국제환경법상의 사전배려원칙

• 영문명: Precautionary Principle in International Environmental Law
• 발행기관: 원광대학교 법학연구소
• 저자명: 류권홍(Ryu, Kwon-Hong)
• 간행물 정보: 『원광법학』제23권 제3호, 119~151쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Understanding of these; first, ecological inter-dependant don't respect artificial jurisdiction, second, in tradition, the issues being dealt with as a domestic problem have the international implication, has contributed to the development of International Environmental Law. It is, also, needless to say that the development of science and technology is the critical ground of International Environmental Law. Scientific certainty and assimilative capacity approach have played the most important role in dealing with the environmental issues. However, the conception on the environment became wider to include not only domestic but also international issues since 1980s. Further, scientific certainty and assimilative capacity approach faced the difficulties because of scientific uncertainty. In other words, under these approaches scientific certainty is to be strictly required in order to take a step to protect human and environment; therefore, sufficient and correct scientific information has to be submitted before a measure takes place. In reality, it is extremely difficult to prove the cause between an activity and its result under the given scientific degree. Moreover, this process will cause serious and irreversible harm to environment while waiting for the certain scientific proof. It would have the important implication to analyze the definition of precautionary principle, the relationship with other principles of international environmental law, background of its development and its position as an international law principle, the cases in which precautionary principle was a main issue, and issues relating to this principle such as the shift of burden of proof and early risk assessment. As the result of the application of precautionary principle, there are a lot of changes having practical implication; the requirement for scientific certainty will be loosen, assimilative capacity approach based on the assumption which environment has the capacity to assimilate the harmful effect caused by the human activity would lose its position, any protective action is to be taken without having to wait for the apparent scientific information, and the requirement of participation of the citizen in the process of decision making of the officials having authority on whether to allow the grant or not. On top of those, it is strongly expected that the shift of burden of proof from applicant to polluter, early risk assessment, and the obligation to give the information to the parties who will be under risk will play the most important role with taking the position as a customary international law.

목차

Ⅰ. 서 론

Ⅱ. 개 념

Ⅲ. 역 사

Ⅳ. 국제법상 지위

Ⅴ. 관련 이슈들

Ⅵ. 결 론

참고문헌

Abstract

키워드

사전배려의 원칙 사전주의 원칙 국제환경법 입증책임의 전환 조시위험성평가 환경영향평가 과학적 불확실성 Precautionary Principle International Environmental Law The Shift of Burden of Proof Early Risk Assessment Environmental Impact Assessment Scientific Uncertainty