환경법제의 쟁점과 전망

Abstract

The environmental right is expressly provided for a kind of human rights in the Korean constitutional law(§35). There is the Framework Act on Environmental Policy as a fundamental law and many others individual acts for the protection of environment in Korea. The earth is only one planet in the space for human being to live in the supreme happiness. It will be very hard to return to the original conditions when the environment is destroyed. So we should try to protect it from environmental pollution. And we have to perform our duty of the protection and preservation of environment and transfer it next generation with good situations. Climate change looms as a defining issue of the 21st century, pitting the potential disruption of our global climate system against the future of a fossil fuel- based economy. Climate change refers to the response of the planet’s climate system to altered concentrations of “greenhouse gases” such as carbon dioxide in the atmosphere. Concern about climate change and calls for international action began in the 1970s and continued throughout the 1980s. These negotiations culminated in the 1992 United Nations Framework Convention on Climate Change signed at the Earth Summit. Kyoto Protocol was made after many controversies and it come into effect from 2005. Currently, among Annex I countries only the United States and Australia have refused to ratify. Korean government is preparing for the fourth plans of climate changes to solve the problems. This means we would reduce carbon dioxide consumption in our society. In this paper, deregulations of environmental problems and financial difficulty of local governments are introduced as a recent trend. Continuously environmental rights, methods of environmental laws, environmental information act, introduction of SEA, maintenances of environmental laws and its systems of local autonomous entity are discussed some problems awaiting solution. And also introduction of public trust doctrine, enactment of integrated environmental law, enactment of climate changes act, introduction of trade discharges system of green gas, environmental taxes, international environmental cooperative system nearby Korea, recognition of natural rights, affirmative role of courts for resolutions of environmental problems etc. are reviewed as a prospects of environmental laws and its systems in our country.