국제환경법에 있어서 IUCN의 지위와 역할

The Status and Roles of IUCN in International Environmental Laws

This article introduces the International Union for the Conservation of Nature and Natural Resources and examines its legal status as an international person. IUCN is very unique organization which open the membership to not only sovereign states but also NGOs. IUCN plays critical roles in protecting natural environment with delegation of legal power from the states by international environmental convention such as Ramsar convention. However, it is just a domestic NGO which is established by Swiss civil code in terms of traditional legal point. This article reviews the intents of the founder of the IUCN in the Statute and conducts of the member states. And it points out that the intents of the states give an extent of authority to IUCN such as executing association in international environmental laws. For example, use of IUCN's experience in conceptual law development on the part of nations, international organizations, or NGOs could strengthen and extend the evolving environmental law for management of the biosphere. IUCN represents opportunities to creatively apply new environmental laws to sustain development and the natural systems that development depends upon. Through IUCN's commissions and the combined efforts of its members, IUCN is a catalytic agent for conceptualizing and implementing new laws for Earth's biosphere. IUCN has the legal status and capacity to expand its creative roles. To understand how IUCN functions differently from nation states, the UN's specialized agencies and subsidiary organs, and other international organizations, it is important to understand the sui generis status that IUCN enjoys under international law. IUCN's constitution is unique among international organizations, and therefore it is necessary to provide some clarifications regarding IUCN's legal status. In understanding the unique characteristics of the IUCN Statutes, it is useful to examine two issues: 1) the state acts which created IUCN in 1948 (the states that established IUCN knew they were founding a unique, new international organization for conserving nature and natural resources); and 2) IUCN's legal status under international law and the Union's relationship with member states under municipal law. In conclusion, the article provides a necessity and possibility to approve IUCN as an new vision or model for the international legal person in international environmental law areas.