국제환경법상 초국경 환경피해 책임(liability) - 기후변화에 대한 강력한 대응으로서의 고찰

• 영문명: Liability for Transboundary Environmental Harmunder International Environmental Law : A Robust Response to Climate Change
• 발행기관: 국제법평론회
• 저자명: 최유진(Eugene Cheigh)
• 간행물 정보: 『국제법평론』제71호, 103~115쪽, 전체 13쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

The term “liability,” as used in this dissertation, refers to situations where states have a duty to take reparatory measures to victims for significant transboundary environmental harm that can arise from hazardous activities carried out under their jurisdiction, irrespective of the unlawfulness of those activities under international law, with the ability to channel and allocate that duty to operators, other persons, or entities through their national laws. Even though the normative status of liability remains aspirational, its application is neccesary and feasible to complement existing international legal responses to climate change. This is due to its strict liability standard, the limited scope of environmental harm it addresses, and its role in ensuring and protecting human rights, and its ability to support international environmental law principles and concepts. Focusing on a civil liability approach, which can be imposed on companies contributing to anthropogenic greenhouse gas emissions through their activities, this dissertation therefore suggests several strategies for establishing the liability norm as a legal rule within the climate change regime. A civil liability treaty directly addressing climate change-induced environmental harm should find a place on the international agenda, or civil liability elements should be incorporated into existing or new treaties related to regulating the causes of climate change to harmonize national liability laws across various jurisdictions. States should consider enacting or amending domestic laws on liability for such harm to build good practices and elevate the liability norm to the international level. The Loss and Damage Fund should be operated as a common pool of funds.

목차

Ⅰ. 서 론

Ⅱ. 국제환경법상 초국경 환경피해책임의 이해

Ⅲ. 기후변화로 인한 환경피해 책임적용의 필요성 및 가능성

Ⅳ. 기후변화로 인한 환경피해책임의 이행 및 발전

Ⅴ. 결 론

키워드

책임 엄격책임 민사책임 환경피해 기후변화 Liability Strict Liability Civil Liability Environmental Harm Climate Change