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Legal issues regarding the legislation for an emission trading system in Korea

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  • Legal issues regarding the legislation for an emission trading system in Korea
  • Cho, Hong Sik
  • Seoul National University(BK 21 Law)


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Title Legal issues regarding the legislation for an emission trading system in Korea
Similar Titles
Material Type Articles
Author(English)

Cho, Hong Sik

Publisher

[Seoul]:Seoul National University(BK 21 Law)

Date 2009
Journal Title; Vol./Issue Journal of Korean Law:vol. 9(no. 1)
Pages 11
Subject Country South Korea(Asia and Pacific)
Language English
File Type Link
Subject Territorial Development < Environment
Government and Law < Laws and Legislation
Holding Seoul National University

Abstract

This paper will study the potential legislative issues that can be raised in the process of creating an emission trading system. First, the constitutionality of carbon credits can be questioned in relation to the freedom to choose an occupation and property rights. Second, Emission trading might be regarded as a way of granting the right to pollute, which is a violation of environmental rights. Third, the “polluter pays principle” (PPP), stipulated under the Framework Act on Environmental Policy, might be inconsistent with an ETS targeting only the upstream pollution sources. (The rest omitted)