ENVIRONMENTAL AND ENERGY LAW: INTERNATIONAL AND EU PERSPECTIVES

ENVIRONMENTAL AND ENERGY LAW: INTERNATIONAL AND EU PERSPECTIVES

Manfredi Marciante, Jorge Enrique Vinuales

Instructional goals

The course aims at providing the students with a structured knowledge of selected aspects of international and EU environmental and energy law. Given the breadth of the subject matter, the emphasis will be placed on understanding the broad architecture of the subject and surveying its main areas. Finally, students will be expected to deliver in-class presentations on the topics discussed, as part of the learning process.

Intended learning outcomes

Knowledge and understanding: The course will familiarize students with what is the main tool an aspiring environmental/energy lawyer must have, namely a solid understanding of the entire architecture of the field. This understanding is necessary not only to frame and analyze specific problems but also to compare laws and policies across treaties and jurisdictions, as well as to design new ones which are better adapted to tackle a problem. Applying knowledge and understanding: The students will be able to: • frame the legal dimensions of environmental/energy problems from an international and EU law perspective (legal practice-relevant) • examine such problems both sectorial (e.g. in the light of the applicable waste regulations) and in an integrated manner (identifying cross-cutting dimensions which are seldom overlooked) (legal practice/policy-relevant) • understand which approaches are working better than others and why (policy-relevant) Making judgements: Students are required to exercise judgement on: • what are the most directly applicable rules for a given problem, • what other rules (even if apparently unconnected) are concerned, • what are the different possible legal framings of a problem, • what are the implications of these different framings • why are some approaches working better than others Communications Skills: This course will equip students with the ‘language’ used by international and EU lawyers to frame and analyze environmental/energy problems and debate about possible policy changes. The panel system will, in addition, encourage students to mobilize knowledge on short notice and in a concise and to-the-point manner akin to real-life practice. Learning skills: This course seeks to develop students’ ability to absorb significant amounts of unfamiliar material and distill the few core points. This ability is not only useful but indispensable in the broad field of environmental/energy studies, including environmental/energy law, but it is also increasingly important as a transferable skill, given the fact that today’s students are bombarded with daunting amounts of information through which they have to find their way.

Course Contents

The course covers selected aspects from the three main components of both international and EU environmental and energy law, namely: (I) Foundations; (II) Substantive Regulation; (III) Implementation. Particular attention is paid to current developments.

Reference Books

P.-M. Dupuy and J. E. Vinuales, International Environmental Law (Cambridge University Press, 2nd edn 2018) [hereafter referred to as D/V] (available in the online LUISS library). J. E. Viñuales, The International Law of Energy (Cambridge University Press, 2022) [hereafter referred to as Vinuales - Energy] (available in the online LUISS library).

Teaching Methods

Broad (structural) lectures, followed by more participative lectures discussing issues in more detail by reference to case-studies and problems. Students’ participation during lectures is strongly encouraged, and it will be organized and assessed through a system of presentations (with a handful students allocated to each panel) to familiarize students with the level of granularity of the science and policy discussions in this area.

Assessment Method

The course will be assessed through two components. 1. Mandatory group presentations (20%), in which students will be assigned to groups and will work collaboratively on a presentation focusing on a specific topic and related case studies connected to the subject matter covered in the previous class. 2. An oral exam covering the course material (80%).

Thesis assignment criteria

Assignment to be decided upon satisfactory results in the exam and good knowledge of the basic principles of international and environmental law.

Week 1

Foundations 1: Historical Development: This lecture will introduce the historical development of international and EU environmental and energy law. Readings: D/V, chapter 1; Vinuales – Energy, introduction and chapter 1.

Week 2

Foundations 2: Principles: This session will begin the examination of the main principles and concepts of international and EU environmental and energy law. Readings: D/V, chapter 3; Vinuales - Energy, chapter 1.

Week 3

Foundations 3: Principles: This session will continue the examination of the main principles and concepts of international and EU environmental and energy law. Readings: D/V, chapter 3; Vinuales - Energy, chapter 1.

Week 4

Substantive regulation 1: The marine environment: This session will introduce the main instruments relating to the protection of the marine environment in international law. Readings: D/V, chapter 4 (pages 107-127).

Week 5

Substantive regulation 2: Climate Change: This session will introduce some foundational concepts relating to the issue concerning the protection of the atmosphere, with particular emphasis on the framework concerning climate change. D/V, chapter 4 (pages 171-187).

Week 6

Substantive regulation 3: The Energy Charter Treaty This session will explore the current relevance of the Energy Charter Treaty (ECT). Vinuales - Energy, chapter 2. Briercliffe and Latasz, ‘Yesterday, today and tomorrow? The ECT and its modernization’ (2025) ICSID Review, forthcoming.

Week 7

Substantive regulation 4: Energy from offshore deposits and watercourses: This session will discuss the main principles of international law concerning the regulation offshore energy deposits (including joint development agreements) and of hydroelectricity. Readings: Vinuales - Energy, chapters 1 (Entitlements), 4 (Joint development agreements) and 5 (Hydroelectricity)

Week 8

Substantive regulation 5: The general regulation of international energy transactions: This session will discuss the rules and processes governing the organisation of international and EU-wide energy transactions, by reference to rules on entitlements, investment, trade and transit. Readings: Vinuales - Energy, chapters 1 and 2 (international energy transactions).

Week 9

Substantive regulation 6: Regulation of negative externalities: this session will examine how international and EU environmental law govern the negative externalities of international energy transactions. Readings: Vinuales - Energy, chapter 3.

Week 10

Substantive regulation 7: Climate Change and Energy: This session will discuss the interconnections between climate change and energy regulation, by focusing on its international and EU environmental law aspects. Readings: D/V, chapter 5 (pages 171-197).

Week 11

Substantive regulation 8: Climate Change and Energy: This session will look more specifically at the energy transition from the perspective of international and EU law. Readings: Vinuales - Energy, chapter 8.

Week 12

Implementation: International adjudication, responsibility, liability and compliance: This session will introduce the main rules governing international adjudication of environmental and energy disputes, State responsibility for breach of environmental norms, and civil liability for oil pollution damage and nuclear accidents. Readings: D/V, chapters 8 and 9; Vinuales - Energy, chapter 3 (Reparation)