‘커먼즈’로서 기후시스템과 공공신탁법리 -기후변화소송을 소재로-

The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable earth. These resources are held in common, not owned privately. Leading climate scientists warn that Earth is in “imminent peril,” on the verge of runaway climate heating that will impose catastrophic conditions on generations to come. The public trust doctrine imposes a fundamental limitation on the power of government over natural resources. Government holds crucial natural resources in trust for its citizens and bears the fiduciary obligation to protect such resources for present and future generations. The public trust doctrine is rooted in the precept that some resources are so central to the well-being of the community. U.S. Courts have expanded the assets constituting the res of the public trust beyond the original societal interests of fishing, navigation and commerce to protect modern concerns such as biodiversity, wildlife habitat, aesthetics and recreation. At the federal climate change lawsuit, the court fount that when combined with the EPA's duty to protect the public health from airborne pollutants and the government's public trust duties, the court cannot say that the public trust doctrine does not provide at least some substantive due process protections for some plaintiffs within the navigable water areas of Oregon. And at the state climate change lawsuit, Judge Hollis Hill ordered Ecology to promulgate an emissions reduction rule by the end of 2016 and make recommendations to the state legislature on science-based greenhouse gas reductions in the 2017 legislative session. How can the problem of climate change in Korea could be successfully brought to the court. The public trust doctrine associated with future generations of human rights (environmental rights) will be able to be one of a breakthrough. A very difficult task has been cast to jurists of korea.