• Journal of Environmental Policy
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• v.6 no.4
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• pp.1-28
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• 2007

Because the result of environmental pollution of one state is not limited to the national border but spills over into neighboring countries or global environment either directly or indirectly, international discussions on environment are crucial in domestic environmental law and policy. International environmental law demands differential obligation between developed and developing countries in the principle of 'common but differentiated responsibility'. The common but differentiated responsibility is the principle that draws distinction between developed and developing countries about global environmental issues, while recognizing the common responsibility of environmental protection for all nations. Environmental technology transfer or financial support from developed countries to developing countries, for example, has been discussed. The problem is the status of Korea. Korea's international environmental policy will be different by the distinction of responsibility for international environmental protection according to the status of developed and developing countries. International communities have never established a clear standard distinguishing developed from developing countries in any international laws. The WTO entrusts each country to decide whether it is a developing country or not. In the international environmental law, the status of a country is determined by the ability to negotiate. The status of Korea, thus, cannot be fixed in general international law. Rather, the Korean government is able to choose its own status strategically, It can be a policy choice to insist that Korea's developing country so as to reduce the burden of international responsibility. But, considering an economic indicator and environmental pollution indicator at which Korea ranks about 10th, the reality of Korea is much closer to a developed country. Positive policies such as development of environment-friendly technologies and products should be preferred to defensive assertion of developing country.

• Journal of Navigation and Port Research
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• v.35 no.5
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• pp.371-380
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• 2011

Traditionally, UNCLOS stipulates that States have the obligation and responsibility to protect and preserve the marine environment and exercise their rights in Principle of Non-Discrimination with respect to foreign ships visiting to port states. UNFCCC and Kyoto protocol established Common but Differentiated Responsibility as the basis which is established on the historic responsibility. The principle in which IMO is presently developing the regulations of Green House Gas emitted from ships is contradict with the principle of UNFCCC regime. In this paper, the development and the principle of UNFCCC and Kyoto protocol is surveyed and it provides the tendency of the IMO activities regarding GHG emission from ships. Also, through consideration of the problems and restrictions drawn from comparison between two principles, the conclusion suggests the fundamental theory and implementation means in order to carry out the purpose of IMO regulations in accordance with the principles of UNCLOS and IMO Convention.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.47-67
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• 2009

In recent years, greenhouse gas (GHG) reduction has become high priority issue in international aviation. GHG emissions from the aviation sector only accounts for approximately 2 percent of total GHG emissions in the world. However, as with GHG gases in other sectors, it has been pointed out as a contributing factor to global warming and there is an ongoing conversation in the aviation community to establish international framework for emissions reductions. In the case of international aviation, effects of aviation activities of a State go beyond the airports and airspace of that State. This makes compiling of GHG emissions data very difficult. There are also other legal and technical issues, namely the principle of “Common but Differentiated Responsibility (CBDR)” under the United Nations Framework Convention on Climate Change (UNFCCC) and “Fair Opportunity” principle of the Chicago Convention. For all these reason, it is expected that it will not be an easy job to establish an internationally agreed mechanism for reducing emissions in spite of continuing collaboration among States. UN adopted the UNFCCC in 1990 and the Kyoto Protocol in 1997 to impose common but differentiated responsibility on emissions reductions. In international aviation, ICAO has been taking the lead in measures for the aviation sector. In this role, ICAO held the High-level Meeting on International Aviation and Climate Change on 7 to 9 October 2009 at its Headquarters in Montreal and endorsed recommendations on reducing GHG from international aviation which will also be reported to the 15th Meeting of the Conference of the Parties (COP15). Key items include basic principle in global aviation emissions reduction: aspirational goals and implementation options: strategies and measures to achieve goals: means to measure and monitor the implementation; and financial and human resources. It is very likely that the Republic of Korea will be included among the Parties subject to mandatory limitation or reduction of GHG emissions after 2013. Therefore, it is necessary for Korea to thoroughly analyze ICAO measures to develop comprehensive measures for reducing aviation emissions and to take proactive actions to prepare for future discussions on critical issues after COP15.

• Ocean and Polar Research
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• v.28 no.2
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• pp.163-173
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• 2006

The so called Antarctic Treaty System, started from the Antarctic Treaty in 1959, has gradually been enlarged into the concept of an international environmental regime, which has been included in not a few international institutions, treaties, conventions, and international non-governmental organizations (INGO). This kind of movement, as in the role of an international environmental regime, has recently been highlighted in the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol is taking appropriate measures as an international environmental regime in regulating its member nations by enforcing principles in protecting Antarctic resources and environment, regulating member nations' Antarctic activities, establishing norms in the adoption of international and domestic laws, and devising regulations for deciding administrative actions through the member nations' collective decision-making procedures. h this context, this paper is to test a few questions; firstly, how the Antarctic Treaty System can be related with the role of international environmental regime; secondly, how the theories of international environmental regime, such as the hegemony theory, rational choice theory, and international morality theory, can be tested in the role of Antarctic Treaty System as an international environmental regime. Finally, this paper provides a solution for the future problems of the Antarctic Treaty System as an international environmental regime regarding the regime's principle (conflict between the environmental principle and the right of nation-state), norms and regulations (the conflict between the developed and underdeveloped nations in terms of the concept of 'common but differentiated environmental responsibility'), cooperation directions (the leadership problems between hegemonic nation and multilateral leading groups), and management methods (cooperation and arrangement problems among expert institutions, observer groups, and INGO).

• Proceedings of the Plant Resources Society of Korea Conference
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• 2022.09a
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• pp.4-4
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• 2022

앞으로 10년간 세계의 생물다양성 보전을 위한 유엔 생물다양성협약 당사국 총회가 2022년 12월 캐나다 몬트리올에서 열린다. 전 세계 전문가와 정책입안자들이 여러 내용을 다루지만 그중에서도 염기서열 정보에 관한 내용을 집중적으로 소개한다. 우선 생물다양성협약에서의 이익공유에 관한 내용은 북아시아 원산인 콩을 현재 대량으로 재배하고 수확하고 있는 미국, 브라질 등의 사례를 선별하여 소개한다. 이어서 생물다양성협약 체결 전후의 생물자원에 대한 인식 변화로 인해 국제적으로 합의한 나고야 의정서의 주요 핵심 내용을 발표한다. 그러나, 최근의 합성생물학은 유전정보만을 가지고 설계자의 의도대로 실물 생물자원 없이 새로운 생물과 원하는 물질을 합성할 수 있기에 국제적으로 마찰이 발생하고 있다. 유전공학과 합성생물학에서 가장 기본적으로 이용하고 있는 유전정보를 생물다양성협약에서는 어떻게 정의하고 있는지, 그리고 이익을 어떻게 공유하는지 알아본다. 생물자원 이용 국가들은 유전정보는 물리적인 실체가 없기에 이익공유대상이 아님을 주장하면서 유전정보는 원하는 누구에게나 이용되어야 한다고 보고 있다. 반면 생물자원 풍부국 입장은 생명과학기술 발전으로 인해 원산지 국가의 허가 없이 생물 유전정보를 활용하는 것은 생물 주권의 침해로 보고 있으며, 유전정보를 실물 생물자원과 동일하게 취급하여 나고야 의정서상의 이익공유를 요구하고 있다. 유전정보에 대한 대한민국의 공식적인 입장과 제 14차 협약 총회에서 합의한 결정문을 소개한다. 또한, 2019년 생물다양성과학기구(IPBES)에서 지구의 생물다양성과 생태계를 평가한 보고서에서 생물 멸종의 위협요인으로 제시된 토지이용 변화, 남획, 기후변화, 오염, 외래종에 대한 문제점을 기반으로 작성된 post-2020 생물다양성협약 10개년 실행 목표를 알아보고 2022년 12월 개최하는 제15차 당사국총회의 주요 의제에 대한 전망과 최근 문제가 되고 있는 '공동의 그러나 차별적인 책임(CBDR, Common But Differentiated Responsibility)'의 개념을 소개한다.