해양 환경오염 피해에 대한 민사책임

• 영문명: Civil Liability for Marine Environmental Pollution Damage
• 발행기관: 국제법평론회
• 저자명: 최유진(Eugene Cheigh)
• 간행물 정보: 『국제법평론』제72호, 53~77쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2025.10.30

국문 초록

Transboundary environmental harm or damage has been a long-standing concern under international environmental law, with the issues of responsibility/liability and compensation frequently raised, particularly by developing countries. While much of the legal focus has been placed on states’ preventive obligations and responsibility, civil liability remains relatively underexplored. Nevertheless, civil liability is significant in that it can complement the limitations of state responsibility and serve both remedial and preventive functions. Among various types of transboundary environmental damage, civil liability is particularly relevant to marine environmental pollution damage and appears to hold the greatest potential for further normative development within the international legal order governing marine environmental protection. Accordingly, this article explores the potential for normative development of civil liability for marine environmental pollution damage within the regime of the United Nations Conventions on the Law of the Sea (UNCLOS). Rather than proposing a detailed treaty draft provisions, it aims to offer a normative framework of civil liability for damage caused by activities in the Area and geo-engineering based on an interpretive analysis of Article 235 of UNCLOS. This framework is intended to provide conceptual guidance for future discussions on liability and compensation in international law. Modelled on the existing regime for oil pollution damage, the proposed framework suggests that contractors or operators should bear strict liability for significant marine environmental pollution damage. In addition, they are expected to be held jointly and severally liable for such damage; have an exhaustive list of defenses against such liability; benefit from limitations on compensation in terms of amount and time; have and maintain insurance or other form of financial security; and be supplemented by compensation funds if their compensation is insufficient.

목차

Ⅰ. 서 론

Ⅱ. 국제환경법상 초국경 환경피해에 대한 민사책임의 배경과 의의

Ⅲ. 해양 환경오염 피해에 대한 민사책임의 적용과 과제

Ⅳ 해양 환경오염 피해에 대한 민사책임의 발전 가능성

Ⅴ 결 론

키워드

민사책임 해양환경오염 유류오염 심해저 활동 지구공학 Civil Liability Pollution of the Marine Environment Oil Pollution Activities in the Area Geo-engineering