국제환경법에 있어서 ‘제3세계 국제법시각’

TWAIl in International Environmental Laws

The Third World Approach in International Law(TWAIL) spotlighted in 1990’s pointed the problems of not only tht the international law has to handle but also that the third world itself has. This short paper explores the TWAIL in international environmental law areas focusing on its environmental paradigm and viewpoint on the basic legal principles and suggests reciprocal complementation between the third world countries’ environmental value and the first and second world countries’ legal norms. In order to solve the environmental problems in international community, it should be reconsidered of environmental ethics we have. In this point, environmental paradigm of the East, which consider nature not as objects of ownership to have but as subject to live together and not as natural resources under the individual state’s jurisdiction but as common heritage of human kinds which is very close to, is helpful for reconstruction or understanding the international environmental legal principles. The principle of sustainable development focusing on not only intergenerational equity but also introgenerational equity, the principle of common but differentiated responsibility focusing on cutural heritage of the East, and finally common heritage of mankind focusing on the public trust doctrine are good examples. However, it is also necessary to solve the problems that the third world countries has revealed such as corruption, environmental injustice in their countries through the value of the first world countries, democracy. Therefore, the two sides can have win-win situation through making up for the each one’s faults in international environmental protection.