The course explores and analyses the foundations and the main principles and rules of Environmental Law in an international, European, and comparative law perspective. In the second part, selected topics will be addressed in the three perspectives (International, European and comparative).
Expected learning outcomes
By the end of this course, students will: - have knowledge and understanding of the policy options, regulatory techniques, and implementation challenges of the environmental law, in its international, European, and comparative dimensions; - have advanced knowledge and understanding of the legal principles, approaches, and techniques of environmental law and adequate knowledge and understanding of international and European rules relating to selected areas of environmental law - understand the interplay between the different levels of environmental regulation (international, European, domestic), as well as how "legal transplants" shape the making and implementation of environmental law - be able to identify and analyse legal issues of environmental law in a multi-level system, conduct basic research of the relevant materials, report on selected issues and cases, and apply their knowledge to other cases raising similar legal issues - structure an adequate argument on practical cases, including: identify and synthesise the relevant facts, identify and analyse the applicable legal framework in a multilevel system, make a reasonable and coherent argument on the application of the rules to the facts of the case, and draw consequential conclusions. - express advanced concepts of environmental law in a multi-level and comparative perspective law in a coherent and adequate fashion, using proper legal terminology - acquire a method of independent research and study of international, European and comparative environmental law, including by learning how to search and use primary sources, case-law, and scholarship.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
1. Introduction to environmental law in a complex legal landscape 1.1. The relationship between international, European, and domestic Environmental Law 1.2. The techniques, approaches and added value of the comparative law method in environmental law 2. International environmental law 2.1. History 2.2. Actors 2.3. Law-making processes 2.4. The problem of compliance 3. European environmental law 3.1. History and legal basis 3.2. Principles, policies and instruments 3.3. Implementation in Member states 4. Comparative 4.1. Different approaches to environmental law within and outside of Europe 4.2. Legal transplants 5. Selected issues/topics in an integrated international, European, and comparative perspective.
Prerequisites for admission
Students of the LM in Sustainable Development must have passed all the exams of the first year in order to attend the course. For other students, there are no formal prerequisites to take the course. However, it is strongly recommended that students taking this exam have previous basic instruction in both Public International Law and EU law.
Course attendance is mandatory, meaning that students will be required to attend at least 70% of classes. During the course, traditional lectures will be alternated with class discussion, case-law analysis, and workshops. Students are expected to read the material in advance of the class in order to actively participate in discussions.
The following textbook will provide students with the basic elements of knowledge for the Course: - P.M. Dupuy and J. Viñuales, International Environmental Law, 2nd edn, Cambridge University Press, 2017, Chapters 1,2,3,8, and 9. - Ludwig Kramer, EU Environmental Law, Sweet & Maxwell, 2016 (Objectives, Principles and Conditions; Actors, Instruments, Decision-making Procedures; Union Powers and Member State Powers; Horizontal Measures; Legal Aspects of Integrating Environmental Requirements; Implementation; EC Environmental Law and Policy) Further mandatory and suggested readings will be given during the course and be available on the ARIEL page of the Course
Assessment methods and Criteria
The final mark/grade will be expressed in **/30. Students will be assessed upon: a) active participation in the course and to the activities that form an integral part of it, including the writing and presentation of a short essay (3.000 words) on an assigned topic or case (*/20); b) the mark obtained in the written exams composed of multiple-choice questions and one open question, to be chosen in a roaster of three (*/10).