인권조약상 환경 관련 의무의 역외적용에 대한 연구

A Study on the Extraterritorial Application of Environmental Human Rights Obligation

This article aims to examine the extraterritorial application of human rights obligations related to environmental protection. Extraterritorial application of human rights obligations refers to situations in which treaty obligations apply to individuals outside a state’s territory. Under international human rights law, this concept involves two main scenarios: when a state exercises effective control over a territory beyond its borders and when it exercises authority or control over an individual abroad. However, there are voices advocating for progressive and expansive approaches regarding extraterritorial application of human rights obligations for environmental protection. These approaches often center around establishing jurisdictional connections between a state party and an individudal abroad based on ‘effects abroad.’ Through the examination of several (quasi-)judicial case laws highlighting these emerging trends, this article aims to shed light on the current state of the law and provide insights into anticipating future directions in this issue area.