인도환경소송법제의 변화와 한국적 시사점

The main objective of international environmental law is environmental enforcement and compliance toward sustainable development. For many decades it has been suffering in poor national implementation of sustainable development. As a result, the creation of environmental court has become crucial consideration for effective implementation of both the access to environmental justice and the principle of sustainable development at national level. In this perspective, India has established the National Green Tribunal (NGT) on 2010. And especially in developing countries and recently developed countries included South Korea, the current momentum is moving towards specialized environmental court to deal with difficulties and limitations of existing legal framework for environmental litigation. Accordingly, this article discusses the transition of environmental jurisprudence and efforts for specialized environmental court in Indian context with analyzing the Korea’s environmental litigation system and it also considers the possibility for establishment of environmental court in South Korea. The Indian higher judiciary, especially the Supreme Court, has played proactive-role for setting-up of specialized environmental court in Indian environmental jurisprudence and suggested National Green Tribunal which provides effective and expeditious disposal of cases relating environment and broad relief and compensation for citizens. This article observes critical role of the National Green Tribunal in Indian environmental jurisprudence. And it continues by fully examining positive initiatives of Indian environmental litigation system which consisted of Indian Supreme Court and National Green Tribunal compared to the current limitations of Korean environmental litigation. Consequently, the ‘National Green Tribunal’ would be very useful implication to satisfy the growing needs to overcome the limitations of Korea’s legal framework for environmental Litigation.