국제법상 환경범죄론의 再考察 = Revisiting International Environmental Crimes of States

다국어 초록 (Multilingual Abstract)

International environmental law has never been free from criticism on its effectiveness. International community including States, International Organization, NGOs and various stakeholders have tried different and innovative approaches to overcome this criticism in international environmental law. The present author argues that the problem of current international environmental lies in its vague concept of environmental harm and undifferentiated responsibility. First, the article will try to find a legal definition of injury, harm and damage irrespectively by comparing conceptual difference and tracing its historical roots shown in legal texts. the terms. Those terms are now almost being used interchangeably but they have interconnected but different origins as well as meanings. The present author argues that the terms should be differentiated and by doing so, we can share the clear-cut bounds of international environmental law. Second, the article will also look into the discussion concerning international crime in International Law Commission in the last century. The present author will focus on the dialogues between the members of International Law Commission whether delicts and crimes should be distinguished. By this author's analogy, if there are differences in environmental harm, different degree and form of responsibility should be applied. Unfortunately, International Law Commission's original work to include international environmental crime by states meaning the differentiated form of responsibility exists has opted out. Even though some believes the notion of international crime has been replaced by jus cogen and erga omnes in general, this applies only humanitarian law and human rights law era and not to transnational environmental harm. Therefore, this author argue that to deal with different environmental harms, forms of responsibility should be distinguished accordingly.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 국제환경법상 해로운 결과
• Ⅲ. 국제환경법상 해로운 결과로 인한 국제범죄
• Ⅳ. 結論
• Abstract

참고문헌 (Reference)

1 현승종, "침해(injuria)-로마법상의 불법행위-에 관한 연구" (남흥우 교수 회갑 기념) : 71-,

2 "온라인 옥스퍼드 영어 사전"

3 김정균, "국제법" 박영사 195-, 2006

4 김정균, "국제법" 박영사 503-, 2006

5 한창렬, "法律思想으로 본 法務官法과 衡平法" 1 : 72-73, 1958

6 J. Barboza, "the Environment, Risk and Liability in International Law" Martinus Nijhoff 10-, 2011

7 M. Bowman, "the Definition and Valuation of Environmental Harm: An Overview, In Environmental Damage in International and Comparative Law" Oxford 4-, 2005

8 "http://www.oed.com/view/Entry/96114?rskey=mLtb0N&result=1&isAdvanced=false#eid"

9 "Trail Smelter case (United States, Canada), RIAA, Volume III"

10 "Toxic State-Corporate Crimes, Neo-liberalism and Green Criminology: The Hazards and Legacies of the Oil, Chemical and Mineral Industries" 2 (2): 14-17, 2013

11 H. Grotius, "The Rights of War and Peace, Book II" Liberty fund 884-, 2005

12 E. Vattel, "The Law of Nations, Book II, Ch XX" T&J. W. Johson 271-, 1888

13 D. Bodansky, "The Art and Craft of International Environmental Law" Harvard University Press 10-, 2010

14 이진기, "Lex Aquilia의 구성과 내용 - 위법성과 책임 -" 한국재산법학회 29 (29): 85-113, 2012

15 P. Birnie, "International Law & the Environment" Oxford 330-, 2009

16 V. Nanda, "International Environmental Law & Policy for the 21st Century" Transnational Publisher 2003

17 E. Poster, "Gaius, Institutes of Roman Law" Library of Liberty 440-, 2011

18 E. Wyler, "From ‘State Crime’ to Responsibility for ‘Serious Breaches of Obligations under Peremptory Norms of General International Law’" 13 (13): 1160-, 2002

19 D. Banks, "Environmental Crime; A threat to our future" Environmental Investigation Agency 14-17, 2008

20 D. Bowett, "Crimes of State and the 1996 Report of the International Law Commission on State Responsibility" 9 (9): 163-, 1998

21 S. McCaffrey, "Crimes Against the Environment, In International Criminal Law" Transnational Publisher 1999

22 A. Pellet, "Can a State Commit a Crime? Definitely, Yes!" 10 (10): 425-, 1999

23 Alan Pellet, "Can a State Commit a Crime? Definitely, Yes" 10 (10): 425-, 1999

24 S. Bliech, "An Overview of International Environmental Regulation" 2 (2): 18-, 1972

25 J. Getzler, "A History of Water Rights at Common Law" Oxford 2004

26 C. von Bar, "A History of Continental Criminal Law" Lawbook Exchange 10-, 1999

27 T. Plucknett, "A Concise History of the Common Law" Lawbook Exchange 421-, 2001