해양생물자원 관리규범으로서의 예방원칙에 관한 연구

Abstract

The precautionary principle is used together with the precautionary approach or the precautionary measures, and it is expected that the precautionary principle will be an important management norm, together with MSY for the marine living resources in the future. At present, the legal status of the precautionary principle is set out in many international instruments, but it cannot be seen that the precautionary principle is established as a customary international law for the conservation and management of marine living resources.After establishment as a principle of international environmental law in the end of 1980s, the precautionary principle is expanded it's application area to the conservation and management field for the marine living resources. The 1982 Law of the Sea Convention(UNCLOS) failed to apply the precautionary principle directly to conservation, management and exploitation of marine living resources in order to protect them and preserve the aquatic environment. But the core norm of the 1995 UN Fish Stocks Agreement for the conservation and management of straddling fish stocks and highly migratory fish stocks is the precautionary principle.And the 2000 WCPFC is the first regional convention which succeeded to the doctrine of the 1995 UN Fish Stocks Agreement. The concept of precautionary principle which is set out in the 1992 Rio Declaration on the Environment and Development is Where there are threats of serious or irreversible damage, scientific uncertainty shall not be used as a reason for postponing or omission to take preventive measures against environmental degradation.