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A Study on An Integrated Environmental Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 79(), pp.927-951
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Moon-Hyun Koh 1 KYUNG-WON PARK 1

1숭실대학교

Accredited

ABSTRACT

Pressure to reduce greenhouse gas emissions is increasing because agreement was signed by Paris Agreement in December of 2015. Republic of Korea proposed to reduce greenhouse gas emissions by 37 percent of the INDC in 2030 prior to Paris Agreement. Due to the establishment of more than fifty bustling environmental laws and regulations to deal with emergencies, even the government officials as well as the people have a difficulty in understanding environmental laws and regulations. This complex difficulty prevents the government officials from enforcing environmental laws efficiently and flexibly. In order to attain unity of the regulatory framework and its comprehensiveness and efficiency, it is necessary to unify the framework of the environmental laws into a single, concise, and easy way. Advanced countries such as France and Sweden in environment have already enacted integrated environmental laws. Today, however, coping with diverse and complex environmental issues through a single law can lead to the leviathan of a legislative owing to excessive delegation to the subordinate statutes. It is not an easy task as we can see it from 2010 German case which suffered bitter rejection of draft of an integrated environmental law in Parliament. It is necessary to analyze in a systematic way and prepare to avoid repeating prior trial and error such as the acceptance of Constitutional environmental article such as Article 35 in 1980. If it is difficult to establish a fully integrated environmental law from scratch, it is necessary to gradually expand it by integrating it into a similar category and gradually expanding it. In addition, it is not easy to provide capture, transport and storage of Carbon Dioxide in current Waste Management Act, Geological Water Act in order to reduce Carbon Dioxide. Under this situation, it can be a kind of integrating into a similar category to legislate a Single Act named ‘Act on Capture, Transport and Geological Storage of Carbon Dioxide’.

Citation status

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

This paper was written with support from the National Research Foundation of Korea.