Response to Climate Crisis and the Role of Public Law

Abstract

The state and local governments are implementing emissions trading systems and carbon neutral policies to reduce greenhouse gases. Nevertheless, the Earth is facing a climate crisis due to the increase in greenhouse gases generated from energy generation, steel and chemical industries, energy in the home and transportation, industrial processes such as cement, agriculture, and waste. The number of cases of youth and future generations filing climate lawsuits in the Constitutional Court and courts regarding the climate crisis is increasing, and the issue of guaranteeing basic climate rights under the Constitution is becoming a social issue. Therefore, a public legal response is urgently needed so that the state and local governments can protect the lives, bodies, and property of citizens in order to respond to the climate crisis and achieve sustainable development, and guarantee the right of current and future generations to live in a pleasant environment. In this paper, after examining the concept of climate crisis and Korea's climate crisis response legislation, we review legislative precedents and precedents in the United States, United Kingdom, Germany, and France to find implications for Korea. In addition, the provisions on climate crisis response are stipulated in the Constitution, guaranteeing basic climate rights to protect against damage caused by climate change, the role of the Climate Crisis Response Act, climate crisis response and cooperation through cooperative climate governance, and the freedom of the current generation to respond to the climate crisis. We review the role of public law by discussing emergency declarations and public law issues in response to the crisis of climate change, guaranteeing future generations' temporal climate crisis protection rights, and protecting future generations. For climate protection and response to the climate crisis, the Constitution should specify climate change reduction goals, basic climate rights, and cooperative measures to respond to the climate crisis, and legislatively consider the “urgent need” of the climate crisis beyond the concept of climate protection. In addition, in order to ensure equity and fairness due to infringement of basic rights related to the climate crisis, basic climate rights should be guaranteed under the constitution as well as legislative, scientific, and judicial responsibilities. In addition, the Climate Crisis Response Act should be enacted on necessary measures to make the climate crisis effective by public law. The Climate Crisis Response Act shall be guided and complementary in relation to the Building Act, the National Territory Planning Act, the Economic Act, the Disaster Safety Act, etc., and shall prescribe clear legal responsibility and due process for the climate crisis. In addition, climate crisis response requires cooperation by establishing climate governance between the state and local governments, between local governments, and between countries, so climate change reduction technologies and climate crisis response strategies should be shared, and legal countermeasures should be prepared in cooperation with each other. In addition, in order to reasonably allocate the cost burden of the climate crisis, the right to protect the temporal climate crisis should be clearly established legally and systematically to lead a life in a comfortable environment in accordance with the principle of equity and proportionality for current and future generations. The state or local government's climate emergency declaration and emergency plans on climate change crises and risks, administrative measures under executive orders, scientific predictions of climate crises and improve the vulnerability of disasters, and the role and legal responsibility of responding to climate crises should be considered in public law.