국제환경법의 제원칙: 그 진화과 과제

이재곤(Lee, Jae Gon) 국제법평론회 2012 국제법평론 Vol.0 No.38

International environmental law, which began to be developed substantially only after 1972 Stockholm Conference on the Human Environment, became a vast international legal system with more than 2,000 related treaties and customary law. In the course of the development, a couple of general principles of international environmental law has been formulated. The principles has been reflected in international environmental rules, applied in the resolution of international environmental disputes or influenced on the interpretation of related international environmental norms. The writer tried to see what kind of principles of international environmental law has been formulated, what are their contents and what kind of roles did they play in the operation of the system of international environmental law. The author also attempted to find out the extent of evolution of the principles, their status as international legal norms, and the scope of application of the principles. He also made an endeavor to seek problems and possible solutions for the improvement of functioning of the principles. The writer suggested the following principles as the general principles of international environmental law: the responsibility not to cause environmental damage, the principle of co-operation, the principle of sustainable development, the precautionary principle, the polluter pays principle and the principle of common but differentiated responsibility. Among the principles, the responsibility not to cause environmental damage, principle of notification and cooperation, especially in relation to emergencies, and the environmental impact assessment are evolved into established customary international law. The precautionary principle has now reached the threshold of customary international law. The content of some principles of international environmental law has been concretized and the scope of the application of the principles has been substantially extended. However, for the improvement of functioning of the principles as a guide in the solution of international environmental problems and harmonious development of international environmental law with other area of international law, the content of principles has to be more substantialized and the problem of fragmentation of international law has to be solved.

국제환경법과 국내법

이재곤(Lee, Jae Gon) 국제법평론회 2020 국제법평론 Vol.0 No.57

International environmental law and domestic environmental law have mutually influenced on each other in their birth, formation and development. This paper examines how international environmental law and domestic environmental law have exerted a concrete effect on each other and what role they have played with each other. The final goal of this article is to identify problems that have appeared in the above-mentioned examination and to find appropriate solutions to improve it. Overall, it is evaluated that international environmental law and domestic environmental regulations have been mutually harmonized and improved consistency. However, there are several obstacles in the smooth harmonization of domestic environmental laws with international environmental law. At first, environmental standards and obligations under environmental treaties are stipulated in ambiguous terms, and many provisions of environmental treaties declare only basic principles or the basic framework of regulations, so they do not provide specific obligations. Second, there are no or only weak devices to monitor compliances of international environmental law. Third, developing countries are lacking in scientific, technological and financial capabilities which are necessary for responding to international environmental protection. Institutional mechanisms to assist capacity-building of developing countries are not sufficient to provide proper help to them. It is necessary to find methods to solve the obstacles. Korea has endeavored not only to adopt international environmental norms into domestic environmental legislation and to set up necessary domestic institutional mechanisms, but also to establish a necessary regional and international environmental cooperation system, along with economic development and enhancement of international status. Through this, it is understood that Korea s domestic environmental norms have generally developed in a direction consistent with the obligations and standards of international environmental norms. However, there are a couple of problems to solve for the improvement of harmonization. First, Korea is still not a party to some multi-environmental conventions that have significant implications for international environmental protection. Second, although Korea has realistic or potential problems such as transboundary air pollution and marine pollution, it has few regulations to cope with the situation. Third, So far, Korea has not taken a leading or active attitude toward setting international regulations and directions for environmental standards and environmental protection. Forth, the works for the response to one environmental problem are be distributed among various ministries, which may hinder comprehensive approaches to harmonize with international environmental norms.

현대 국제법에서 국제기구의 역할

오미영(Oh Mi Young) 국제법평론회 2006 국제법평론 Vol.0 No.23

교통과 통신발달, 국경을 초월한 국가간의 교류와 협력은 전통적 국가주권 개념에 변화를 초래하였고, 국제기구는 그 변화와 함께 발전하게 되었다. 이러한 국제기구의 발전은 전통적 국가주권의 개념을 상당 부분 변화시켜 왔을 뿐만 아니라, 국제법과 국내법 간의 본질적 차이를 줄여왔으며 이에 따라 국제법도 과거의 수평적 구조에서 부분적으로나마 수직적 구조를 갖추게 되었다. 국제기구는 그 목적 범위 내에서 스스로 자신의 법질서를 구성해 왔고, 이러한 내부적 법질서를 통해 법적 기반을 구축해 왔다. 또한 자신의 임무를 수행할 수 있는 내부적 기관을 창설해 왔다. 스스로 내부구조를 만들고 이에 부합하는 실질적 규범을 창설함으로써, 현재는 회원국이 그 의무를 이행하는지 감독할 권한도 가지게 되었다. 즉, 국제기구는 정보기능, 규범창출 기능, 규칙창출 기능, 규칙감시 기능, 운용활동 기능, 토론장으로서의 기능 등 다양한 기능을 갖추고 이를 수행하고 있다. 국제기구는 국제사회의 협력체제를 끌어내고 국제법을 발전시키는 역할을 한다고 할 수 있다. 말하자면, 국제법의 많은 변화는 국제기구의 구조 내에서 발전해 왔고, 따라서 국제법의 발전에 있어 국제기구의 중요성은 폭넓게 인정되어 왔던 것이다. 한편, 전통적으로 국가의 배타적 관할에 속하던 무역이나 인권, 환경보호 등 여러 분야들이 국제적 관심의 대상이 되면서 국제법의 영역도 확대되었다. 특히 환경보호는 현대 국제법에 있어서 중요한 관심의 대상이다. 지구환경오염은 인간의 건강과 생명을 위협하고 초국가적인 차원에서 문제가 되고 있다. 국제사회가 환경문제에 많은 관심을 가지게 된 것은 1972년 스톡홀름 지구환경회의부터이다. 그 후 국제사회는 지금까지 수많은 환경관련 조약을 체결하고 UN 또는 UNEP를 비롯한 국제기구의 결의와 함께 행위준칙 등 많은 환경관련 법규를 제정해 왔다. 또한 1992년의 리우환경선언 이후 UN은 국제환경조약에 형별규정을 두었으며, 그 집행의 실효성을 확보해야 한다는 취지하에 “국제환경형법”의 가능성을 국제법학계나 국제조약체결의 실무에서 적극적으로 검토하고 있다. 이제 환경오염문제는 인류의 생존과 직결된 문제로서, 환경보전은 더 이상 개별 국가의 과제가 아니라 전세계적 과제로 인식되고 있는 것이다. UN을 비롯한 국제사회가 끊임없는 노력을 하고 있음에도 불구하고, 환경보호는 국가안전보장과 같은 문제에 항상 그 순위가 밀리고 있다. 특히 국가안전보장에 의한 환경침해문제는 무력행사시에 더욱 심각하게 발생하며 무력행사시 뿐만 아니라 평상시의 군사활동에 의해서도 발생한다. 하지만 환경침해문제를 국가안전보장에 이어진다고 하여 이대로 방치해 두어야 한다는 합리적인 이유는 찾을 수 없다. 환경보호를 해야 할 필요성은 충분히 국제사회에서 인정되고 있고, 이미 국제조약이나 각국의 국내입법실무를 통해 입증되었다. 국제사회는 보다 일반적이고 체계적인 규범 정립을 위해 앞으로도 계속 노력해야 할 것이다. The developments of transportation, communications and exchanges and cooperation between countries have changed the traditional concept of the sovereignty. International organizations, along the change, have grown as well. The growing organizations have substantially altered the traditional concept, narrowing the substantive difference between the international law and national law. As a result, the structure of the international law has become vertical in large part away from the being horizontal. International organizations themselves have constructed their law order within the scope of their purposes, on which, they have built a legal base. In addition, they have established internal bodies that can perform their duties. By building up the internal structure and setting up the corresponding practical norms, they now have the power to monitor whether member states are carrying out their obligations. That is, the international organizations have a variety of such functions. For example, they provide informational function, norm-creating function, rule-creating function, rule-supervisory function, operational function, and the function as a venue for discussions. They have created a cooperative system in the international community, and played a major role in developing the international law. In other words, the law has advanced within the structure of the organizations. Therefore, the organizations are being recognized to play an essential role in the development of the law. Meanwhile, the areas including trade, human rights, environmental conservation, ect, which were out of countries interests in the past, has been integrated into the international law as the areas have drawn more attention from the world. In particular, the environmental conservation has become currently the hot issue in the international law. The issue has become the transnational one threatening the life and health of human beings. The world has paid more attention to the environmental issue since the United Nations Conference on the Human Environment (UNCHE) held in Stockholm in 1972. Since then the international society until now have entered numerous environment related treaties, and together with the deliberation of many international organizations including the UN and UNEP, numerous environment related laws have been established including documents relating to rules of conduct. Also, the UN has had provisions of punishment in the international environment treaties for enforcement since the Rio Declaration on Environment and Development in 1992 and the provisions are now being reviewed as a possibility of the “International Environmental Criminal Law” in the international law academy and the practical agreement of international treaties. Now the environment issue is directly related to the existence of human beings, and the conservation of the environment has no longer been acknowledged as a challenge of individual country but as the international challenge. Despite continual efforts made by in the international community including the UN, the environmental conservation issue has lost priority to issues like the national security law. In particular, a serious environmental pollution takes place when a country uses armed forces in the name of national security and such a pollution is created not only by the use of armed forces but also by military operation at peace. However, we cannot not justify ourselves to tum a blind eye to the pollution issue saying that it is related to the national security. The importance of environmental conservation has been already acknowledged by the world. International treaties and national legislation have already proved to reflect this importance. The international community has to continue to move forward to establi ih a more general and systemic norms.

인도에서 국제환경법의 일반원칙 적용과 환경 관련 소송

이지훈 한국외국어대학교 인도연구소 2016 남아시아연구 Vol.22 No.1

본 연구에서는 인도에서의 국제환경법과 국내법의 관계와 인도 환경 관련 소송에서의 국제환경법 일반 원칙들의 적용을 분석한다. 국가들은 다양한 방식으로 국내법 질서에 국제법을 적용하고 있다. 일원론을 따르는 국가의 경우는 일정한 입법의 절차 없이도 국제법의 국내적 수용이 가능하나 인도의 경우는 국제법과 국내법을 별개의 법질서로 보는 이원론을 따르고 있다. 따라서 인도에서 국제환경법을 국내법에 편입하기 위해서는 헌법에 규정하는 입법부의 배타적 권한을 통해 법률로 제정하여야만 한다. 인도 사법부는 법률 제정의 권한은 갖지 못하지만 국제법과 관련한 사안을 자유롭게 법해석할 수 있는 권한을 갖는다. 특히 대법원은 국제환경조약의 인도의 국제의무를 이행하고 국제환경법의 일반원칙을 국내법의 일부로 적용하는데 적극적인 역할을 하였다. 또한 사법적극주의와 환경소송의 원고적격 완화는 국제환경법과 인도국내법의 간극을 메우는데 중요한 역할을 해 왔다. 벨로르 소송이나 엠씨 메흐따등 여러 환경관련 소송에서 사전예방의 원칙, 오염자부담의 원칙 등의 국제환경법의 일반원칙을 명확하게 적용하였으며 국제환경법의 일반원칙을 국내법의 일부로 받아들였다. 또한 인도 법원은 환경 관련 소송에서 국제환경법의 일반원칙을 국내법적 맥락에서 해석하여 적용하였다. 결과적으로, 인도 환경 법제에 적용된 국제환경법 일반 원칙은 지금까지도 환경 관련 소송에서 법원의 사법적 판결에 지대한 영향을 미치고 있다. This paper attempts to examine the relationship between international environmental law and municipal law and analyze the environmental cases adopting general principles of international environmental law in India. The implementations of international law on the domestic legal order on various counties of the world are manifold. The countries which follow ‘monist theory’, can be invoked or applied sources of international law into their municipal law without any administrative an d legislature procedures but India follow the ‘dualistic theory’ with respect to incorporation of international law into municipal. Thereby, international environmental law does not automatically become a part of national law in India. It should be enact a law to incorporate international environmental law by exclusive power of legislature due to India federal system under the Constitution of India. Indian Judiciary, though not empowered to make legislations, is free to interpret India’s obligations under international law into the municipal laws in judicial decision in a case concerning issues of international environmental law. In this context, the proactive role of Indian judiciary, and particularly the Supreme Court led to implementing India’s international obligations under international environmental treaties and accepting general principle of international law as part of Indian municipal law in the field of environmental law. Thus, the ‘Judicial activism’ and ‘Relaxation of Locus Standi’ in environmental litigation has played a significant role to fill up gap in the international environmental law and Indian municipal law. The several environmental cases such as Vellore case and a series of M.C. Mehta cases affirmed and adopted the general principles of international environmental law including precautionary principles, and polluter pays principle as customary international law and made them as part of Indian municipal law. Consequently, the incorporation of the international environmental law and its principles into Indian Environmental jurisprudence has been producing profound effects to judicial decision of contemporary India higher judiciary in the field of environmental law.

국제환경법 관련 법 이론의 발전에 관한 연구 * 1) - 󰡔국제법평론󰡕 제1호부터 제49호까지 논문을 중심으로 -

이창열(Lee, Chang Youl) 국제법평론회 2018 국제법평론 Vol.0 No.51

International Environmental law is a field that has made much progress through a variety of international conventions, resolutions, declarations, guidelines, action plan such as the Convention on Biological Diversity in 1992, the Framework Convention on Climate Change and its protocols in 1992, the Stockholm Declarations in 1972, the World Natural Charter in 1982, and the Rio Declarations in 1992. The common awareness of the international community on the importance of the global environment has brought controversy about the protection of the earth environment and state responsibility. In this regard, international society has introduced a number of legal principles and approaches, which have played a crucial role in the development and proliferation of international environmental law in order to solve the problems of international environmental law. At the same time, however, the legal principles and approaches have been criticized for lack of legal binding force and specificity. Research on the international environmental law has been published consistently in the Korea International Law Review. Therefore, it is very meaningful to look at the development aspect of legal theory in the filed of the international environmental law through the Korea International Law Review for the 20th anniversary of the Korea International Law Review. There is a limit to the facts that results of this study can not be generalized since scope of this research is restricted to the Korea International Law Review. However, many great scholars of the international law academic community have published articles on the Korea International Law Review. Thus, it is worthwhile that this paper can partially infer perspective of the international law academic community in korea. This research attempts to classify the articles of the Korea International Law Review concerning the international environmental law by time and a subject so as to understand advance of law theory and research trends over time.

국제법상 환경범죄론의 再考察

모영동(Youngdawng Moh) 성균관대학교 법학연구소 2013 성균관법학 Vol.25 No.3

International environmental law has never been free from criticism on its effectiveness. International community including States, International Organization, NGOs and various stakeholders have tried different and innovative approaches to overcome this criticism in international environmental law. The present author argues that the problem of current international environmental lies in its vague concept of environmental harm and undifferentiated responsibility. First, the article will try to find a legal definition of injury, harm and damage irrespectively by comparing conceptual difference and tracing its historical roots shown in legal texts. the terms. Those terms are now almost being used interchangeably but they have interconnected but different origins as well as meanings. The present author argues that the terms should be differentiated and by doing so, we can share the clear-cut bounds of international environmental law. Second, the article will also look into the discussion concerning international crime in International Law Commission in the last century. The present author will focus on the dialogues between the members of International Law Commission whether delicts and crimes should be distinguished. By this author's analogy, if there are differences in environmental harm, different degree and form of responsibility should be applied. Unfortunately, International Law Commission's original work to include international environmental crime by states meaning the differentiated form of responsibility exists has opted out. Even though some believes the notion of international crime has been replaced by jus cogen and erga omnes in general, this applies only humanitarian law and human rights law era and not to transnational environmental harm. Therefore, this author argue that to deal with different environmental harms, forms of responsibility should be distinguished accordingly.

국제법상 환경보호를 위한 핵무기 규제에 관한 연구

심영규 한양법학회 2019 漢陽法學 Vol.30 No.3

In view of past historical experiences, there have been growing concerns that the development, use and proliferation of nuclear weapons can cause widespread and severe damage to the global environment, in spite of differences in the perceptions of environmental risks of nuclear weapons depending on the time period and situation. Thus, the proliferation and use of nuclear weapons has long been one of the major issues in the international community, including environmental aspects. As a result, international legal regulations have been attempted for the manufacture, production, acquisition, possession, transportation, deployment, stockpiling, tests and use of nuclear weapons through multilateral treaties, including international environmental law, and the issue was subjected to judicial judgment by the International Court of Justice (ICJ). In light of the potential danger of environmental destruction and damage caused by nuclear weapons, which is more severe and massive than by any other conventional weapons, regulation of nuclear weapons for environmental protection is recognized as a major task in modern international law. The traditional approach to nuclear weapon regulation has been primarily discussed in connection with national security, the prohibition of use of force, nuclear disarmament, and the non-proliferation of nuclear weapons, partially establishing relevant international norms in the respective fields. However, comprehensive regulation is still a long way off through the traditional approach. In addition, as ICJ indicated in its 1996 advisory opinion, this approach is somewhat inappropriate in obtaining a clear answer as to whether there is an international legal obligation to protect the environment from nuclear weapons, whether in peace or at war. Moreover, it is still questioned whether current international norms on nuclear weapon regulation can be an effective international legal basis for environmental protection. The author, based on this perception, reviewed the main relevant provisions of major international treaties in the fields of nuclear disarmament and denuclearization (Chapter Ⅱ), international humanitarian law (Chapter Ⅲ), and multilateral environmental agreements (MEAs) (Chapter Ⅳ), which have been discussed as the influential legal basis to regulate nuclear weapons for the environmental protection in international law, and respectively analyzed their effectiveness as well. Through these discussions, from the perspective of ‘environmental protection’ in the non-ideological and non-political points of view, the author looks forward to being able to provide helpful motives to establish regional and/or global legal regime to not only protect the global environment, but also realize genuine humanitarianism and human rights protection by permanently removing nuclear weapons and achieving denuclearization on the Korean Peninsula.

국제환경법과 WTO법상 의무의 충돌 해소에 관한 연구

이경화(Lee Kyoung Hwa) 국제법평론회 2014 국제법평론 Vol.0 No.39

What once appeared to be governed by 'general international law' has become the field of operation for specialist systems such as 'international economic law', 'environmental law'- each possessing their own legal principles, and autonomous institutions. This is a consequence of the fragmentation of international law. If a party were to implement an obligation under a certain law, it would be in conflict with implementing another law. This issue is called a 'conflict of obligation.' In 2006, an International Law Commission(ILC) report stated that traditional legal principles, such as lex specialis or lex posterior, can be applied to resolve the issue. Moreover, the ILC suggested the method called 'systemic integration' which stipulates that one law can be interpreted in the context of another law because international law is 'a legal system.' However, some international environmental law have no legally binding force but have normative values. This is a characteristic of 'soft law.' If an international environmental law is breached, it affects the entire international community and breaches 'obligation erga omnes.' On the other hand, World Trade Organization(WTO) laws have some tendency to exclude the other legal applications in the field of trade. However, WTO DSU Article 3.2 states that "The Members recognize that it serves … to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law." This has a tendency to avoid isolation from general international law. Every member of the WTO has an legal interest in implementing WTO law. In this sense, it can be said that an obligation under the WTO law is an obligation erga omnes partes. Many Multilateral Environment Agreements(MEAs) allow or prohibit the trade of certain products, commodities, plants or animals for environmental reasons. The purpose of the WTO is trade liberalization but it also focuses on environmental protection and they have some exceptional cases regarding the environment. However, there is a possibility of conflict between the MEAs and WTO rules. This paper attempts to resolve the conflict with the assumption that the WTO avoids isolation from general international law and international environmental law has the characteristics of obligations erga omnes. The suggested ex ante solution is to apply lex posterior provided in Article 30 of the Vienna Convention on the Law of Treaties(VCLT) or providing the conflict clause. This ex ante method is a rare case and normally the conflict can be resolved through ex post interpretation. The presumption against conflict is the starting point, then Article 31 and 32 of the VCLT can be applied to draw teleological interpretation. If the text of a treaty can be interpreted in two ways and if the one interpretation has an effect on the treaty and the other does not have any effect, the interpretation that does have effect in accordance with the principles of 'good faith' and the 'objectives and purposes' provided for in Article 31, is generally taken. That is called 'principle of effectiveness.' Also, 'systemic integration' can be pursued by applying Article 31.3(c) of the VCLT. Here, integration does not prioritize one segment of one law over another. However, it harmonizes the different values. It connects specialized segments and links them with universal principles. In order to utilize Article 31.3(c) which states that 'any relevant rules of international law applicable in the relations between the parties', the scope should be narrowed to the disputing party. The scope of the 'relevant rules of international law'should not be confined to the time of conclusion but expanded to its interpretation as well. An example of this attitude can be found in case law, vis-a-vis the US-Shrimp case, where the WTO Appellate Body referred to the UN Convention on the Law of the Sea, CITES, the Convention on Biological Diversity when it interpreted 'exh

현대국제법의 구조 변화와 국제환경법의 역할

박병도 대한국제법학회 2024 國際法學會論叢 Vol.69 No.1

오늘날 국제법의 구조는 변화하고 있다. 이러한 변화의 중심에는 국가 중심적 구조의 변화가 가장 뚜렷하다. 현대 국제법 구조는 국가가 중심 역할을 하는 ‘웨스트팔리아 체제’로는 불충분하다. 국가는 이제 국제법 서사에서 더 이상 ‘영웅’으로 숭배되지 않는다. 국제법의 국가 중심적 구조 변화 중에 가장 두드러진 점은 개인을 비롯한 국가 이외의 다양한 실체들, 이른바 비국가행위자들이 국제법 무대에 등장하고 있다는 것이다. 즉 국제법 무대에 국가 이외의 다양한 행위자들이 배우로 활동하고 있다는 점이다. 전통적인 시각에서 보면 국제법의 주체가 확대되고 있는 것이다. 그리고 오늘날 국제법의 연원도 국제사법재판소 규정 제38조를 넘어서 조약과 국제관습법 이외로 확대되고 있는 점도 국제법 구조 변화 중에 주목할 만한 부분이다. 이러한 구조 변화는 국제환경법 분야에서 두드러지게 나타나고 있다. 법률상이든 사실상이든 간에 국제환경법을 만드는 행위자가 다양해짐에 따라 국제환경법의 연원이 다양해지고 그에 따라 국제환경법이 만들어지는 과정이 풍부해졌다. 다양한 행위자들이 다양한 입법 과정을 통해 국제환경법을 만들고 있는 것이다. 이와 같이 국제환경법 분야에서 행위자 및 입법의 역동성은 일반적으로 국제법의 발전에 기여한다. 이러한 국제환경법은 국제협력을 위한 새로운 구조로서 미래의 변화하는 국제법 체계를 전망해 보는 데 유용하다. 이 논문에서는 다음과 같은 점을 중심으로 국제법의 구조 변화에 국제환경법의 역할을 살펴본다. 첫째, 국제법 과정에서 국가 이외의 비국가행위자의 지위와 역할이 점차 더 높아지고 있다. 둘째, 국제법의 연원이 조약과 국제관습법을 넘어서 다양해지고 있다. 특히 국제환경법은 대부분 소프트로에 의해 비공식적으로(전형적인 국제입법 형식이 아닌) 만들어진다. 셋째, 국제의무의 기초가 변화되고 있다. 넷째, 국제의무 위반에 대하여 제재보다는 국제의무의 실효적인 이행 및 준수에 더 중심을 두고 있다. The structure of modern international law is changing. The contemporary framework of international law, often referred to as the “Westphalian system,” is no longer sufficient when centered solely around the role of nation-states. The state is no longer revered as the sole “heroes” in the narrative of international law. One of the most notable aspects of the evolving state-centric structure of international law is the emergence of various non-state actors, including individuals, on the global legal stage. That is, various actors other than the state are acting as players on the international legal stage. From a traditional perspective, the subject of international law is expanding. Another noteworthy change in the structure of international law is that the sources of international law today are expanding beyond Article 38 of the Statute of the ICJ. This structural change is most evident in the field of international environmental law. The dynamism of actors and legislation in the field of international environmental law contributes to the development of general international law. In this paper, I examine the role of international environmental law in the changing structure of international law, focusing on the following points. First, the status and role of non-state actors other than the state in the international legal process are gradually increasing. Second, the source of international law is becoming more diverse beyond treaties and international customary law. In particular, international environmental law is mostly made informally by soft law. Third, the basis of international obligations is changing. Fourth, For violations of international obligations, more emphasis is placed on effective implementation and compliance rather than sanctions.

국제환경법상 오염자부담원칙의 우리나라 환경법에의 수용

박병도 ( Byung Do Park ) 한국환경법학회 2012 環境法 硏究 Vol.34 No.1

Incorporation of Polluter-Pays Principle in International Environmental Law into Korean Environmental Law Park, Byung Do The contemporary idea of the polluter pays principle(PPP) was development by the OECD in preparation for the Stockholm Conference in the same year. The definition by the OECD enlightens not only the fundamentally economic nature of the principle but also emphasizes the adoption of free market private incentives in opposition to governmental subsidies for the protection of the environment. This principle is based on the idea of ubi emolumentum, ibi onus(the one who takes the advantages of action shall bear the disadvantages related to it). PPP also serve to make the polluter liable for costs that could not have been avoided through preventive measures. PPP is an internationally recognized environmental policy principle. However, to implement the principle is not without problems. This paper is taking account of the polluter-pays principle as a general principle of international environmental law. Now there are many international environmental conventions(multilateral environmental treaties). Contracting Parties shall apply the polluter-pays principle, by virtue of which the costs of pollution prevention, control and reduction measures are to be borne by the polluter. In this paper, I analyze firstly one of the general principles of international environmental law, the concept of polluter pays principle related to pollution, specifically information and its legal effects, etc. And this article focus on this proactive pollution pays principle can be applied directly in this country that has a direct effect or whether to also analyze the report, based on this principle of international environmental law on the burden of pollution of the environment-related legislation currently in Korea Environmental Laws what exactly is being implemented that reflect the acceptance or will be discussed. In this paper, effective implementation of international environmental law in terms of domestic application and respect of international law principles of legal theory and pollution burden of domestic environmental laws is to analyze the status of acceptance. The purpose of this paper is the foundation of international environmental law norms that make up the environmental management polluter pays principle applies to domestic issues and the principles of environment-related legislation in the country, reflected in any content, or to seek opportunities that are housed.