환경 보호 메커니즘에 대한 법적 고찰

Abstract

This article explores legal approaches to protect environment in different legal areas including public laws, private laws and international laws. It is common to take regulation and control systems in domestic public laws such as constitution and administrative law. Although regulation and control systems of public laws have strength in normative characters, they have also some weakness in the effectiveness as a functional way. For the feature of the environmental problems,governments cannot control all of the areas and matters. Moreover, it usually meet the problems for the limits of human and financial resource. Private laws, which focus the relationship between legal persons, regards environment as one of subject of ownership. Therefore, environmental protection mechanism in private law rely on the market system where the principleof the demand and supply rule. Even though it can handle some problems of effectiveness, it also show some limits for the failure of the market. This paper reviews the different approach and propose to have role balance between the government and market. For example, market incentive and information disclosure system reveals that it is really important to draw participation in the private section in order to handle this problems. International law, originally oriented in public system, also has taken the governance system in which cooperation in private and public section has increased and promoted.