排出權의 法的 性質

• 영문명: Legal Nature of Emission Right
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최경진(Kyoung-Jin Choi)
• 간행물 정보: 『비교사법』比較私法 제17권 제1호, 415~456쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.03.30

영문 초록

Global effort has been devoted to respond against global warming after adoption of the UN Framework Convention on Climate Change and the Kyoto Protocol. Specially, three mechanisms from the Kyoto Protocol became a threshold of discussion of Emission Trading System. Korea is also trying to make new legal system for emission trading. The very recent legislation of “Green Development Framework Act” gives the legal basis for emission trading, even though it provides just one article. Now we first have to discuss about the legal nature of emission or emission right for the purpose of design the concrete legal system suitable to our country. Because ruling of emission trading can be varied according to its legal nature. So, this paper deals with the problem of how the legal term has to be defined, comparative analysis of the legal nature, and legal construction under the Korean applicable laws. After all those studies, it concldes as followings. Foreign cases are variable, but “emission right” is proper from Korean perspective. The legal nature in foreign countries is very relevant to their own law system, specially civil law or property law. Finally, allowance to emit can be construed as Res or Thing under Article 98 of Korean Civil Law from my own view, and emission right can be special property right. But it must be based on new legislation for registry system

목차

Ⅰ. 서론

Ⅱ. 배출권의 의의 및 거래 모습

Ⅲ. 배출권의 법적 성질에 관한 비교법적 고찰

Ⅳ. 배출권의 법적 성질

Ⅴ. 결론

키워드

교토의정서 교토메커니즘 배출권 배출허용량 배출권거래 물건 권리객체 법적 성질 금융투자상품 Kyoto Protocol Kyoto Mechanisms Emission Right Emission Trading Allowance Res Thing Object of Right Legal nature Financial Investment Product