Abstract and Keywords
This chapter examines the overall structure of environmental law in South Korea and its impact on energy policy as the climate change regime. It first provides an overview of the allocation of powers with regards to Korean environmental policy, along with the constitutional right to a healthy and pleasant environment and an obligation resting on both the government and citizens to protect the environment. It then considers the structure and substance of environmental law, with emphasis on its overall principles and relevant environmental statutes as well as medium-specific regulations as they apply to air preservation and climate change, water preservation, soil environment preservation, chemicals management, recycling and waste management, and wildlife and national resources preservation. The discussion concludes with an analysis of the administrative, criminal, and private enforcement of Korean environmental law.
Keywords: sustainability, environmental right, emissions trading, ETS, cap-and-trade, climate change, renewable energy, feed-in-tariff, treble damages, constitutional court, municipal waste, REACH, administrative scheme
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