ENVIRONMENTAL AND ENERGY LAW: INTERNATIONAL AND EU PERSPECTIVES
ENVIRONMENTAL AND ENERGY LAW: INTERNATIONAL AND EU PERSPECTIVES
Manfredi Marciante, Jorge Enrique Vinuales
Obiettivi formativi
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.
Risultati di apprendimento attesi
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.
Contenuti Del Corso
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.
Testi Di Riferimento
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).
Metodologie Didattiche
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.
Modalità di verifica dell'apprendimento
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%).
Criteri per l’assegnazione dell’elaborato finale
Assignment to be decided upon satisfactory results in the exam and good knowledge of the basic principles of international and environmental law.
Settimana 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.
Settimana 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.
Settimana 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.
Settimana 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).
Settimana 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).
Settimana 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.
Settimana 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)
Settimana 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).
Settimana 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.
Settimana 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).
Settimana 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.
Settimana 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)