본문 바로가기
KERD
논문KCI 등재

Maintaining Biodiversity: Focused on The U.S. Endangered Species Act and Korea’s Wildlife Act

이선구|이재우
생명의료법연구소 (Ewha Institute for Biomedical Law & Ethics)|2022.11|생명윤리정책연구 (Asia Pacific Journal of Health Law & Ethics)|제16권 제1호|pp. 211-268|DOI 10.38046/apjhle.2022.16.1.009

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

biodiversityendangered speciesEndangered Species Act (ESA)

초록

Biodiversity acts as an important factor in protecting not only the ecosystem but also humans all over the world. However, currently due to indiscriminate development, biodiversity is being destroyed. In order to maintain biodiversity, it is crucial to protect endangered species. Even though both the United States and Korea have laws to protect endangered species, contrary to the outstanding achievements shown by the Endangered Species Protection Act (ESA) of the United States, Korea’s Wildlife Protection and Management Act (Wildlife Act) is not showing high effects. Hence, with the aim of promoting biodiversity, by analyzing the similarities and differences between the two Acts, this study determined what improvements can be made to Korea’s Wildlife Protection and Management Act. The similarities between the two Acts were regarded as the strengths of Korea’s Wildlife Protection and Management Act, which were 1) protection of habitat and successful execution of the law, 2) inclusion of both native and foreign endangered species, 3) adequate period of evaluation, and 4) clarity on the ministry and office concerned. On the other hand, differences were regarded as the limitations of Korea’s Wildlife Protection and Management Act, which were 1) lack of specificity and broad scope of aid, 2) lack of specific categorization, 3) lack of priorities, 4) lack of stability and long-term effects, and 5) lack of social consensus. Therefore, amendments such as specifically mentioning the method, contents, and standards of reward, adding a ‘candidate species’ category, prioritizing certain species, securing a sufficient amount of budget, creating a single specialized ministry that comprehensively manages matters related to endangered species, maintaining the Korean Wildlife Act for a while to increase its stability, and increasing public interest by clarifying the specific amount of rewards and penalties, ways of education provision regarding endangered species, and simple methods for protecting endangered species and so on are recommended to be made in Korea’s Wildlife Protection and Management Act.

Abstract

Biodiversity acts as an important factor in protecting not only the ecosystem but also humans all over the world. However, currently due to indiscriminate development, biodiversity is being destroyed. In order to maintain biodiversity, it is crucial to protect endangered species. Even though both the United States and Korea have laws to protect endangered species, contrary to the outstanding achievements shown by the Endangered Species Protection Act (ESA) of the United States, Korea’s Wildlife Protection and Management Act (Wildlife Act) is not showing high effects. Hence, with the aim of promoting biodiversity, by analyzing the similarities and differences between the two Acts, this study determined what improvements can be made to Korea’s Wildlife Protection and Management Act. The similarities between the two Acts were regarded as the strengths of Korea’s Wildlife Protection and Management Act, which were 1) protection of habitat and successful execution of the law, 2) inclusion of both native and foreign endangered species, 3) adequate period of evaluation, and 4) clarity on the ministry and office concerned. On the other hand, differences were regarded as the limitations of Korea’s Wildlife Protection and Management Act, which were 1) lack of specificity and broad scope of aid, 2) lack of specific categorization, 3) lack of priorities, 4) lack of stability and long-term effects, and 5) lack of social consensus. Therefore, amendments such as specifically mentioning the method, contents, and standards of reward, adding a ‘candidate species’ category, prioritizing certain species, securing a sufficient amount of budget, creating a single specialized ministry that comprehensively manages matters related to endangered species, maintaining the Korean Wildlife Act for a while to increase its stability, and increasing public interest by clarifying the specific amount of rewards and penalties, ways of education provision regarding endangered species, and simple methods for protecting endangered species and so on are recommended to be made in Korea’s Wildlife Protection and Management Act.

참고문헌 (90)

  1. "Public support for Endangered Species Act is widespread. EurekAlert!" (2018)[URL]
  2. Aristidis M Tsatsakis, "Impact on environment, ecosystem, diversity and health from culturing and using gmos as feed and food", Food and Chemical Toxicology, 107, pp.108~121 (2017)[DOI]
  3. "Attacks on The Endangered Species Act" (2020)[URL]
  4. "Success Rate of the Endangered Species Act"[URL]
  5. "Biden administration plans roll backs of Trump-era Endangered Species Act rules" (2021)[URL]
  6. "Endangered species act has been influential, controversial" (2018)[URL]
  7. Christian Langpap, "The Economics of the U.S. Endangered Species Act: A Review of Recent Developments", Review of Environmental Economics and Policy, 2(2), pp.69~91 (2018)[DOI]
  8. "Congress urged to increase spending to $700 million for Endangered Species Conservation" (2022)[URL]
  9. "Brief Summary of the Endangered Species Act" (2010)[URL]
  10. "Biden administration set to reverse trump efforts to weaken ESA" (2021)[URL]
  11. "A new Trump rule could shrink protected habitat for endangered wildlife" (2020)[URL]
  12. "Defining Success Under the Endangered Species Act" (2013)[URL]
  13. "Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service"[URL]
  14. "Biden administration moves to bring back endangered species protections undone under Trump" (2021)[URL]
  15. "California federal judge throws out trump-era changes that weakened Endangered Species Act" (2022)[URL]
  16. "Endangered Species Act | Overview" (2020)[URL]
  17. "Endangered Species: U.S. Fish & Wildlife Service"[URL]
  18. "Endangered species: U.S. fish & wildlife service"[URL]
  19. "Engaging in international agreements on nature"[URL]
  20. "ESA Implementation | Regulation Revisions" (2021)[URL]
  21. "Biden administration reverses Trump Endangered Species Rule" (2022)[URL]
  22. "Foreign Species and the Endangered Species Act" (2020)[URL]
  23. "U.S. Significantly Weakens Endangered Species Act. The New York Times" (2019)[URL]
  24. "Here’s Why the Endangered Species Act Was Created in the First Place" (2018)[URL]
  25. "History of the Endangered Species Act"[URL]
  26. Holly Doremus, "Why Listing May Be Forever: Perspectives on Delisting under the U.S. Endangered Species Act", Conservation Biology, 15(5), pp.1258~1268 (2001)[DOI]
  27. "Importance of the endangered species act"[URL]
  28. "The Trump Administration’s Changes to the Endangered Species Act Risks Pushing More Species to Extinction" (2019)[URL]
  29. "Dr. Jane Goodall’s Message for International Day of Biodiversity 2021" (2021)[URL]
  30. "Weyerhaeuser Co. v. United States Fish and Wildlife Service, 586 U.S. ___ (2018)" (2018)[URL]
  31. Lauren K Ward, "Family Forest Landowners and the Endangered Species Act: Assessing Potential Incentive Programs", Journal of Forestry, 116(6), pp.529~538 (2018)[DOI]
  32. Lauren K Ward, "Listing Foreign Species under the Endangered Species Act: A Primer for Conservation Biologists", Journal of Forestry, 67(7), pp.627~637 (2017)[DOI]
  33. "The Endangered Species Act"[URL]
  34. "Legislative Search Results | Congress.gov | Library of Congress" (2021)[URL]
  35. "The United States’ Endangered Species Act Internationally:Is it Well?"[URL]
  36. "Home is Where the Habitat is: Supreme Court Addresses Critical Habitat under the Endangered Species Act. Congressional Research Service" (2018)[URL]
  37. "The Endangered Species Act: Overview and Implementation" (2021)[URL]
  38. "Listing a Species as a Threatened or Endangered Species" (2016)[URL]
  39. "INDIAN LEGISLATION TO BIODIVERSITY CONSERVATION. Indian legislation to Biodiversity Conservation" (2021)[URL]
  40. "Trump Administration Finalizes Major Changes to Endangered Species Act Regulations" (2019)[URL]
  42. 2.0.CO;2,
  43. "Consequences of GMOs for biodiversity" (2018)[URL]
  44. "The Endangered Species Act (ESA) in the 113th Congress: New and Recurring Issues" (2014)[URL]
  45. Noah Greenwald, "Extinction and the U.S. Endangered Species Act", PeerJ, 7 (2019)[DOI]
  46. Peter Lachmann, "Health Risks of Genetically Modified Foods", The Lancet, 354(9172), pp.69~ (1999)[DOI]
  47. "Summary of Wildlife Protection Act (1972) of India"[URL]
  48. "Biodiversity Loss" (2022)[URL]
  49. "Understanding Ecological Footprint" (2022)[URL]
  50. "Sustainable Development Goals: United Nations Development Programme"[URL]
  51. "Sustainable Development Goals: United Nations Development Programme"[URL]
  52. "Study: Trump’s border wall threatens 93 endangered species. Center for Biological Diversity" (2017)[URL]
  53. "The Endangered Species Act Q&A"[URL]
  54. "U.S. Federal Endangered and Threatened Species by Calendar Year" (2021)[URL]
  55. "What Is Biodiversity? Why Is It Important?: AMNH"[URL]
  72. "2018", ~
  73. (2019)[URL]
  74. [URL]
  75. 박은옥, "중국의 멸종위기종 보호법에 대한 검토와 개선책", 해양환경안전학회지, 24(1), pp.112~118 (2018), 해양환경안전학회[DOI]
  76. (2005)[URL]
  79. 윤익준, "야생생물 위해 관리를 위한 제도 개선방안 –지속가능한 인간과 동물의 공존의 관점에서–", 환경법과 정책, 25, pp.35~66 (2020), 비교법학연구소
  80. 이상돈, "野生動植物保護法에 대한 고찰", 法學論文集, 32(2), pp.141~164 (2008), 법학연구원
  82. 이준복, "자연생태계 보호를 위한 법적 연구 －멸종위기야생동·식물 보호를 중심으로－", 환경정책연구, 7(4), pp.75~104 (2008), 한국환경연구원[DOI]
  83. 장인호, "야생동식물의 지속가능한 보호에 관한 미국법제도 연구", 미국헌법연구, 24(1), pp.327~360 (2013), 미국헌법학회
  89. "2018", 4~
  90. "2020", ~

관련 논문AI추천

생물다양성의 보전과 생태계복원의 법적 과제박종원한국환경법학회 · 환경법연구2008 · 제30권 제3호자연생태계 보호를 위한 법적 연구 －멸종위기야생동·식물 보호를 중심으로－이준복한국환경연구원 · 환경정책연구2008 · 제7권 제4호An Approach to Introduce Biodiversity Components for the EIA Systems in Korea권영한한국환경연구원 · 환경정책연구2008 · 제7권 제2호야생동·식물보호구역 분포 특성과 개선과제이관규한국환경영향평가학회 · 환경영향평가2011 · 제20권 제5호시·도보호 야생생물 조례 지정 현황 조사 및 분석김중권, 이태호, 장은혜, 조영호, 추연수한국환경영향평가학회 · 환경영향평가2019 · 제28권 제3호생물다양성 평가기법의 국내외 연구동향 분석 및 환경영향평가 적용가능성에 대한 연구구미현, 이동근한국환경영향평가학회 · 환경영향평가2012 · 제21권 제1호

이 간행물의 다른 논문 (9건)

개인정보 보호 관점에서 본 보건의료 빅데이터의 안전한 활용방안김지혜pp. 1-19동의 없이 가명화한 개인정보의 사용은 정당한가?: IRB의 승인도 정보 주체의 동의도 없는, 개인정보의 2차적 연구 사용의 문제최경석pp. 21-52연명의료중단 등에 관한 환자의 의사(意思) 추정(推定)의 판단기준과 현행법의 문제구영신pp. 53-77의사조력자살 입법화 추진에 대한 비판적 검토: 역량 접근법에 입각한 관계적 자율성 논의를 중심으로목광수, 류재한pp. 79-106의료 정의와 평등주의 - 운, 관계 평등주의를 중심으로김주현pp. 107-132
원문 보기