@article{ART002438260},
author={Song Dongsoo},
title={The renovation of korean environmental legislation on the new UN framework convention on climate change},
journal={Public Land Law Review},
issn={1226-251X},
year={2019},
volume={85},
pages={335-363}
TY - JOUR
AU - Song Dongsoo
TI - The renovation of korean environmental legislation on the new UN framework convention on climate change
JO - Public Land Law Review
PY - 2019
VL - 85
IS - null
PB - Korean Public Land Law Association
SP - 335
EP - 363
SN - 1226-251X
AB - Climate change is a threat that exists both now and in the future and is a problem not only for a specific country but also for the whole world. The Kyoto Protocol, which will be implemented by 2020, obligates industrialized countries to assume historical responsibility for environmental pollution and obliges industrialized countries to reduce greenhouse gas emissions. Korea has not been obliged to reduce greenhouse gas emissions because it is not included in advanced countries in the Kyoto Protocol. However, with the adoption of the Paris Agreement at the COP21 held in Paris, France in 2015, Korea is obliged to reduce greenhouse gas emissions in the future. In other words, Korea has become a member of the Post-2020 Regime.
The Paris Agreement differs in many respects from the Kyoto Protocol. The Paris Agreement is intended to establish a new climate regime after 2020, when the Kyoto Protocol will expire. Unlike the existing Kyoto Protocol, the Paris Agreement sets a total of 195 Parties to UNFCCC. That is, it imposes a duty to reduce greenhouse gas emissions not only in developed countries but also in developing countries. The Paris Agreement sets out a long-term goal of keeping the average global temperature rise above pre-industrial levels at levels well below 2°C and seeking to limit them to below 1.5°C. It is not easy for developed and developing countries to achieve one goal in different situations. The Paris Agreement gives much discretion to the setting of NDC and there are regulations in the developing countries for various convenience.
The Paris Agreement is in effect on October 4, 2016, 30 days after its entry into force on October 5, 2016. Korea also became a member of the Paris Agreement by ratifying the National Assembly on November 3, 2016. Korea has already submitted a national contribution plan (NDC) to the international community to reduce the BAU by 37% by 2030.
In order to reduce and adapt GHG emissions under the Paris Agreement, Korea needs to improve its legal system. It is necessary to improve national plans such as the basic plan for responding to climate change, renew the climate change response fund and activate the sustainable mechanism(SDM). It is also necessary to amend the Framework Act on Low Carbon Green Growth, the Climate Change Response Act and the Law for the Activation of the Hydrogen Economy.
KW - Paris Agreement;UNFCCC;climate change;Kyoto Protocol;NDC;new climate regime;maket-based mechanism
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Song Dongsoo. (2019). The renovation of korean environmental legislation on the new UN framework convention on climate change. Public Land Law Review, 85, 335-363.
Song Dongsoo. 2019, "The renovation of korean environmental legislation on the new UN framework convention on climate change", Public Land Law Review, vol.85, pp.335-363.
Song Dongsoo "The renovation of korean environmental legislation on the new UN framework convention on climate change" Public Land Law Review 85 pp.335-363 (2019) : 335.
Song Dongsoo. The renovation of korean environmental legislation on the new UN framework convention on climate change. 2019; 85 335-363.
Song Dongsoo. "The renovation of korean environmental legislation on the new UN framework convention on climate change" Public Land Law Review 85(2019) : 335-363.
Song Dongsoo. The renovation of korean environmental legislation on the new UN framework convention on climate change. Public Land Law Review, 85, 335-363.
Song Dongsoo. The renovation of korean environmental legislation on the new UN framework convention on climate change. Public Land Law Review. 2019; 85 335-363.
Song Dongsoo. The renovation of korean environmental legislation on the new UN framework convention on climate change. 2019; 85 335-363.
Song Dongsoo. "The renovation of korean environmental legislation on the new UN framework convention on climate change" Public Land Law Review 85(2019) : 335-363.