교토의정서상 선박용 연료사용으로 인한 온실가스배출량의 감축규제의 국제법적 적법성

Abstract

A Study on the International Legal Legitimacy of the Reduction of Missions of Greenhouse Gases from Marine Bunker Fuels under the Kyoto Protocol The preservation of the Earth environment is the central tasks of humanity in our contemporary international society. Environmental protection is a common obligations of a State towards the international community as a whole, that is, obligations erga omnes. Every state was, therefore, imposed on an obligation to actively contribute to the protection of the environment. In this view, this study dealt with the international legal legitimacy of the reduction of emissions of greenhouse gases from marine bunker fuels, the behave of hegemony States, the methodology of interpretation under the Kyoto Protocol Article 2 ②. According to Kyoto Protocol Article 2 ②, the Parties included in ‘AnnexⅠ’ shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively. In oder to prevent such a emissions of greenhouse gases from marine bunker fuels, it should be adapted for the parties not included in ‘AnnexⅠ’ and it should be stipulated for the Kyoto Protocol Clause of which the emissions of greenhouse gases should be deduced. In addition, the purpose of the clean development mechanism shall be to assist Parties not included in ‘AnnexⅠ’ in achieving sustainable development and in contributing to the ultimate objective of the Kyoto Protocol. And the Parties included in ‘AnnexⅠ’ shall pursue limitation or reduction of emissions of greenhouse gases from marine bunker fuels in achieving commitments under the Kyoto Protocol. Notwithstanding the Kyoto Protocol's compliance procedures/ mechanism, as to Reporting of the Fourth Meeting of the parties to the Montreal on the Substances that Deplete the Ozone Layer, it should be preserved order of the Convention with obligations of a State towards the international community as a whole. Therefore, this article has been studying on the reduction of emissions of greenhouse gases from marine bunker fuels, the behave of hegemony States, not only developed countries but also developing countries' stipulated the parties, the methodology of interpretation under the Kyoto Protocol. Therefore, I have suggest that the compulsory measures the implementation in favour of effective the reduction of emissions of greenhouse gases from marine bunker fuels should be stipulated in the Kyoto Protocol Clause. In conclusion, in this articles, I think that the reduction of missions of greenhouse gases from marine bunker fuels under the Kyoto Protocol should be legitimated in the International Legal interpretation.