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기후변화 방지를 위한 배출권거래제도

Title
기후변화 방지를 위한 배출권거래제도
Other Titles
The Emission Trading System to Control Climate Change
Author
장철원
Alternative Author(s)
Jang, Cheol-Won
Advisor(s)
김홍균
Issue Date
2008-02
Publisher
한양대학교
Degree
Master
Abstract
지구온난화에 대한 국제적인 대응으로 기후변화협약과 교토의정서가 채택되어 발효됨에 따라 온실가스 감축을 위한 경제적 유인수단으로서 배출권거래제도가 주목받고 있다. 본 논문에서는 기후변화협약과 교토의정서 및 그 세부규칙으로서의 마라케시 합의의 주요내용과 유럽, 독일 및 미국 등에서 배출권거래제도를 비교법적으로 검토하고, 우리나라에서의 배출권거래제도 도입필요성과 도입시 구체적 설계방안을 제시한다.; The climate change, as a result from global warming, would be one of the most important and urgent problems for present human beings. These causes of climate change have been proved greenhouse gas such as carbon dioxide (CO2), which is produced from use of fossil fuel such as coal and oil at home or enterprises. Therefore, it is important to actively reduce greenhouse gas emissions for restraint climate change. There are various efforts attaining internationally and nationally for greenhouse gas reduction. Internationally, we proclaimed common efforts of mankind against climate change with conclusion of United Nations Framework Convention on Climate Change (UNFCCC) in 1992. In 1997, with adoption of Kyoto Protocol, it imposed coercive obligation and introduced economic means, which is called Kyoto Mechanism such as Emission Trading System, Joint Implementation and Clean Development Mechanism. Nationally, several countries apply an energy policy such as development and diffusion of new and renewable energy, and an economic incentives such as Emission Trading System of greenhouse gas. In Korea, CO2 emissions correspond to 10thrank in the world, and the increasing rate of CO2 emissions is annual average 6.0% in 1990~1998 year. This is very high percentage compare to average of OECD countries, 1.1%. Under these circumstances, Korea is expected to hard to avoid the obligation of greenhouse gas reduction in the second period of Kyoto Protocol, because Korea is not yet charged the obligation of greenhouse gas emissions reduction under the Kyoto Protocol. Therefore, Korea must prepare for implementation of Kyoto Protocol, and it can be examined to introduce the Emission Trading System as an economic means for implementation. As a countermeasure to prevent the climate change, countries can use direct regulatory measure of Command and Control method, and also use indirect regulatory measure through the Economic Incentives at the same time. The means of state policy for environmental preservation is mainly performed by direct measure of Command and Control. However, direct measure is criticized as uneconomical because it does not consider the situation of individual enterprise and national economic interest. Because of this problem of direct regulatory measure, it is enlarged the necessity to use the Economic Incentives measure which can plan environmental preservation and improvement through the mechanism of market price. The Economic Incentives imposes suitable economic expenses for conduct that aggravates environment, and on the contrary, it gives benefits for conduct that preserves environment. Therefore, within the Economic Incentives, it can plan to preserve environment through the profit seeking individual’s free activity. This thesis examines international and domestic law focused on Emission Trading System, as a typical Economic Incentives measure, which is used for implementation of obligation for Kyoto Protocol, and indicates the direction of instruction to Emission Trading System of Korea where is not yet charged the obligation of greenhouse gas emissions reduction under the Kyoto Protocol. In chapter 2, this thesis examines a meaning of climate change, present actual conditions and view and the countermeasures as a general consideration of climate change based on Intergovernmental Panel on Climate Change(IPCC) report in 2007, and explains general matters of climate change in Korea. Chapter 3 examines and evaluates UNFCCC as a big frame of an international countermeasure for climate change, Kyoto Protocol and Marrakesh Accords which is mutual agreements of countries concerned for various details for enforcement of Kyoto Protocol. Chapter 4 examines Emission Trading System as a plan to implement duties on UNFCCC and Kyoto Protocol. It examines Emission Trading System of EU which has been enforced by EU Directive from January 2005 and the domestic Emission Trading System of Germany based on GETA and NAPA. Even if it is not countermeasures for climate change, Sulfur Program and RECLAIM, which have been utilized effectively as a typical Emission Trading System, are examined and Emission Trading System of Special Law on the Environmental Improvement of Atmosphere of the Metropolitan Area in Korea is also reviewed. Finally, this thesis proposes an introduction of scope of sectors and gases, basic approach to the use of marketable permits and the method of allocation of allowances when Emission Trading System is introduced as a countermeasure for climate change in Korea. It is desirable for the scope of gases of the Emission Trading to include all six kinds of greenhouse gas provided in Kyoto Protocol to increase the scale of market. But, it is considerable to extend the gases only after CO2 is taken account as a sole element to prevent Emission Trading from a confusion in the early stage of enforcement and clarify the scope as a case of EU. The allowance establishment system should apply both of Cap and Trade and Baseline/Credit, or start Baseline/Credit during setting an example period and then convert to Cap and Trade in the long term. Auction is desirable than grandfathering as an allocation method and the application of banking which has less side effects than the borrowing would be acceptable. The legislation of the Emission Trading is desirable to be enacted as a separate statute as the case of Germany and this Emission Trading can be enforced successfully on condition that the compliance should be ensured through observation and supervision on emission amounts and sanctions against excessive emissions.
URI
https://repository.hanyang.ac.kr/handle/20.500.11754/148034http://hanyang.dcollection.net/common/orgView/200000408352
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GRADUATE SCHOOL[S](대학원) > LAW(법학과) > Theses (Master)
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