국제환경법상 형평원칙과 기후변화체제의 협상

Equity in International Environmental Law and Negotiation of Climate Change Regime

Equity has been among the most contentious issues that stand in the way of international agreement on what the next climate change regime should look like. This article seeks to explore the concept of equity under international law and international environmental law and in climate change regime. In Part II, it is recognized that equity in international environmental law and climate change regime refers to equity as distributive justice rather than equity as corrective justice. Also, concepts such as intra-generational equity and inter-generational equity are introduced to demonstrate the content of equity. In Part III, different areas of international environmental law and international law are examined to show how equity as distributive justice has evolved to become an important principle for allocating resources and sharing burdens. Part IV demonstrates different dimensions or elements employed to argue how equity should be determined in terms of shaping a new climate change regime. Such elements or dimensions are divided into four types, namely responsibility-based equity, capabilitybased equity, basic needs-based equity and equality-based equity.