유럽연합 및 독일에서의 배출권 이전 및 무상할당에 관한 법적 문제

With the signing of the Paris Agreement each country has submitted its nationally determined contributions (NDCs). The South Korean government has also proposed the target of reducing greenhouse gas emissions by 37 percent from business-as-usual (BAU) level by 2030. However, 11.3% of them are planning to be purchased in overseas markets. Regrettably it demonstrates the uncertainty of the government policy on greenhouse gas reduction. Article 4 (13) of the Paris Agreement provides for the avoidance of double counting in the calculation of emission rights. The calculation of emission reductions in overseas markets should not violate the principle of avoidance of double counting. The Kyoto Protocol recognizes that developed countries can cut greenhouse gas emissions by investing in other developed countries or developing countries. In the European Union, emissions trading system has been introduced and expanded. In recent years, carbon leakage related to the reform of emissions trading system and transfer of emission rights has become a big problem. In addition, the European Union has cut down its free allocation of emissions and the European Court of Justice has a few disputes over free allocation of emissions. This situation is so similar to the case in Germany where constitutional claims or administrative litigations on emissions trading systems are increasing. In Korea, there are recently some administrative litigations on emissions trading in the lower court, especially in Seoul Administrative Court. The NDCs, which the South Korean government has provided, are uncertain and fluid. Thus it is unpredictable whether they can be maintained or not. I think that disputes over the allocation of emission allowances are expected to increase gradually. It is necessary to develop specialized knowledge and legal principles to resolve public disputes concerning the emission trading system in the future.