본문 바로가기
KERD
논문KCI 등재

지속가능한 개발의 원칙과 생물다양성 보전의 법적 연계성의 검토

Review on Legal Articulation Between Sustainable Development Principle and Biodiversity Conservation

0

조회

0

다운로드

9

인용

0

참고문헌

키워드

주제분류법학

초록

In 1992, Rio Declaration presents a coherent approach to sustainable development. Though the concept of sustainable development integrating environmental conservation and economic development is not a principle of international law, those elements such as the right of development, integration, sustainable use, intra/inter-generational equity have already embodied several environmental conventions as well as the Convention on Biological Diversity, the Convention on Climate Change. Especially, the Convention on Biological Diversity establishes three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair access and equitable sharing of the benefits from the use of genetic resources. Among these goals, the principle of sustainable use is an intrinsic element in the legal implementation of sustainable development. The Convention on Biological Diversity shows that international law doses appear to require state and international bodies to take account of the elements and objects of sustainable development principle. And these trends have been reflected in our domestic legislations such as designation of conservation area, biodiversity management contract, and ecosystem conservation cooperation charge.

Abstract

In 1992, Rio Declaration presents a coherent approach to sustainable development. Though the concept of sustainable development integrating environmental conservation and economic development is not a principle of international law, those elements such as the right of development, integration, sustainable use, intra/inter-generational equity have already embodied several environmental conventions as well as the Convention on Biological Diversity, the Convention on Climate Change. Especially, the Convention on Biological Diversity establishes three main goals: the conservation of biological diversity, the sustainable use of its components, and the fair access and equitable sharing of the benefits from the use of genetic resources. Among these goals, the principle of sustainable use is an intrinsic element in the legal implementation of sustainable development. The Convention on Biological Diversity shows that international law doses appear to require state and international bodies to take account of the elements and objects of sustainable development principle. And these trends have been reflected in our domestic legislations such as designation of conservation area, biodiversity management contract, and ecosystem conservation cooperation charge.

참고문헌 (25)

  1. 김만구, "인간과 환경" (1999), 도서출판 따님
  2. 김홍균, "국제환경법" (2010), 홍문사
  3. 노명준, "신국제환경법" (2003), 법문사
  4. 리차드 리키, "제6의 멸종(The Sixth Extinction)" (1996), 세종서적
  5. 에드워드 윌슨(Edward O. Wilson), "생명의 다양성(The Diversity of Life)" (1995), 도서출판 까치
  6. 이경희, "생물다양성의 환경법적 보호:자연환경 및 멸종위기종의 보호를 위한 국내외 입법동향과 향후과제" (1997), 길안사
  7. 함태성, "환경의 자연환경보전법제의 현황 및 발전방향", 환경법연구, 28(2), pp.9~40 (2006), 한국환경법학회
  8. 김시균, "환경과 인간" (1999), 교학사
  9. Christian Lévêque, "Jean-Claude Mounolou., Biodiversity" (2003), Jhon Wiley & Sons
  10. David Farrier, "Conserving Biodiversity on Private Land: Incentives for Management or Compensation for Lost Exectation?", Harv. Envtl. L. Rev, 19 (1995)
  11. David Hunter,, "International Environmental Law and Policy" (2002), Foundation Press
  12. D. McGraw, "The CBD - Key Characteristics and Implications for Implementations", Review of European Community and International Environmental Law, 11 (2002)
  13. Duncan French, "International Law and Policy of Sustainable development" (2005), Juris Publishing
  14. Garrett Hardin, "The Tragedy of the Commons", Science, 162 (1968)
  15. Glowka, L, "A Guide to the Convention on Biological Diversity", IUCN Gland and Cambridge (1994)
  16. John Charles Kunich, "The Uncertainty of Life and Death: The Precautionary Principle, Gödel, and the Hotspots Wager,", Mich. St. J. Int’l L, 17(1) (2008)
  17. James Salzman, "Valuing Ecosystem Service", Ecology L. Q, 24 (1997)
  18. Gretchen Daily, "Nature’s Service: Sociental Dependence on Natural Ecosystem Services and Natural Capital" (1997), Nature
  19. Patricia Birnie, "International Law and the Environment" (2009), Oxford University Press
  20. Philippe Sands,, "Principle of International Environmental Law: Framework", Standards and Implementation, 1 (1995)
  21. Schrijver, in Bugge, "Sustainable Development in International and National Law" (2009), Martinus Nijhoff Publishers and VSP
  22. Snape, "Biodiversity and the law" (1995), Island Press
  23. "The World Commission on Environment and Development", Our Common Future, ~ (1987)
  24. Weiss,, "In Fairness to Future Generation: International Law, Common Patrimony and International Equity, The United Nations University" (1992), Transnational Publisher
  25. Weiss, Edith Brown, "International Environmental Law and Policy" (2006), Aspen Law & Business; 2 edition

관련 논문AI추천

이 간행물의 다른 논문 (6건)