법적 측면에서 본 글로벌 환경거버넌스 -기후변화협약체제를 중심으로-

This paper aims to define the concept of global environmental governance and examine it from a legal perspective. It uses UNFCCC as a case study of the research. The global climate governance through UNFCCC has shown that lacking appropriate consensus prohibits resolving climate change problem. Therefore, this paper argues that the problem associated with lacking consensus can be partially resolved by providing a legal perspective to the global climate governance. The paper finds the following results. First, in terms of cooperative governance, law provides a normative framework to help maintain a stability of an institution that leads all involved parties to participate. Second, legal mechanism allows all parties to participate in decision-making process, which their opinions could be fairly reflected. Third, legal norms could take a role in setting a clear criteria between scientific expertise and policy rules. Fourth, global environmental governance come into effect by norms. Legal norms allows actors in international governance arena to gain legitimacy in various and complex processes. In general, global environmental governance will be later implemented by international documents approved by treaty or declaration that become international legal norms. Further study focuses on achieving a balance between parties while guaranteing their autonomies and independences.