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LUISS Guido Carli

International and eu environmental law

Programma

ProfessorFabrizio Marrella
Course codeM119
General Discipline (SSD)IUS/14
Course Year5
SemesterII Semestre
Course0
Teaching LanguageEnglish
Credits6
Total Workload146
Total Lesson Hours36
Course ContentsThe course on International and EU Environmental Law is aimed to introducing its fundamental principles, law-making processes, main actors, implementation and compliance procedures, and negotiations of Multilateral Environmental Agreements (MEAs) based on the current legal challenges in international environmental law. Particular emphasis will be placed on the connections between IEL and International Economic Law as well as with some current aspects of International Business Law and Arbitration.
Reference BooksP. Sands, J. Peel, Principles of International Environmental Law, 2nd ed., Cambridge University
Press, 2012, pp. 1-301; 342-465; 514-575; 601-886.
(indicated in the reference reading as "Sands textbook")
As an alternative textbook, students may study Pierre-Marie Dupuy, Jorge Vinuales, International Environmental Law, Cambridge, CUP, 2015, indicated in the reference reading as "Dupuy Textbook".
Course Formative Objectives- Identify the sources, principles, concepts and Law-making procedures framing international environmental law;
- Differentiate the role of main actors involved in the development of international environmental law who can negotiate and conclude agreements and formulate policy instruments;
- Identify the techniques and procedures to further improve compliance and enforcement of international environmental obligations at national and EU level;
- Describe and explain the international environmental law negotiation process as well as examine and interpret the content of MEAs.
PrerequisitesBasic knowledge of International Law and EU Law.
Teaching MethodLectures
Case studies
Presentation of materials and cases by students
Assessment MethodThe grade in this course will be based upon oral presentation of a short paper (30%, including class participation), and a final written examination (70%).
Criteria For Deciding On Subject Of Final PaperThe instructor may assign a dissertation work to those students having actively attended his lectures; who have obtained a high grade in this course and know at least two foreign languages.
Extended Program And Reference Reading Material
Week 1Introduction to IEL – History, Sources, Tools and Techniques. (Sands Textbook chapter 1 e 2)
Actors and factors in Environmental Treaty-Making (Sands Textbook chapter 3)

International Law making and regulation (Sands Textbook chapter 4).

For those using Dupuy Textbook see chapters 1-2
Week 2Compliance with IEL: implementation, enforcement, dispute settlement (I) (Sands Textbook chapter 5)

Compliance with IEL: implementation, enforcement, dispute settlement (II) (Sands Textbook chapter 5)

Principles and Standards of IEL: Sustainable Development; the Precautionary Principle; Polluter pays Principle; Common but Differentiated Responsibilities (Sands Textbook chapter 6).

For those using Dupuy Textbook see chapter 3.
Week 3EU Environmental and Energy Law.

Atmosphere: Air Pollution, Ozone Depletion and Climate Change (I) (Sands Textbook chapter 7).

For those using Dupuy Textbook see chapter 5.
Week 4Atmosphere: Air Pollution, Ozone Depletion and Climate Change (II) (Sands Textbook chapter 7)
Oceans, Seas and the Marine Environment (I) (Sands Textbook chapter 9)
Oceans, Seas and the Marine Environment (II) (Sands Textbook chapter 9).

For those using Dupuy Textbook see chapters 5 and 4.
Week 5Oceans, Seas and the Marine Environment (III) (Sands Textbook chapter 9)
Biological diversity (Sands Textbook ch.9, pp.449-465)
Hazardous substances and activities (Sands Textbook chapter 11.

For those using Dupuy Textbook see chapter 4-6-7.
Week 6Waste (Textbook chapter 12)
Environmental Impact Assessment (Textbook chapter 14)
Environmental information (Textbook chapter 15).

For those using Dupuy Textbook see chapter 7.
Week 7Financial resources, technology transfer and intellectual property (Textbook chapter 16)
Liability for environmental damage (I) (Textbook chapter 17)
Liability for environmental damage (II) (Textbook chapter 17).

For those using Dupuy Textbook see chapter 9.
Week 8Current issues of EU Environmental Law
Linking of International Environmental Law and other areas of International law: Human Rights (Sands Textbook chapter 18)

Linking of International Environmental Law and other areas of International law: Armed Conflict (Sands Textbook chapter 18)

For those using Dupuy Textbook see chapter 10-11.
Week 9Linking of International Environmental Law and other areas of International law: International Trade (I) (Textbook chapter 19)

Linking of International Environmental Law and other areas of International law: International Trade (II) (Textbook chapter 19)

Linking of International Environmental Law and other areas of International law: Foreign investment and arbitration (I) (Textbook chapter 19)
Week 10Linking of International Environmental Law and other areas of International law: Foreign investment and arbitration. (Sands Textbook chapter 19)

For those using Dupuy Textbook see chapter 12.
Week 11Oral presentations by students and class discussion
Week 12Review session.