국제해양법상의 해상풍력발전에 관한 연구 (A Study on the Offshore Wind Power Generation under the International Law of the Sea)

서지정보

· 발행기관 : 국제법평론회
· 수록지 정보 : 국제법평론 / 68호 / 181 ~ 198페이지
· 저자명 : 김민

초록

This study aimed to predict what legal issues will rise as offshore wind power generation gradually expands as a means of meeting a state’s climate change obligations, as well as whether the 1982 United Nations Convention on the Law of the Sea (UNCLOS) could resolve these legal issues. Furthermore, it discussed domestic and international legal issues that ROK, which is currently implementing an offshore wind power expansion policy, must address in order to contribute to the trend of reducing carbon emissions.
Large-scale offshore wind farms near coastal countries can present a number of the law of the sea issues, such as potential conflicts with ships that navigate around these countries. it is imperative to examine whether convention system is set up to prepare for such a risk before building a large offshore wind farm. The examination of the presence of conventions revealed that coastal countries could reduce collision risks due to offshore wind farm characteristics by using the mechanisms within UNCLOS called “generally accepted international rules.” Through generally accepted international rule mechanisms, coastal countries accept IMO resolutions such as A.572(14) and A.671(16), which require the potential impact on safety of navigation be assessed at the planning stage of offshore wind farms in light of the characteristics of multiple structures containing dozens and hundreds of wind turbines, and any additional effects that might ensue be evaluated.
When the UNCLOS was drafted, noise and electromagnetic fields associated with the construction, operation, or decommissioning of large offshore wind farms were unpredicted pollutants. Despite this, these pollutants conform to the requirements of marine environmental pollution described in Article 1, Paragraph 1 (4) of the UNCLOS. When examined in terms of the type of subject causing the pollution and the results of the pollution. Accordingly, given the size and impact of the recently constructed offshore wind farm on the ecosystem, it is evident that countries planning the construction of offshore wind farms must conduct the Environmental Impact Assessment (EIA) prior to the construction of the wind farm, in accordance with UNCLOS Articles 206, 192, and 194.
Although the international trend to reduce carbon emissions continues to require wind power to be generated in high seas, countries are still free to build offshore wind farms and submarine cables independently. There is, however, no safety zone system needed to prepare for safety of navigation problems that may arise when countries build wind farms in high seas, and the UNCLOS does not regulate the issue of implementing environmental impact assessments and establishing relationships with existing area-based management tools (ABMTs). In this regard, this study proposed adopting new implementation agreement for wind power generation in high seas using the implementation agreement set forth in the UNCLOS.
Furthermore, this study examines the legal policy of ROK for expanding offshore wind farms in order to meet its international carbon reduction obligations, as well as relevant domestic and international legal issues, and it was found that legal systems should be supplemented to deal with safety of navigation, environmental impact assessment, and submarine cable installation and operation, and that wind farms should be built in overlapping areas with caution.
In conclusion, offshore wind farms are recognized as a means of fulfilling a state's legal obligation to protect the environment from greenhouse gas emissions today, rather than just a method of energy production based on individual states’ choices, given how a state's legal obligation to protect the environment from greenhouse gas emissions is receiving increasing attention and reinforced today. Consequently, offshore wind farms will gradually expand by more states and various maritime legal issues will arise. Nevertheless, despite the fact that offshore wind farms were not anticipated at the time of UNCLOS' conclusion, this study found that states will be able to regulate them adequately by enacting UNCLOS capable of regulating new phenomena.

영어초록

This study aimed to predict what legal issues will rise as offshore wind power generation gradually expands as a means of meeting a state’s climate change obligations, as well as whether the 1982 United Nations Convention on the Law of the Sea (UNCLOS) could resolve these legal issues. Furthermore, it discussed domestic and international legal issues that ROK, which is currently implementing an offshore wind power expansion policy, must address in order to contribute to the trend of reducing carbon emissions.
Large-scale offshore wind farms near coastal countries can present a number of the law of the sea issues, such as potential conflicts with ships that navigate around these countries. it is imperative to examine whether convention system is set up to prepare for such a risk before building a large offshore wind farm. The examination of the presence of conventions revealed that coastal countries could reduce collision risks due to offshore wind farm characteristics by using the mechanisms within UNCLOS called “generally accepted international rules.” Through generally accepted international rule mechanisms, coastal countries accept IMO resolutions such as A.572(14) and A.671(16), which require the potential impact on safety of navigation be assessed at the planning stage of offshore wind farms in light of the characteristics of multiple structures containing dozens and hundreds of wind turbines, and any additional effects that might ensue be evaluated.
When the UNCLOS was drafted, noise and electromagnetic fields associated with the construction, operation, or decommissioning of large offshore wind farms were unpredicted pollutants. Despite this, these pollutants conform to the requirements of marine environmental pollution described in Article 1, Paragraph 1 (4) of the UNCLOS. When examined in terms of the type of subject causing the pollution and the results of the pollution. Accordingly, given the size and impact of the recently constructed offshore wind farm on the ecosystem, it is evident that countries planning the construction of offshore wind farms must conduct the Environmental Impact Assessment (EIA) prior to the construction of the wind farm, in accordance with UNCLOS Articles 206, 192, and 194.
Although the international trend to reduce carbon emissions continues to require wind power to be generated in high seas, countries are still free to build offshore wind farms and submarine cables independently. There is, however, no safety zone system needed to prepare for safety of navigation problems that may arise when countries build wind farms in high seas, and the UNCLOS does not regulate the issue of implementing environmental impact assessments and establishing relationships with existing area-based management tools (ABMTs). In this regard, this study proposed adopting new implementation agreement for wind power generation in high seas using the implementation agreement set forth in the UNCLOS.
Furthermore, this study examines the legal policy of ROK for expanding offshore wind farms in order to meet its international carbon reduction obligations, as well as relevant domestic and international legal issues, and it was found that legal systems should be supplemented to deal with safety of navigation, environmental impact assessment, and submarine cable installation and operation, and that wind farms should be built in overlapping areas with caution.
In conclusion, offshore wind farms are recognized as a means of fulfilling a state's legal obligation to protect the environment from greenhouse gas emissions today, rather than just a method of energy production based on individual states’ choices, given how a state's legal obligation to protect the environment from greenhouse gas emissions is receiving increasing attention and reinforced today. Consequently, offshore wind farms will gradually expand by more states and various maritime legal issues will arise. Nevertheless, despite the fact that offshore wind farms were not anticipated at the time of UNCLOS' conclusion, this study found that states will be able to regulate them adequately by enacting UNCLOS capable of regulating new phenomena.

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