Earticle

초록

영어

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. 서론
 Ⅱ. 개념
  1. 사전배려원칙의 개념
  2. 예방원칙(Preventive Principle)과의 관계
  3. 지속가능한 발전과의 관계
 Ⅲ. 역사
  1. 형성 배경 - 과학적 확실성에서 불확실성으로
  2. 원칙의 성문화(成文化)
  3. 사전배려원칙에 대한 분석
 Ⅳ. 국제법상 지위
  1. 법적 구속력과 비구속력
  2. 사전배려원칙 관련 사례들
 Ⅴ. 관련 이슈들
  1. 과학적 불확실성의 정도
  2. 사전배려원칙의 구성요소
 Ⅵ. 결론
 참고문헌
 

키워드

저자

• 류권홍 [ 규권홍 | 원광대학교 법학대학 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340