국제환경법과 국내법 (International Environmental Law and Domestic Law)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 57호 / 1 ~ 28페이지
· 저자명 : 이재곤

초록

International environmental law and domestic environmental law have mutually influenced on each other in their birth, formation and development. This paper examines how international environmental law and domestic environmental law have exerted a concrete effect on each other and what role they have played with each other. The final goal of this article is to identify problems that have appeared in the above-mentioned examination and to find appropriate solutions to improve it.
Overall, it is evaluated that international environmental law and domestic environmental regulations have been mutually harmonized and improved consistency. However, there are several obstacles in the smooth harmonization of domestic environmental laws with international environmental law. At first, environmental standards and obligations under environmental treaties are stipulated in ambiguous terms, and many provisions of environmental treaties declare only basic principles or the basic framework of regulations, so they do not provide specific obligations. Second, there are no or only weak devices to monitor compliances of international environmental law. Third, developing countries are lacking in scientific, technological and financial capabilities which are necessary for responding to international environmental protection. Institutional mechanisms to assist capacity-building of developing countries are not sufficient to provide proper help to them. It is necessary to find methods to solve the obstacles.
Korea has endeavored not only to adopt international environmental norms into domestic environmental legislation and to set up necessary domestic institutional mechanisms, but also to establish a necessary regional and international environmental cooperation system, along with economic development and enhancement of international status. Through this, it is understood that Korea's domestic environmental norms have generally developed in a direction consistent with the obligations and standards of international environmental norms. However, there are a couple of problems to solve for the improvement of harmonization. First, Korea is still not a party to some multi-environmental conventions that have significant implications for international environmental protection. Second, although Korea has realistic or potential problems such as transboundary air pollution and marine pollution, it has few regulations to cope with the situation. Third, So far, Korea has not taken a leading or active attitude toward setting international regulations and directions for environmental standards and environmental protection. Forth, the works for the response to one environmental problem are be distributed among various ministries, which may hinder comprehensive approaches to harmonize with international environmental norms.

영어초록

International environmental law and domestic environmental law have mutually influenced on each other in their birth, formation and development. This paper examines how international environmental law and domestic environmental law have exerted a concrete effect on each other and what role they have played with each other. The final goal of this article is to identify problems that have appeared in the above-mentioned examination and to find appropriate solutions to improve it.
Overall, it is evaluated that international environmental law and domestic environmental regulations have been mutually harmonized and improved consistency. However, there are several obstacles in the smooth harmonization of domestic environmental laws with international environmental law. At first, environmental standards and obligations under environmental treaties are stipulated in ambiguous terms, and many provisions of environmental treaties declare only basic principles or the basic framework of regulations, so they do not provide specific obligations. Second, there are no or only weak devices to monitor compliances of international environmental law. Third, developing countries are lacking in scientific, technological and financial capabilities which are necessary for responding to international environmental protection. Institutional mechanisms to assist capacity-building of developing countries are not sufficient to provide proper help to them. It is necessary to find methods to solve the obstacles.
Korea has endeavored not only to adopt international environmental norms into domestic environmental legislation and to set up necessary domestic institutional mechanisms, but also to establish a necessary regional and international environmental cooperation system, along with economic development and enhancement of international status. Through this, it is understood that Korea's domestic environmental norms have generally developed in a direction consistent with the obligations and standards of international environmental norms. However, there are a couple of problems to solve for the improvement of harmonization. First, Korea is still not a party to some multi-environmental conventions that have significant implications for international environmental protection. Second, although Korea has realistic or potential problems such as transboundary air pollution and marine pollution, it has few regulations to cope with the situation. Third, So far, Korea has not taken a leading or active attitude toward setting international regulations and directions for environmental standards and environmental protection. Forth, the works for the response to one environmental problem are be distributed among various ministries, which may hinder comprehensive approaches to harmonize with international environmental norms.

참고자료

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