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학술논문환경법과 정책2010.05 발행KCI 피인용 2

생물자원 국외반출 관리제도의 문제점과 개선방안

Problems of Biological Resources Export Controlling Systems and Its Reformation Measures

이현우(한국환경정책평가연구원)

4권, 199~224쪽

초록

Biological diversity, or rather, biological resources have been the basis for human civilization and have become the source of bioindustry. Since the 19th century, developed countries endeavored to collect, classify, secure, acclimate, and use biological resources from around the world. However, increasing demands of wildlife facilitates unsustainable use of biological diversity and drives loss of threatened species in developing countries with rich biodiversity. Majority of world nations have wildlife trade controlling system by entering Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Convention on Biological Diversity (CBD). Trade controls of CITES listed species are basically same to all nations, however, each nations have different non-CITES trade control systems. For example, Some nations demands the exporter to declare all biological resources prior to custom inspection. Some nations needs exporter to declare only CITES listed species to custom. In this paper, wildlife export controlling systems of several rich or poor nations, including EU, United States, Japan, Australlia, China, Philippines, and Korea, are introduced and compared for better management of biological resources export of Korea. As results, this paper proposes that it is necessary to rearrange Korea's complicated wildlife export related legislations and competent authorities. Protection of Wild Fauna and Flora Act should raise its function as a leading legislation of biological resources management. Declaration of wildlife export is also needed to be enacted in the Act. Other suggestions, including extension of list control, needs of booklet or brochure, accession to information database, are also proposed in the paper.

Abstract

Biological diversity, or rather, biological resources have been the basis for human civilization and have become the source of bioindustry. Since the 19th century, developed countries endeavored to collect, classify, secure, acclimate, and use biological resources from around the world. However, increasing demands of wildlife facilitates unsustainable use of biological diversity and drives loss of threatened species in developing countries with rich biodiversity. Majority of world nations have wildlife trade controlling system by entering Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Convention on Biological Diversity (CBD). Trade controls of CITES listed species are basically same to all nations, however, each nations have different non-CITES trade control systems. For example, Some nations demands the exporter to declare all biological resources prior to custom inspection. Some nations needs exporter to declare only CITES listed species to custom. In this paper, wildlife export controlling systems of several rich or poor nations, including EU, United States, Japan, Australlia, China, Philippines, and Korea, are introduced and compared for better management of biological resources export of Korea. As results, this paper proposes that it is necessary to rearrange Korea's complicated wildlife export related legislations and competent authorities. Protection of Wild Fauna and Flora Act should raise its function as a leading legislation of biological resources management. Declaration of wildlife export is also needed to be enacted in the Act. Other suggestions, including extension of list control, needs of booklet or brochure, accession to information database, are also proposed in the paper.

발행기관:
비교법학연구소
DOI:
http://dx.doi.org/10.18215/envlp.4..201005.199
분류:
법학

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