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영어

Since the Rio Declaration, the de facto “Global Environmental Constitution,” the international community has created a variety of environmental norms, which the national governments tried to incorporate into their domestic laws. The OECD analyzed the possibility of progressive alternatives by area − namely, integration of the environment and the economy, strengthening of international cooperation, monitoring and evaluation of the environment and pollution, environmentally friendly reform of energy and transport, response to urbanization and climate change, and management of chemical substances and bioengineering. Henceforth, differentiation of the principle of cost recovery and the polluter-pays principle, price estimation of public goods, and emissions trading scheme should be further specified in terms of law and economics. In order to resolve any obscurity in position between businesses and monitors, a function-based, rather than area-based, restructuring is necessary among relevant ministries. Also, mass litigation principle and standing should be expanded in environmental litigations. Reduction of liability of compensation due to participation in environmental impairment liability insurance and legalization of the right to request disclosure of information like Germany must be pursued as well. After the Rio Declaration, the concept of “sustainable development” was legalized and specified in action plans. While the efforts to harmonize the environment and the economy through the market remain unresolved, national law regulating nature and life will come to form a unified structure.