraged.

토양오염도 현황 통계의 품질 진단과 개선 방안 (Statistics Quality Assessment and Improvement of Monitoring on Soil Quality)

  • 김기대
    • 한국환경과학회지
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    • 제18권10호
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    • pp.1079-1088
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    • 2009
  • The statistics of monitoring on soil quality is a report statistics which is made on the basis of Article 15, Environment Strategy Basic Law and Article 5, Soil Environment Conservation Law. This study was conducted according to quality assessment of Korea National Statistical Office. The assessment of quality infrastructure advised that the authority bring up and increase completely responsible officer and secure the budget. The assessment of user satisfaction and reflection of request propose that the statistics is focused on soil background concentration, decrease soil sampling points and extend survey period. The assessment of error management system per processes of detailed preparation suggest change of the statistics objective, a reduction of sampling points and improvement of survey period and soil measurement properties. Accuracy assessment of data proposed cuts of sampling points, accessibility increment and build up of management system linking subordinates and Ministry of Environment. The substantiality assessment of data service demonstrated information environment improvement for users including reference expression and records of statistics table and figure contents.

보전적 측면에서 바라본 한국과 일본의 국립공원제도 비교 (Study on Comparison of Korean and Japanese National Park Systems from the Conservation Perspective)

  • 조태동
    • 한국환경과학회지
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    • 제13권10호
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    • pp.871-882
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    • 2004
  • Korea's national park system resembles that of Japan in many ways. In this study, National park Systems of the two countries are compared from a standpoint of their historical backgrounds to be formed and in aspect of its conservation by the main revision of national park laws in perspective. In conclusion it was found out that Korea's toleration-based regulations on building park amenities have gradually neglected the park conservation effort, whereas Japan's authorization-oriented regulations have streng thened their emphasis on park conservation. From the comparison as above, the polices to be modified for Korean national park are proposed as follows: 1. National park system, which values diversity of species, is to be proposed. For this, the Article 8 which allows a development of National parks, Enforcement Ordinance Article 4, The Article 18 of Law, Enforcement Regulation Article 6 & 7 of National Park Law should be reviewed for deletion and revision. 2. On the basis of the laws, zoning system should be readjusted by discriminated conservation policy. Also, the readjustment of zoning system should be enforced after thorough analysis and research on the value of natural resources in the national park. 3. Korea should closely review the recently revised Japanese laws on the national parks and nature revitalization promotion for applying them to conservation policy of Korean national parks.

외래종관리에 관한 국제동향 및 정책방향 (International Trends and Policy Recommendations Related to Non-Indigenous Species)

  • 박용하
    • 환경정책연구
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    • 제1권1호
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    • pp.25-45
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    • 2002
  • Opening of trade relationships through an increasing number of international free trade agreements and the now defunct General Agreement on Tariffs and Trade has resulted in an increase the number of the species being exchanged in the world. In the last 20 years, international environmental laws have multiplied and a number of treaties address harmful non-indigenous species (NIS) directly with specific provisions, while other treaties deal with related environmental issues and indirectly affect international regulation of NIS; however, such treaties are weak due to lack of enforceability. From the stand point of national law, many countries including the USA, Australia and New Zealand enforce national laws and regulations to protect biological resources. Typical strategies include : 1) strengthening quarantines to prevent unintentional and illegal introduction of harmful NIS, and 2) developing technologies for managing harmful NIS. However, the recent international trend for managing NIS has shifted. In 2002, the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefit Arising out of their Utilization was adopted at the 6th Conference of the Parties to the Convention on Biodiversity. One major issue highlighted in the document is that "there is no more free of charge to get a biological resource from other countries". The Bonn guidelines will affect international and national NIS regulatory systems because the NIS is a potentially disrupts ecosystems as well as native species. A number of impacts are expected including the revamping of national biodiversity policy regimes in many countries in the world. In particular, the ROK, which is not very biologically diverse, has to evolve national laws to protect valuable ecosystems from NIS. In the meanwhile, national rights of using beneficial indigenous and non-indigenous species as biological resources should be considered through the investigation and national registration of NIS around the world for the promotion of the biotech industry.

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Urban Park and Green Space Planning System according to Newly Enacted Land Planning Related Laws, South Korea

  • Lee Myung-Woo
    • Journal of the Korean Institute of Landscape Architecture International Edition
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    • 제2호
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    • pp.25-31
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    • 2004
  • Newly revised Urban Park Act and Land Planning Law are evaluated. Through exploring their functions and limits. Critical guidelines for Green Space Preservation and Planning Law are suggestec. The following is the summary of the findings: 1. New urban and regina! planning system has the foundation for green space plannig expressed as environmental planning, green space planning, landscape planning and park planning. 2. New Urban park act broadens and diversifies the range of urban park and green space(eg, stream and river, road, detention pond etc.) 3. The Urban Natural park items are removed because of long tenn unconstructed urban facilities and the new concept of 'Urban Park Zone' are inserted. And Green Space Preservation District and Urban Greening District's were introduced. And system of Contract of green space utilization and Agreement of Greening were adapted. 4. There exists new emerging needs for establishment of comprehensive green space preservation and planning law. 5. And the green space system can be classified to preservation system, recreation system and scenery system .. 6. The types of proposed green space planning are regional green space plg. urban green space plg, and district unit green space plg.

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심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구 (The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area)

  • 김정은;박성욱
    • Ocean and Polar Research
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    • 제37권1호
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

나고야 의정서의 법적 쟁점과 우리나라 입장에 관한 제언 (The Legal Issues of Nagoya Protocol and Related Proposals for Korea)

  • 김명자;손영현;김혜영
    • 환경정책연구
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    • 제13권4호
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    • pp.161-190
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    • 2014
  • 나고야 의정서가 평창에서 열리는 UNCBD COP12 기간 중인 2014년 10월 12일에 발효되었다. 이러한 상황에서 본 논문은 나고야 의정서 발효에 따른 쟁점과 외국의 입법례를 분석하여 우리나라 입법안의 개선점을 비롯한 향후 대응 방안에 대해 고찰하였다. 외국의 입법례는 국제환경법 체제 구축에 선도적인 역할을 하는 EU와 대표적인 유전자원 제공국이라 할 수 있는 중국의 입법례를 분석하였다. 이러한 고찰을 통해 우리나라는 나고야 의정서관련 사인과 국가간의 분쟁해결절차 마련과 한중일의 월경성 자원 및 관련 전통지식에 대한 공동 관리를 국제사회에 주장하는 것이 필요하며, 국내적으로는 유전자원 관리 책임기관을 통합하는 방향으로 입법안을 개선하는 것 등이 필요하다.

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중국의 해양환경법제 분석과 전개방향에 관한 고찰 (Prospects for Building a Legal System for Marine Environment Protection in China)

  • 양희철;박성욱;박수진;권석재
    • Ocean and Polar Research
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    • 제30권1호
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    • pp.89-107
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    • 2008
  • Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.