Global Environmental Law
Full course description
The core aim of environmental law is to protect the environment and to find solutions for restoring environmental damage caused by human activities. In 1972, the first United Nations meeting addressing the need to protect the environment was held. This event marked the acknowledgment by the international community of the need to take action to protect the environment. While since then many multilateral environmental treaties were adopted, and some successes can be identified, the global environment is unfortunately under immense pressure, with climate change and the loss of biodiversity as key examples. Law has an important role to play to prevent further deterioration, and to try to ensure a better living environment.
This course focuses on key international environmental law developments, identifies shortcomings but also potential successful pathways. It addresses the interaction among the international, EU, and domestic environmental laws. Given this holistic perspective, the course is titled “Global environmental law”. The course is part of the master track “Law for a Sustainable Europe” and is offered in period 2. In period 4, the course “European Environmental Law” will offer a further deepening of how in EU law a high level of environmental protection is advanced by means of legislation, procedural rights, and litigation.
Teaching methods
A mix of tutorials (problem-based learning), knowledge clips and lectures with discussion opportunities. Also, a series of student debates on topical developments will be organized. Please note that further announcements regarding the lectures and tutorials will be made through Canvas.
Assessment methods
The assessment is composed of:
1) an individual reflection paper based on a student debate (30% of the final grade) and
2) and essay exam (70% of the final grade).
Course objectives
The main objectives of this course are that the student:
- acquires knowledge of the main characteristics, concepts and trends of international and global environmental law, and is able to identify the (need for) interaction among the international, regional and domestic environmental laws in order to realize the aims of international environmental treaties;
- is able to analyse how environmental treaties aim to govern towards a better protection of the environment, is able to identify core procedural and substantive obligations, and is able to reflect on how relevant they are for environmental protection;
- has acquired specific knowledge of the development of environmental rights, of how civil society is enabled to use such rights to protect the environment and human health, including the role of the courts to enforce such rights, and is able to reflect on opportunities and limits;
- is able to explain how international law regimes aim to protect the climate system and biodiversity, is able to identify the role national law plays or should play in order to make the international law regimes effective, and is able to reflect on implementation challenges and the role of the courts;
- is able to develop a critical analysis of specific environmental law developments, and use those arguments in debates in order to identify strengths and weaknesses of existing and new concepts in environmental law.
Prerequisites
Bachelor-level based knowledge of international (and European) law is strongly recommended.
Recommended reading
Birnie, Boyle and Redgwell’s International Law and the environment, 4th edition, 2021: several chapters of this book will be used. Students can read the copies in the library and copy part of it, or can decide to buy the book.
Furthermore, various online materials such as articles, book chapters, and blogs will be part of obligatory and recommended reading. Links to these online sources will be provided.