기후변화대응규범에 관한 분석과 전망

Analysis and Prospect on the Normative Approaches to Combat Climate Change, Focusing on Article 6 of UNFCCC

Desire for Human economic growth has led to both environmental effects of the increased exploitation of natural resources and destruction of the environment. Particularly, Greenhouse gases by industrial activities have significantly threatened to human society and the environment. In the response to them, United Nations Framework Convention on Climate Change(hereinafter UNFCCC) and Kyoto Protocol were adopted and entered into effect. The ultimate objective of the Climate Change Regime, which consists of UNFCCC, the associated legal instruments adopted by COP, and international organizations including IPCC, is the stabilization of greenhouse gases concentration in the atmosphere. The parties have endeavored to reduce greenhouse gases emission, mitigate the climate effect and adapt to climate change, utilizing the tools such as command-and-control, market-based and information-based regulations These instruments are based on the informational cooperation. The Informational cooperation, which means access to environmental information and public participation, is essential for the response to environmental problems. It was emphasized in the Principle 10 of the Rio Declaration, and was given shape by the Convention on access to information, public participation in decision-making and access to justice in environmental matters(hereinafter Aarhus convention). Access to environmental information is allowed irrespective of citizenship, nationality and domicile and without an interest having to be stated. States have to collect, possess and update environmental information to allow the public to ensure the access. Based on the right, the public should be able to submit their comments and opinions to the decision-making process from the early stage. It would be ensured that national legislation is consistent with the procedural environmental rights. Article 6 of UNFCCC stipulates ‘education, training and public awareness’ on climate change and its effect, but does not provide for their specific contents and procedures. The study on the procedural rights is required. In the future, post-Kyoto negotiation under climate change regime have to address public access to information on climate change and its effect and public participation to response them. The principles of Aarhus convention are able to be considered because the convention has been recognized as a leading instrument. Furthermore, the article proposes to establish Clearinghouse for Climate Change. It would contribute to effectiveness of the climate change regime for achieving the ultimate objective.