지속가능발전의 개념과 법적 효력에 관한 검토

Since the 1992 Rio Conference, Sustainable Development has been confirmed as a basic principle to guide the development of the world at the various international conferences. In 2015, UN adopted Sustainable Development Goals(SDGs), including sectoral golas and concrete targets, to achieve sustainable development internationally. Regarding the concept of Sustainable Development, the definition presented by the 1987 report “Our Common Future”, “development … that it meets the needs of the present without compromising the ability of future generations to meet their own needs”, is generally accepted by the international environmental law. Though the concept is criticized that it is too comprehensive and vague to provide concrete policy guidance, it has important meaning in both international and national legal systems because it provides the concept and methodology of development to consider the economy, environment and society together, departing from the old traditional, economic growth oriented paradigm of development. And, whether the concept of sustainable development is strong or weak should be decided by the institutional system and specific means of international law and national law to realize the sustainable development. Though there is no doubt that sustainable development has a meaning as a goal or vision to pursue for international society and each government, regarding its legal effect in the international and national law, there are some conflicting opinions. Considering the codification in the international law and related decisions, it can be argued that sustainable development has normative effect, which provides strong guidance in the context of various policy decision making processes. But, to carry forward the sustainable development systematically and continuously at the national level, the effort to work out a legal system to back it up and improve the existing laws should be accompanied by.