국내관할권 내의 해양재생에너지 활동과 환경영향평가

Offshore renewable energies have become an important source of clean energy for sustainable development and tackling climate change. However, there are various environmental challenges arising from offshore renewable energy activities which may have negative impacts on the marine environment. The 1892 United Nations of the Law of the Sea (UNCLOS) requires an assessment of the potential effects of planned activities under Article 206. However, Article 206 does not provide specific procedures and contents to carry out an Environmental Impact Assessment (EIA). In this regard, this article explores the scope and requirements of an EIA for offshore renewable energy activities. Through a comprehensive analysis of subsequent international instruments relating to an EIA under general rules on interpretation in the Vienna Convention on the Law of Treaties, this article addresses the main elements of an EIA obligation, which should be applied in the context of offshore renewable energy activities, including screening, scoping, notification and consultation, public participation, final decision and post monitoring. It also examines whether the main elements are fully reflected in Korean national legislation relating to an EIA for offshore renewable energy projects.