국제환경법상 환경정보공유에 관한 연구

• 영문명: A Study on Environmental Information Sharing in International Environmental Law
• 발행기관: 국제법평론회
• 저자명: 김대희(Daehee Kim)
• 간행물 정보: 『국제법평론』제37호, 225~237쪽, 전체 12쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.04.30

영문 초록

International Society has experienced a transition from co-existence era to cooperation era. With the change, International law has developed from law of co-existence to law of cooperation. The United Nations and the Charter in the political and diplomatic area or WTO and its agreements demonstrate the transitional trend. which is common in the whole area of international law and is based on information cooperation. However, international organization or international agreement for information cooperation have been not established in international environmental area. Awareness and solution to environmental problems require information cooperation. This study explores the existing international environmental law for sharing environmental information. ‘International Environmental Information Sharing’ means providing and receiving environmental information through notification, exchange, report and the response to a certain request for preventing environmental pollution or harm. It is a method to cooperate in international environmental law based on theoretical ground of goodneighborness and good faith. States constitute a single community of interests sharing natural resources such as air, sea and river. PCIJ and ICJ confirmed the idea of community of interest as general international law. Thus, states have to contemplate the community interest using shared natural resources. States have argued the Absolute Territorial Sovereignty or the Absolute Territorial Integration. We should consider the fact that They are not legal norms to be applied to environmental dispute settlement between parties, but only means to negotiate for their individual environmental interest. States have accepted the Limited Territorial Sovereignty when they experienced conflicts or disputes of environmental interest. Simply put, the duty to cooperate in international environmental law has been recognized as international customary law or developed as the soft law for sharing environmental information. It is Notification that the cardinal duty to share environmental information in the international environmental law is. Notification falls into two categories. One is prior notification, which is considered at the ‘planning stage’ of the particular industrial or economic activities and the other is notification of an emergency, which is considered in the operation of the activity. Notification accompanies the environmental impact assessment and the consultation. States shall discharge their due diligence to recognize or assess risk of their activity. If a state of origin is aware of risk of its activity in planning process or operation, the state is required to consult with the relevant states. Also, states, which are affected or likely to be affected by industrial activities of other state, enjoy the right to request the relevant environmental information to the state of origin with reasonable grounds. Some issues of notification in the international environmental law are as follows. A number of scholars say that procedural obligation such as the environmental impact assessment, notification and consultation has no binding effect in the planned stage of activities involving risk of transboundary harm. Certainly, Environmental Impact Assess is recognized as a part of international environmental law witnessed in ICJ’s Pulp Mills case and ITLOS’s advisory opinion on Responsibility and Obligation of States Sponsoring Persons and Entities with Respect to Activities in the Area. But, there is controversy over binding effect of notification and consultation of the planned activities' risk. International Environmental Information Sharing is to prevent transnational environmental harm. Responsibility to prevent the harm is materialized through the environmental impact assessment, notification and consultation. Default of the three procedural obligations or measures constitutes a breach of international obligation, that is, responsibility to preven

목차

Ⅰ. 서론

Ⅱ. 국제환경정보공유에 관한 이론적 연구

Ⅲ. 결론 : 지구환경보호를 위한 제언

Abstract

키워드

환경정보 협력의무 이익공동체 절차적 의무 통지 Environmental Information Duty to Cooperate Community of Interest Procedural Obligation Notification