海洋環境汚染防止를 위한 國際環境政策에 관한 硏究 = A study of the International Environmental Policy for the Control of the Pollution of Marine Environment

다국어 초록 (Multilingual Abstract)

Environmental degradation become a salient political issue in several industrialized countries. In 1972 as a consequence of the United Nations Conference on the Human Enviroment, the U.N. Environment Programme was launched. By the mid-1970s, several international organizations were engaged in a plethora of activities to protect the environment.
This articles examimes international environmental protection of the policy Act for the control of the pollution of marine environment.
To evaluate the effectiveness of the environmental protection acfivities of international activities, criteria for gauging effectiveness are essential. As we know, The environmental movenment in the United States shared some of characteristics of the other movments of the 1960s.
Like the civil rights movement, the environmental movement was infused with much youthful idealism.
Of course, Concern with water and air pollution and other environment problems existed in the United States long before the 1960s. But The most important stops in making protection of the environment a federal responsibility were the National Environmental Policy Act(NEPA).
II. General Frends of international Law for the Control of the Pollution of Marine Environment.
The control, reduction and elimination of marine pollution has become one of the major issues in the contemporary law of the sea and it has proved to be a complex task, requiring the creation of a new and growing body of international law.
This process has reached its potentially most significant stage of codification and developing through the provision of the Law of the sea Convention of 1982.
The primary significance of the pollution provisions of the Law of the Sea Convention of 1982 is clearly their formulation of a structure of principle governing all aspects of marine pollution prevention and control.
Based on the general duty of protection and preserving the marine environment, this structure is comprehensive as to sources and forms of marine pollution. In addressing issues of regulation, enforcement and cooperation, it reflects a fundamental shift from power to duty as the central controlling principle of the legal regime of the marine environment, and a transition from a regine based on obligations of responsibility for damage to one based on obligations of regulation and control. Enforcement action for marine pollution will be a duty for states.
III. The Development of Marine Environment Policies in the United States.
First, environment protection activities in the United States have always involved a mulitiplicity of governmental agencies.
Despite the formation of the Environmental Protection Agency, several agencies within the federal government have responsibilities with respect to the environment.
In addition, the federal government shares authority with other levels of government for some environmental position with respect to making commitments than are Unitary countries, such as the United kingdom and France.
Second, the U.S. apprach to environmental protection activities has been strongly influenced by the general "arm's length" relationship between private enterprise and government. The approach has been for governmental agencies to set standards and then to force private enterprise to comply with these standards through court action if necessary. Litigation has also become important even with respect to public authorities. The National Environmental Policy Act requires that federal authorities prepare environmental impact statements before undertaking activities, and private groups can bring suit if the statements are inadequate or if the proposed activities seem likely to violate established standards. With respect to both the private and public sectors, litigation has thus become an important characteristic of U.S. environmental protection activities.
IV. Conculsion.
By the early 1970s, international organizations had begun to adopt extensive environmental measures, including the U.N. environmental program International Organization activities explicitly directed toward environmental protection have sharply intensified and increased in number. This has been true of the public or intergovernmental international organizations of the United Nations system, but also of intergovernmental agencies outside that system and a number of nongovernmental international organization as well Specially, the law of the sea convention of 1982 that can be seen as comprehensive is in its emphasis on protection the marine environment as a whole. This aspect apprears most obviously in the inclusion of a general obligation to protect and preserve the marine environment. The text of part XII of the law of the sea convention is central to the development of the new concept of a dutu to protect and preserve the marine environment and to any attempt to evaluate the adequacy and completness of the convention's apprach to marine pollution.

목차 (Table of Contents)

• Ⅰ. 序設
• Ⅱ. 海洋汚染防止를 위한 國際法의 一船的 動向
• 1. 海洋汚染에 관한 一船國際條約
• 2. 油類汚染에 관한 協約
• 3. 南極海洋生物資源에 관한 協約
• Ⅲ. 海洋汚染防止를 위한 各國의 立法例
• 1. 海洋汚染防止에 관한 各國의 立法動向
• 2. 美國의 立法動向
• 가. 國家環境政策
• 나. NEPA의 法的 性格
• 다. NEPA의 發展
• 3. 英國의 法的動向
• 4. 캐나다의 立法動向
• 5. 日本의 立法動向
• 6. 各國의 海洋汚染防止行爲의 性格
• Ⅳ. 우리나라의 海洋汚染 實態와 관련 法規의 性格
• 1. 實態
• 가. 적조현상
• 나. 油類汚染
• 다. 해양공사
• 2. 海洋汚染에 관한 法規
• Ⅴ. 結
• 五. 參考文獻
• 六. 英子要略