Formation/Cours

The topic of International Law and the Environmental Law looks at a number of specific institutional and material aspects of the way international law contributes to the protection of the global, regional and national environment and fosters sustainable development. The focus of the course will be on :

• Multilateral treaties and regimes (global and regional/EU).


• Global and regional principles of environmental law.


• Case law and dispute settlement mechanisms.


• Relationship between developed and developing countries.


• Market-based instruments

Strong focus will be on the climate change regime and related topics as to understand the dynamics and development of international relations and the treaty making process.

At the end of the course, the student should be able to have a the basic knowledge and understanding of the structure, actors and strength of International Law and Environmental Protection, so as to better appreciate its influence and importance in the field of international relations and in the ordinary lives of everyone.

The course is divided into two closely interrelated parts. The first part builds upon the lectures and concentrates upon the development of the institutional and legal dimension of IEL. Subjects which receive attention include:

• Introduction to International Law and the Environment


• The Rio Conventions


• Current and future climate change regime


• Transboundary Pollution


• WTO and the Environment


• European Environmental Law


• Human Rights and the Environment


• Non-compliance procedures and mechanisms in MEA

The second part of the course consists of the examination and it is based on an individual paper assignment and a written test in which all the course materials may be examined.

Each lecture is mainly divided in three parts and structured according to the following:

• Introduction to the topic(s) and highlight the most important points to concentrate upon in your reading and preparation for the next session


• Presentation of the topic(s)


• Discussion of the topics, where possible in relation to recent events, based on the required reading. This requires a good level of preparation and participation from every student. The lectures aim at illustrating the application of the relevant legal framework to practical situations to enhance the students’ ability to identify legal issues (issue-spotting) and construct legal reasoning while applying legal sources.

The second part of the Course only consists of the individual paper and subsequently the written exam itself that marks the end of the course

CONTENTS:

Introduction to International Law and the Environment

• Historical background


• Actors


• Sources

Treaty and non-treaty norms

• Customary Law


• Principles of IEL


• Multilateral Environmental Agreements (MEA)

The Rio Conventions

• Biodiversity


• Desertification


• Climate Change regime


• Negotiating a MEA (post-2012 climate change regime)


• Negotiations and IEL


• Copenhagen and the way forward

Transboundary Pollution

• Marine (UNCLOS)


• Atmosphere (LRTAP)


• Ozone (Vienna Convention and Montreal Protocol)

Hazardous substances and wastes

• Chemicals (POPs and PIC convention)


• Wastes (Basel Convention)


• Probo Koala case


• Nuclear Materials

European environmental law and human rights

• Introduction to EU environmental law


• Fundamental Charter


• European Convention on Human Rights

WTO and the Environment

Non-compliance procedures and mechanisms in MEAs

• Ad-hoc non compliance procedures


• State responsibility and strict liability