동북아시아 월경성 대기오염에 대응하는 협력에 관한 연구

Abstract

International law that deals with transboundary air pollution suggests two possible solutions: identifying the polluting state to claim the state responsibility, or entering into the convention to regulate and manage transboundary air pollution cooperatively. However, claiming the state responsibility is not preferred as it is difficult to prove the causal relationship between internationally wrongful acts and environmental damage, and to determine the compensation amount. Thus, it is necessary to consider cooperative approach to transboundary air pollution. Compared to the European and North American countries, where transboundary air pollution is regulated and managed by the convention, the Northeast Asian countries discuss cooperative policies for the yellow dust and particulate matter in a program-level consultative body without the convention. This paper aims to explore what the Northeast Asian cooperation, which is still at an early stage in regional cooperation institutionalization process theory, must do from now on. It is possible to present future challenges for Northeast Asia cooperation to be institutionalized at an international level. First, the Northeast Asian countries should actively participate in the “North-East Asia Clean Air Partnership” to overcome the inefficient accumulation of scientific knowledge caused by cooperative system responsible for sporadic and redundant tasks. Therefore, the countries draw up clear policies to raise awareness of environmental issues. Second, they should add the information about the state of the environment, emergency or planned activities that are not included in the object of cooperation. They should also supplement the prior notification, emergency notification, exchange of information on planned activities as the method of cooperation. Lastly, they should make diplomatic efforts to ensure that the contents of the soft law, which is currently based on Northeast Asian cooperation, result in hard law such as the convention. Plus, they should expand and supplement 278 국제법평론 2019-Ⅰ(통권 제52호) the specific regulatory targets, goals, and content of the convention with a follow-up protocols or annexes. If the cooperation in response to transboudnary air pollution in Northeast Asia is institutionalized as the convention, subsequent protocols or annexes, and the executive body or commission is established to guarantee the implementation of the convention by the parties, it will successfully regulate and manage the yellow dust and particulate matter.