International Climate Change and Energy Law

A.Y. 2019/2020
6
Max ECTS
42
Overall hours
SSD
IUS/02 IUS/13
Language
English
Learning objectives
To meet the sustainable development goals and respond to climate change challenges, the world is facing a major energy transition, from fossil fuels to greener sources of energy. The Course analyses the origin, achievements, and challenges of Public International Law responses to Climate Change. Furthermore, it examines selected international matters relating to the exploitation of energy sources, trade and investment in the energy sector, and their implications with regard to the respect of human rights and the protection of the environment. The course examines also the legal implications arising from the participation of the private sector in climate finance and in achieving the transformational shift to a low-carbon economy.
Through the Course, students will acquire an advanced knowledge of the UN Climate Change Regime, of its main institutional features and of its implementation challenges. The Course should provide an understanding of the interlinkages between the international regulation of climate change and energy with other areas of International Law (notably, the protection of human rights, trade, and investments).
Expected learning outcomes
At the end of the course, students will be able to:
- have an understanding of climate change and energy policies and their international legal regulation;
- have an advanced knowledge of the Climate Change Regime (1992 UN Framework Convention on Climate Change (UNFCCC), 1997 Kyoto Protocol to UNFCCC; 2015 Paris Agreement to UNFCCC), its regulatory techniques and its implementation challenges;
- obtain a good knowledge of the main features of the legal instruments regulating carbon markets, climate finance, and sustainable investments;
- understand and evaluate critically legal issues regarding international energy governance, regulation of incentives to renewable energies, trade and investment in energy sources, access to energy, responsibility and liability of States and private actors with regard to energy matters (exploitation, transport, );
- understand the interlinkages among the Climate Change regime, the international energy legal instruments, and the notions of general international law and other sectoral regimes;
- acquire and use written and oral communication skills as regards the issues dealt with in the course and use them to build solid legal arguments using appropriate legal concepts and language.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Lesson period
Second semester
Course syllabus
Analytical Syllabus: The Course will address the following topics:
1. International Climate Change Law
- The Origins and Evolution of the Climate Change Regime (CCR)
- The CCR against the background of General International Law
- CCR and general principles of International Environmental Law
- The Climate Change Regime: institutional framework and Law-making processes
- The 1992 Framework Convention on Climate Change and the 1997 Kyoto Protocol
- The 2015 Paris Agreement
- Carbon Markets, carbon taxes and incentives to renewable energies

2. International Energy Law
- Setting the scene: the strategic importance of energy
- International legal aspects of the exploitation of energy resources
- Energy transit
- Energy trade and investment
- Energy security
- Addressing the harmful impacts of energy activities - accidents

Suggested Readings: The following textbook will provide students with the basic elements of knowledge for the Course:
D. Bodansky, J. Brune'e, and L. Rajamani, International Climate Change Law, Oxford University Press, 2017.
K. Talus, Research Handbook of International Energy Law, Edward Elgar, 2014.
Further mandatory and suggested readings will be given during the course and be available on the ARIEL page of the Course

Assessment methods: Course attendance is mandatory, meaning that students will be required to attend at least 75% of classes. The first part of the course consists of lectures and discussion of reading materials. The second part will be structured around workshops and case-studies, led by the instructor and/or invited experts, and students' presentations.
The detailed programme and all the materials for the course and for the final exam will be delivered at class and will be uploaded on the Ariel page.
The final mark/grade will be expressed in **/30. Students will be assessed upon:
1. a) active participation to the course and to the activities that form an integral part of it, including the writing of a short essay (3.000 words) on an assigned topic and its presentation to the class (*/20);
2. b) the mark obtained in the written exam composed of ten multiple choice questions and one open question, to be chosen in a roaster of three (*/10).

Erasmus Students: the lectures and the Course materials are entirely in English. Participation of Erasmus students is particularly welcome. The Course will take into account the possibility that Erasmus student do not have a previous instruction in Public international law, by refreshing basic concepts when necessary. Students not having a background knowledge of public international law may find useful to read a short textbook, such as: A. Tanzi, A Concise Introduction to International Law, Giappichelli, 2019.
IUS/02 - COMPARATIVE PRIVATE LAW
IUS/13 - INTERNATIONAL LAW
Lessons: 42 hours
Shifts: