국제환경법의 제원칙: 그 진화과 과제

The Principles of International Environmental Law: their Evolutions and Remained Issues

International environmental law, which began to be developed substantially only after 1972 Stockholm Conference on the Human Environment, became a vast international legal system with more than 2,000 related treaties and customary law. In the course of the development, a couple of general principles of international environmental law has been formulated. The principles has been reflected in international environmental rules, applied in the resolution of international environmental disputes or influenced on the interpretation of related international environmental norms. The writer tried to see what kind of principles of international environmental law has been formulated, what are their contents and what kind of roles did they play in the operation of the system of international environmental law. The author also attempted to find out the extent of evolution of the principles, their status as international legal norms, and the scope of application of the principles. He also made an endeavor to seek problems and possible solutions for the improvement of functioning of the principles. The writer suggested the following principles as the general principles of international environmental law: the responsibility not to cause environmental damage, the principle of co-operation, the principle of sustainable development, the precautionary principle, the polluter pays principle and the principle of common but differentiated responsibility. Among the principles, the responsibility not to cause environmental damage, principle of notification and cooperation, especially in relation to emergencies, and the environmental impact assessment are evolved into established customary international law. The precautionary principle has now reached the threshold of customary international law. The content of some principles of international environmental law has been concretized and the scope of the application of the principles has been substantially extended. However, for the improvement of functioning of the principles as a guide in the solution of international environmental problems and harmonious development of international environmental law with other area of international law, the content of principles has to be more substantialized and the problem of fragmentation of international law has to be solved.