국제환경법에 있어서 ‘제3세계 국제법시각’ = TWAIl in International Environmental Laws

다국어 초록 (Multilingual Abstract)

The Third World Approach in International Law(TWAIL) spotlighted in 1990’s pointed the problems of not only tht the international law has to handle but also that the third world itself has. This short paper explores the TWAIL in international environmental law areas focusing on its environmental paradigm and viewpoint on the basic legal principles and suggests reciprocal complementation between the third world countries’ environmental value and the first and second world countries’ legal norms. In order to solve the environmental problems in international community, it should be reconsidered of environmental ethics we have. In this point, environmental paradigm of the East, which consider nature not as objects of ownership to have but as subject to live together and not as natural resources under the individual state’s jurisdiction but as common heritage of human kinds which is very close to, is helpful for reconstruction or understanding the international environmental legal principles. The principle of sustainable development focusing on not only intergenerational equity but also introgenerational equity, the principle of common but differentiated responsibility focusing on cutural heritage of the East, and finally common heritage of mankind focusing on the public trust doctrine are good examples. However, it is also necessary to solve the problems that the third world countries has revealed such as corruption, environmental injustice in their countries through the value of the first world countries, democracy. Therefore, the two sides can have win-win situation through making up for the each one’s faults in international environmental protection.

목차 (Table of Contents)

• Ⅰ. 서 론
• Ⅱ. 제3세계 및 제3세계 국제법시각의 개념
• Ⅲ. 환경패러다임
• Ⅳ. 국제법원칙에 대한 입장
• Ⅴ. 결 론

참고문헌 (Reference)

1 조홍식, "환경법 소묘:환경법의 원리,실제,방법론에 관한 실험적 고찰" 서울대학교 111 : 318-357, 1999

2 소병천, "환경권에 대한 새로운 패러다임" 13 : 363-, 2002

3 "창세기 1:24-31"

4 "생물다양성협약 제12조,제17조"

5 소병천, "기후변화 대응 국제논의의 쟁점 및 국제법적 함의" 서울국제법연구원 16 (16): 1-27, 2009

6 서원상, "국제환경법 상 차별적 공동책임" 성균관대학교 대학원 2006

7 이재곤, "국제환경법" 박영사 2015

8 金榮球, "深海底 開發制度의 法的問題에 관한 硏究" 한양대학교 대학원 1984

9 Kemal Baslar, "The concept of the common heritage of mankind in international law" Martinus Nijhoff Publishers 21-22, 1998

10 CISDL, "The Principle of Commonbut Different Responsibilities: Origins and Scope"

11 Mark T. Berger, "The End of the“ Third World?”" 15 : 257-, 1994

12 Nigel Harris, "The End of the Third World" New Amsterdam Books 1990

13 Usha Natarajan, "TWAIL and the Environment:The State of Nature, the Nature of the State,and the Arab Spring" 14 : 177-181, 2012

14 P. Sands, "Principles of International Environmental Law,Vol.1" Manchester University Press 63-, 1995

15 Nicholas B., "Dirks Castes of Mind:Colonialism and the Making of Modern India" Princeton University Press 9-, 2001

16 "Declaration on Principles of International Law concerning Friendly Relation and Co-operation among States in accordance with the Charter of the United Nations" 2625 (2625): 1970

17 Mark T. Berger, "After the Third World? History, Destiny and the Fate of Third Worldism" 25 : 9-, 2004

18 N.S. Rembe, "Africa and the International Law of the Sea" ijthoff and Noordhoff 52-, 1980