Date of Award

5-2017

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

The purpose of this dissertation is to create legal and regulatory systems for Carbon Capture and Sequestration (CCS), based on demonstrating rationales of this technology. This dissertation analyzes whether or not existing international and domestic (including the United States, Australia, China, and South Korea) laws could cover potential legal issues. After exploring desirable directions for addressing key legal issues regarding CCS, this dissertation ultimately aims to set up a legal and regulatory framework for CCS in South Korea.

Specifically, permits, environmental impact assessments, liability, and property rights issues are of common importance, which are priority areas to establish well. In resolving each of these issues, the precautionary principle and the polluter pays principle should be realized. Furthermore, a flexible approach to these principles’ interpretation and application is also needed in order for the implementation of CCS to be carried out safely and smoothly through all the processes. The government plays a crucial role in many aspects, such as through regulatory surveillance, as well as facilitating CCS implementation and sharing liability associated with CCS.

From an international dimension, the incorporation of CCS into Clean Development Mechanism (CDM) would be efficient system, but clear standards for it are insufficient. Additionally, it is also important to establish international systems for CCS in order to cope with potential various scenarios associated with transboundary CCS projects and transboundary liability issues.

Available for download on Thursday, May 23, 2019

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