환경보호에 관한 남극조약 의정서(마드리드 의정서)상 환경영향평가제도에 관한 연구

An environmental impact assessment (EIA) is defined as an examination of planned activities with a view to ensuring environmentally sound and sustainable development. It is well-established practice to conduct EIAs for activities that are likely to cause significant adverse impacts to the environment. The general provisions on EIAs are well provided under multilateral instruments as well as under various regional and sectoral instruments. Among these instruments, a procedure on EIAs under the Protocol on Environmental Protection to the Antarctic Treaty (Madrid Protocol) is worth mentioning as, in a relative sense, it provides specific standards and requirements for the conduct of EIAs with the reflection of distinct character and fragility of the environment concerned, the Antarctic area. In recent years, as the Madrid Protocol has been referenced in developing the provisions on EIAs under an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, it seems to be a useful model for structuring EIAs on any future international agreements. Thus, from an international law perspective, this paper closely examines the distinct features and characters of the EIA procedure provided under the Protocol and discovers the elements that should be taken into account in designing EIAs under future agreements.