해양생물자원 관리규범으로서의 예방원칙에 관한 연구 = Precautionary Principle as a Management Norm for Marine Living Resources

다국어 초록 (Multilingual Abstract)

  The precautionary principle is used together with the precautionary approach or the precautionary measures, and it is expected that the precautionary principle will be an important management norm, together with MSY for the marine living resources in the future. At present, the legal status of the precautionary principle is set out in many international instruments, but it cannot be seen that the precautionary principle is established as a customary international law for the conservation and management of marine living resources.<BR>  After establishment as a principle of international environmental law in the end of 1980s, the precautionary principle is expanded it"s application area to the conservation and management field for the marine living resources. The 1982 Law of the Sea Convention(UNCLOS) failed to apply the precautionary principle directly to conservation, management and exploitation of marine living resources in order to protect them and preserve the aquatic environment. But the core norm of the 1995 UN Fish Stocks Agreement for the conservation and management of straddling fish stocks and highly migratory fish stocks is the precautionary principle.<BR>  And the 2000 WCPFC is the first regional convention which succeeded to the doctrine of the 1995 UN Fish Stocks Agreement. The concept of precautionary principle which is set out in the 1992 Rio Declaration on the Environment and Development is 「Where there are threats of serious or irreversible damage, scientific uncertainty shall not be used as a reason for postponing or omission to take preventive measures against environmental degradation」.

목차 (Table of Contents)

• Abstract
  Ⅰ. 머리말
  Ⅱ. 예방원칙의 개념
  Ⅲ. 예방원칙의 국제법적 성격
  Ⅳ. 해양법의 발전과 예방원칙
  Ⅴ. 해양생물자원의 관리에 대한 예방원칙의 적용사례
  Ⅵ. 「1995년 이행협정」 성립 이후의 발전
  Ⅶ. 결론
  참고문헌
  

참고문헌 (Reference)

1 "중서부태평양 고도회유성어족자원 보존관리협약에 관한 연구" 16 (16): 2004

2 "일본의 해양법정책" 도서출판 두남 2005

3 "現代國際海洋法" 도서출판두남 2005

4 "國際環境法論" 법문사 1995

5 "http://www.un.org/Depts/los/convention_agreements/convention_overview_fish_stocks.htm"

6 "http://www.iattc.org/HomeENG.htm"

7 "hattp://www.oceanlaw.net/texts/seafo.htm"

8 "hattp://www.oceanlaw.net/texts/seafo.htm"

9 "hattp://www.oceanlaw.net/texts/galapagos.htm"

10 "The Straddling Stocks Agreement and the Precautionary Principle as Interpretive Device and Rule of Law" 32 : 2001

11 "The Status of the Precautionary Principle in International Law" Interpreting the Precautionary Principle 1994

12 "The Driftnetting Problem in the Pacific Ocean" 1990

13 "Scientific uncertainty and the International Whaling Commission an alternative perspective on the use of science in policy making" 28 (28): 2004

14 "Rethinking the principle of abstention; the North Pacific and beyond" 28 : 2004

15 "International Fisheries Management" Kluwer Law International 2001

16 "Four Principles in Marine Environment Protection: A Comparative Analysis" 29 (29): 1998

17 "Experimental catches and the precautionary approach the Southern Bluefin Tuna dispute" 26 : 2002

18 "Evolution and Status of the Precautionary Principle in International Law" Kluwer Law International 303-347, 2002

19 "Conservation and Management of Transboundary Fish Stocks: Comments in Light of the Adoption of the 1995 Agreement for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks" 28 : 1997