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학술논문환경법과 정책2009.11 발행KCI 피인용 3

정의의 관념에서 바라본 지구온난화와 배출권제도

The Global Warming and the GHGs Emission Permit Allocation from the Perspective of Justice

이유봉(오사카대학교)

3권, 45~89쪽

초록

Nowadays, it is globally agreed that the phenomenonof global warming is so serious to be disregarded, which is mainly resulted from the human industrial activities other than just a natural function. This recognition led to the international efforts for common legal frameworks such as UNCFF and Kyoto protocol (1997) so as to alleviate the recently fast-growing global warming phenomenon. Even though the global society agrees to reduce GHG emission, there have been severe controversies on how to allocate obligations to reduce them. So, this article tried to speculate how to allocate GHG emission burdens from the perspective of justice. Although there are diverse conceptions on justice, this article focused on rather traditional distinctions, the corrective justice and the distributive justice, besides the environmental justice. After reviewing those conceptions of justice, this writing tried to apply them to the global warming context. Moreover, the perspective of environmental justice in the global warming context requires the phenomenal speculation both fromthe historical view and the futuristic view in terms of GHG emission. Based on this background, finally, this article applied the perspective of justice to the emission trading scheme, and analyzed the allocation models on emission permits and the legal approaches on them.

Abstract

Nowadays, it is globally agreed that the phenomenonof global warming is so serious to be disregarded, which is mainly resulted from the human industrial activities other than just a natural function. This recognition led to the international efforts for common legal frameworks such as UNCFF and Kyoto protocol (1997) so as to alleviate the recently fast-growing global warming phenomenon. Even though the global society agrees to reduce GHG emission, there have been severe controversies on how to allocate obligations to reduce them. So, this article tried to speculate how to allocate GHG emission burdens from the perspective of justice. Although there are diverse conceptions on justice, this article focused on rather traditional distinctions, the corrective justice and the distributive justice, besides the environmental justice. After reviewing those conceptions of justice, this writing tried to apply them to the global warming context. Moreover, the perspective of environmental justice in the global warming context requires the phenomenal speculation both fromthe historical view and the futuristic view in terms of GHG emission. Based on this background, finally, this article applied the perspective of justice to the emission trading scheme, and analyzed the allocation models on emission permits and the legal approaches on them.

발행기관:
비교법학연구소
DOI:
http://dx.doi.org/10.18215/envlp.3..200911.45
분류:
법학

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