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A Study on the Legal Burdens for Securing Social Equality in the Uses of Wind Energy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.589-618
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Han Sang Hoon 1

1중원대학교

Accredited

ABSTRACT

Until recently there has been no sincere discussion about the nature of wind as a new energy source for our next generations. However, with the initiation of Paris Agreement, it is expected that wind energy will not be an alternative energy of fossil energy but be a pivotal future energy source for our next generations. For this reason, establishing comprehensive legal principles and legal system for wind energy is urgent and important legal issue for our society. Based on these circumstances this study provides practical criteria for legal considerations on the environmental impacts generated by the uses of wind. In addition, this study proposes some legal burdens for securing social equality in the use of wind energy throughout the comparative legal analysis for energy systems both of our nation and foreign cases. These are as follows; Firstly, although Act on the promotion of the development, use and diffusion of new an renewable energy introduces Renewable Portfolio Standards(RPS) to promote the use and provision of wind energy system practical legal standards are regulated in the Special act on the establishment of Jeju special self-governing province and the development of free international city and even the field oriented specific rules are regulated in the Ordinance of Jeju special self-governing province. This unsystematic legal structure causes serious conflict between Jeju special self-governing province and Jeju local council in securing social equality in the uses of wind energy. Therefore, in order to solve the conflicts between the province and local council in the uses of wind energy we need to work together to establish one unified legal system for the uses of wind energy. The second problem caused by the unsystematic legal structure for wind energy is an absence matter of just compensation standard for the infringement of property rights entailed by the environmental impacts from the uses of wind energy systems. It is clearly expected that this problem is getting serious in the near future while the wind energy uses is increasing. Therefore, in order to solve this problem we need to save wind data and useful information from various sites where wind energy systems are under operation. Thirdly, current designation procedure for selecting wind farm is executed by the licensee of wind turbine. Thus, current procedure for selecting wind farm provides unbalanced business opportunities for large companies comparing to local residents or small companies in the business of wind energy. Therefore, in order to secure social equality in the uses of wind energy establishing comprehensive legal principles and legal system for wind energy is necessary immediately. Based on these findings this study reviews some legal principles and legal system of Texas regarding various legal issues related to wind. From the research we find that Texas courts admit that essentially wind right would not be a corporeal right, and only an easement in gross or profit a prendre in the mineral rights could be conveyed, no title. And we also review Unified fee ownership theory, Wild animal theory, Percolating water rules and Rule of capture. Finally this study suggests that researching financial support system for the development of wind farm in Denmark cases and local government involvement system in the decision making procedures in wind farm development process in England cases could provide some useful insights for securing social equality in the uses of wind energy.

Citation status

* References for papers published after 2022 are currently being built.