• Title/Summary/Keyword: environmental law

Search Result 1,113, Processing Time 0.026 seconds

Legal Status of Korea in International Environmental Law - Mainly focused on the Classification of Developed and Developing Countries - (국제환경법상 우리나라의 법적 지위 - 선진국과 개도국의 구분을 중심으로 -)

  • Seo, Won-Sang
    • Journal of Environmental Policy
    • /
    • v.6 no.4
    • /
    • pp.1-28
    • /
    • 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.

  • PDF

Implementation Methods for Climate Change Impact Assessment (기후변화영향평가제도 시행 방안)

  • Lee, Youngsoo;Lee, Seunghyun;Choi, Sangki
    • Journal of Environmental Impact Assessment
    • /
    • v.27 no.4
    • /
    • pp.345-352
    • /
    • 2018

  • In order to establish mainstreaming of climate change adaptation in policy, plan, program or project, we set up three kinds of implementation methods. The first is preparation of new law(tentatively called "Act on Climate Change Response") and independent implementation, the second is preparation of new law and two kinds of implementation in existing Environmental Impact Assessment system, and the third is integrated assessment in Environmental Impact Assessment system without new legal base. And we analyzed merits and demerits of suggested schemes, and specific contents of each method. Furthermore, we suggested overview of contents of new law and revised Environmental Impact Assessment law and related regulations.

  • https://doi.org/10.14249/eia.2018.27.4.345 인용 PDF KSCI

A Study on the Financial System for Developing Mineral Resources and Protecting the Marine Environment in the Area (심해저 광물자원 개발과 해양환경보호를 위한 재정제도에 관한 연구)

  • Seongwook Park
    • Ocean and Polar Research
    • /
    • v.45 no.1
    • /
    • pp.11-22
    • /
    • 2023

  • For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

  • https://doi.org/10.4217/OPR.2023001 인용 PDF

A Study on the Systematization of the Legal Framework for Environmental Impact Assessment Systems (환경영향평가법(環境影響評價法)의 체계정립(體系定立)에 관한 연구(硏究))

  • Jeong, Yeon-Man
    • Journal of Environmental Impact Assessment
    • /
    • v.10 no.3
    • /
    • pp.195-209
    • /
    • 2001

  • The objective of this study is intended to propose plans for reforming environmental impact assessment(EIA) systems by reviewing the current legal systems of EIA related laws and their implementation status in Korea, and by comparing the Korean situation to EIA systems in several foreign countries. This study tried to integrate all EIA related systems scattered over several laws into one comprehensive EIA law, and also to develop legal procedures necessary to accomplish the legislative purpose of the integrated EIA law. Therefore, I propose four reforms (1) All EIA systems should be integrated into one comprehensive EIA act. (2) Administrative plans and policies, though environmentally harmful, which are not currently subject to any prior consultation system, should be covered by the prior consultation system. (3) A screening or scoping should be adopted. (4) Widen civil participation should be encouraged and the administrative control enforcement and introduction of group litigation or citizen suits would be considered.

  • PDF

Transboundary Environmental Harm as a Threat to National Security - Theoretical Analysis and Case Studies - (국가안보에 대한 위협으로서의 국제적 환경손상 - 환경안보의 이론과 사례에 대한 검토 -)

  • Moh, Young-Dawng
    • Korean Security Journal
    • /
    • no.36
    • /
    • pp.201-225
    • /
    • 2013

  • The link between transnational environmental harm and national security has attracted new attention due to the environmental crisis such as climate change, nuclear accidents and, pollution. However, both domestic and international environmental regimes are still tied to the unsuccessful and unclear notion-sustainable development. The present author argues that environment should be considered as a security matter for the effective environmental protection. If, for example, a nation committed a serious environmental harm and the effects spans borderlines, and the source nation refuses to cooperate or compensate, would sustainable development still be an appropriate measure? Then, what would be the victim state's tool to protect its own security? The present author first looks into the possibility utilizing UN Security Council. But due to its limited legality and effectiveness in this environmental matter the present author would like to propose a non-traditional but a not-brand new method. This new method reflects two new trends both from international law and security areas. First, this approach clearly moves from the military focused security concept to broader security concept. Second, this is also a shift from traditional international law to transnational law. With these two new approaches, we will find a more suitable answer both for securing national environmental security and for protecting environment.

  • PDF