국제환경법 이행체제의 개선방안에 관한 제안 -기후체제에서의 이행문제와 그 대안을 중심으로-

Some Suggestions for the Improved Compliance in International Environmental Law –Insurance Model for the Climate Change Regime –

International environmental law is the legal discipline that has emerged to solve the disputes regarding environmental responsibility among States. Despite its short history, this legal discipline has been successful in inventing and stabling principles that can be applied to overall environmental issues. However, specifying the principles is manifested depending on different disciplines as well as different protected subject matters. As a result, current international environmental law is divided into several regimes and their compliance procedures are separately established. In these compliance procedures, non-mandatory measures and methods are utilized to assist implementation, rather than strong sanctions and responsibilities for violations of obligations. This newer approach does not imply that States are exempted from liability in international law. Although the new climate change regime substitutes for the Kyoto Protocol, the Paris Agreement has raised some questions about its effectiveness. Not only does it not have an obligation to fulfill the (I)NDC, but it also has a weaker enforcement mechanism than the Kyoto Protocol on the violations of the treaty obligations. In addition, the Paris Agreement does not address loss and damage caused by climate change, although it explicitly mentions the term “Loss and Damage”. In this context, this Article aims to suggest ways to take account of responsibility and the implementation of the treaty in a harmonized way possible. One of the possible methods to address this issue is to apply the insurance model from discussions of the Agreement on loss and damage to the overall climate change regime. Insurance is necessary to hedge against the risk of the occurring liability, and is mandatorily imposed on some operators in the domestic law and the international law. In the case of climate change, both industrialized and developing countries are responsible for the emissions, thus they should and could participate in the insurance to fulfill their responsibilities for non-compliance, and the accumulated insurance premiums are subject to the damage and the measures to avoid the outcomes of climate change. Solving the problem of climate change, despite its urgency, is too dependent on voluntary means of implementation. While various ideas can be suggested, the use of insurance models to cope with climate change and secure finance can be considered as a useful method.