선박기인 온실가스 배출권 거래제도에 관한 연구 - EU의 배출권 거래제도를 중심으로

Historically, Arrihenius, Swedish chemist, issued the Green House Gas(GHG) effects which may be caused by CO2 emitted into the Atmosphere at first. the theory has been controversial issue by establishing of International Panel on Climate Change(IPCC) in 1990. UN Framework Convention on Climate Change(UNFCCC) was adopted in 1992 as the base of scientific research with which was provided by IPCC. However, UNFCCC was a simply framework convention which didn't regulate the goal of GHG reduction and particular implementation mechanisms. Therefore, the effectiveness of UNFCCC has been secured through the adoption of Protocol of UNFCCC(Kyoto Protocol). Kyoto Protocol provides the mechanisms, so called as Kyoto mechanisms, such as Joint Implementation(JI), Clean Development Mechanism(CDM) and Emission Trading(ET). Especially, ET has been recognized the economic measure in North America and European Union(EU). Furthermore, EU leaded in the front, on the other hand USA kept the passive position. Even though the ET regulation for International Shipping isn't adopted by International Maritime Organization(IMO), EU declared that the shipping will be included into EU Emission Allowance Trading Scheme regardless of domestic or International shipping visiting to EU ports. The purpose of this paper is to consider the legality with respect to the act of EU and suggest the way for the future development to diminish the GHG emissions from ships. Therefore, the theoretical differences between UNFCCC and IMO regulation regarding ET are analyzed. Furthermore, concerning with ET which will be applied to Foreign ship visiting to EU as well as EU member's ship, the enforcement of EU is considered whether violating the jurisdiction against the International Environmental Law and UN Convention on the Law of the Sea in order to suggest the rightful implementation.