해양환경보호와 상당한 주의(due diligence)

• 영문명: Due Diligence and the Protection of the Marine Environment
• 발행기관: 국제법평론회
• 저자명: 임정희
• 간행물 정보: 『국제법평론』제64호, 183~210쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.02.28

영문 초록

The Part XII of the UNCLOS, entitled “Protection and Preservation of the Marine Environment,” is by nature a framework and does not contain detailed norms and contents. Therefore, the role of due diligence in understanding and implementing marine environmental protection is critical. Due diligence can fill the gap in the content of specific obligations, serve as a criteria for fulfilling the obligation to protect the marine environment, and act as a factor to strengthen such obligation. With regard to the obligation to protect the marine environment, considering it merely element for determining breach of the obligations in the context of “State responsibility” has a limitation. Because the nature of the marine environment protection obligation requires the prevention of the pollution or harm to the marine environment. Given the nature of the primary obligation, due diligence can perform the function to bridge the gap between primary and secondary obligations. As due diligence is a flexible and variable concept, states can strengthen obligations to protect the marine environment and prevent marine pollution by reflecting the higher standards enabled by technological development. However, there is a concern that the flexible nature of this concept allows countries to have broader discretion in fulfilling obligations. This is because there is room for countries to interpret the degree of their obligations differently due to the subjective characteristics of expressions such as “all appropriate,” “as much as possible,” “necessary,” and “effective.” Recognizing these limitations, it would be desirable to enforce compliance with the proceduralization of the due diligence obligations. This includes developing each procedural obligation for the protection of marine environment and defining the forms and criteria of the due diligence obligation within the context of each procedural obligation. By doing so, countries can ensure that due diligence is implemented consistently and effectively in protecting the marine environment.

목차

Ⅰ. 서 론

Ⅱ. 상당한 주의(due diligence)의 개념 및 발전과정

Ⅲ. 해양환경보호와 상당한 주의(due diligence) 의무

Ⅳ. 결 론

키워드

상당한 주의 유엔해양법협약 제12부 해양환경보호의무 예방원칙 절차화 Due Diligence UNCLOS Part Ⅻ Protection of Marine Environment Marine Pollution No-Harm Principle Prevention Principle Proceduralization