기후변화공시와 보험시장의 법리
A Legal Theory on the Disclosure of Climate Change Information in Insurance Industry
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It is clear that adaptation to climate change will have major implications for the worldwide economy. The consequences of any sudden, severe events or dramatic shifts in world ecosystems could create economic upheaval, particularly in markets in which risk is concentrated. Macroeconomic surveys study on the hidden costs of climate change have forecast significant economic costs resulting from climate change. The Kyoto Protocol to the UN Framework Convention on Climate Change sets binding greenhouse gas (GHG) emission limits. The European Union Emission Trading Scheme (EU/ETS) has established the world's largest GHG emission trading system. Much of economy seems likely to be affected by a GHG emission regulatory regime. It is important for the SEC to move with deliberate speed to reassert its gatekeeper role for the market. Radical change will create confusion and could unleash a flood of defensive filings of immaterial and premature information. It is also important for the SEC to recognize that it must give climate change ongoing attention. The discussion about climate change will only continue to grow, and the policies of governmental and corporate actors are likely to follow suit. At the same time, while certain trends are undeniable, there is much that is yet to be known. Advocacy groups will use legal duties where they can, and will combine their legal strategies with political, economic, and public relations pressure. Corporate and governmental actors' positions are emerging in an increasingly complex manner. This Article attempts to set out the pertinent legal concepts and their application to the facts.
Abstract
It is clear that adaptation to climate change will have major implications for the worldwide economy. The consequences of any sudden, severe events or dramatic shifts in world ecosystems could create economic upheaval, particularly in markets in which risk is concentrated. Macroeconomic surveys study on the hidden costs of climate change have forecast significant economic costs resulting from climate change. The Kyoto Protocol to the UN Framework Convention on Climate Change sets binding greenhouse gas (GHG) emission limits. The European Union Emission Trading Scheme (EU/ETS) has established the world's largest GHG emission trading system. Much of economy seems likely to be affected by a GHG emission regulatory regime. It is important for the SEC to move with deliberate speed to reassert its gatekeeper role for the market. Radical change will create confusion and could unleash a flood of defensive filings of immaterial and premature information. It is also important for the SEC to recognize that it must give climate change ongoing attention. The discussion about climate change will only continue to grow, and the policies of governmental and corporate actors are likely to follow suit. At the same time, while certain trends are undeniable, there is much that is yet to be known. Advocacy groups will use legal duties where they can, and will combine their legal strategies with political, economic, and public relations pressure. Corporate and governmental actors' positions are emerging in an increasingly complex manner. This Article attempts to set out the pertinent legal concepts and their application to the facts.
참고문헌 (29)
- 김건식, "미국증권법" (1996), 홍문사
- 김민정, "환경정보공시에 관한 연구", 석사, pp.2008
- 박세화, "미국 환경법상 회사와 주주의 정화책임", 비교사법, 7(1), pp.223~245 (2000), 한국비교사법학회
- 서완석, "기후변화 리스크 공시시스템의 도입에 관한 연구", 기업법연구, 25(3), pp.253~295 (2011), 한국기업법학회
- 안수현, "미국 상장기업의 환경정보 공시규제 - 현황과 시사점", 상사법연구, 26(3), pp.83~111 (2007), 한국상사법학회
- 한철, "정보공시 시스템을 통한 기후변화 규제의 메커니즘", 과학기술법연구, 15(2), pp.67~110 (2009), 과학기술법연구원
- 한철, "지구기후변화와 기업의 환경공시책임", 경영법률, 21(2), pp.241~280 (2011), 한국경영법률학회
- Abate, Randall S., "Kyoto or Not, Here We Come: The Promise and Perils of the Piecemeal Approach to Climate Change Regulation in the United States", Cornell J.L. & Pub .Pol'y, 15, pp.369~ (2006)
- Burton,Camden D, "An Inconvenient Risk:Climate Change Disclosure and the Burden On Corporations", Admin. L. Rev, 62, pp.1287~ (2010)
- Chen, Joey Tsu-Yi, "Green Sox for Investors: Requiring Companies to Disclose Risks Related to Climate Change", J. Bus. & Tech. L, 5, pp.325~ (2010)
- Coffee, John C., "Securities Regulation, 9th ed" (2005), Supp
- Dernbach,John C, "Harnessing Individual Behavior to Address Climate Change: Options for Congress", Va. Envtl. L. J, 26, pp.103~ (2008)
- Doran, Kevin L, "Climate Change Risk Disclosure:A Sector by Sector Analysis of SEC 10-K Filings from 1995-2008", pp.721~ (2009), N.C. J. Int'l L. & Com. Reg.
- Hancock,Elizabeth E, "Red Dawn, Blue Thunder, Purple Rain:Corporate Risk of Liability for Global Climate Change and the SEC Disclosure Dilemma", Int'l Envtl. L. Rev, 17, pp.233~ (2005)
- Hecht, Sean B., "Climate Change and the Transformation of Risk:Insurance Matters", UCLA L. Rev, 55, pp.1559~ (2008)
- Jancaitis, Kelley M., "Florida on the Coast of Climate Change:Responding to Rising Seas", Envtl. L. & Pol'y J, 31, pp.157~ (2008)
- Jeffery, Michael I., "Carbon Capture and Storage: Wishful Thinking or a Meaningful Part of the Climate Change Solution", Pace Envtl. L. Rev, 27, pp.421~ (2010)
- Johnson,Stephen M, "From Climate Change and Hurricanes to Ecological Nuisances:Common Law Remedies For Public Law Failures", Ga. St. U. L. Rev, 27, pp.565~ (2011)
- Joo, Thomas, "Global Warming and the Management-Centered Corporation", Wake Forest L. Rev, 44, pp.671~ (2009)
- Latham, Mark, "Environmental Liabilities and the Federal Securities Laws: A Proposal for Improved Disclosure of Climate Change-Related Risks", Envtl. L, 39, pp.647~ (2009)
- Malloy, James S, "Insurance Coverage For Global Warming Liability Claims", Tort Trial & Ins. Prac. L.J, 45, pp.811~ (2010)
- Markell, David, "An Empirical Survey of Climate Change Litigation in the United States", Envtl. L. Rep. News & Analysis, 40, pp.10644~ (2010)
- McFarland, Jeffrey M., "Warming Up to Climate Change Risk Disclosure", Fordham J. Corp. & Fin. L, 14, pp.281~ (2009)
- Schatz, Andrew, "Regulating Greenhouse Gases by Mandatory Information Disclosure", Va. Envtl. L.J, 26, pp.335~ (2008)
- Smith, Jeffrey A., "Disclosure of Climate Change Risks and Opportunities", The Review of Securities and Commodities Regulation, 41(1) (2008)
- Stein, Eleanor, "Regional Initiatives to Reduce Greenhouse Gas Emissions, in Global Climate Change and U.S. Law" (2007)
- Wallace,Perry E, "Climate Change, Fiduciary Duty, And Corporate Disclosure: Are Things Heating Up In The Boardroom", Va. Envtl. L.J, 26, pp.293~ (2008)
- Wallace, Perry E., "Climate Change, Corporate Strategy, and Corporate Law Duties", Wake Forest L. Rev, 44, pp.757~ (2009)
- Weigand, Kevin W., "Climate Change Disclosure: Ensuring the Viability of the Insurance Industry while Protecting the Investor", Wm. & Mary Envtl. L. & Pol'y Rev, 34, pp.281~ (2009)