International Economic and Environmental Law
A.Y. 2023/2024
Learning objectives
Economic globalization raises diverse and different challenges for States, including the integration and interdependence among markets, and the design of legal regimes pursuing the goal of economic growth and stability, without overlooking at the same time the protection of societal interests, such as the fight against environmental degradation and climate change or the safeguard of human rights.
Against this background, the course aims at widening the legal competences of students. In the first part, it aims at assessing how the participation in international economic organizations and in treaties on trade, monetary and financial cooperation may influence the States' decision making-process in the economic and social area. The second part focuses on the international environmental law, in view of gauging how its implementation at national level is determined by, and has on impact on domestic economic policies. Specific attention is devoted to the relationship among diverse substantial international regimes and to the legal instruments for settling potential conflicts and overlaps between them. As a result, the course is complementary to other courses in economic and political sciences, enabling students also to develop a critical approach in the analysis of international relations
Against this background, the course aims at widening the legal competences of students. In the first part, it aims at assessing how the participation in international economic organizations and in treaties on trade, monetary and financial cooperation may influence the States' decision making-process in the economic and social area. The second part focuses on the international environmental law, in view of gauging how its implementation at national level is determined by, and has on impact on domestic economic policies. Specific attention is devoted to the relationship among diverse substantial international regimes and to the legal instruments for settling potential conflicts and overlaps between them. As a result, the course is complementary to other courses in economic and political sciences, enabling students also to develop a critical approach in the analysis of international relations
Expected learning outcomes
the end of the course, students will be able to apply the fundamental concepts of public international to the study of international economic relations and to test to what extent the participation in international economic agreements may circumscribe the scope of States' leeway in the regulation of economic and social life within their territories. Through the analysis of the main treaties and the case law of international courts and tribunals, students will be able to: a) identify and apply relevant principles and rules of international law for the analysis of legal case studies concerning international economic relations and the protection of the environment; b) identify and settle potential conflicts and overlaps between different legal regimes.
The course is articulated into three modules (financial cooperation, international investment law, international environmental law). At the end of each of them, students, will be able: to detect legal rules to be applied for the settlement of case studies according to proper interpretation methodologies; to present and argue international legal issues using the proper terminology.
The course is articulated into three modules (financial cooperation, international investment law, international environmental law). At the end of each of them, students, will be able: to detect legal rules to be applied for the settlement of case studies according to proper interpretation methodologies; to present and argue international legal issues using the proper terminology.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
Unit 1:
International economic law and international economic organizations.
The International Monetary Fund and its evolution since 1944. Institutional issues; the code of conduct on and surveillance over domestic exchange rate policies; the IMF financial assistance (legal aspects and pratice); the role of the IMF for the solution of international financial crises and sovereign debt crises.
The economic and monetary union under the Treaty on the European Union. The coordination of economic policies and the Growth and Stability Pact. The role of the EU in the economic and financial crisis of the Euro-zone; the 2021 Recovery and Resilience Facility.
Unit 2:
The evolution in the international legal regime on foreign investments.
International dispute settlement between foreign investors and host States: the 1965 ICISD Convention.
Customary and treaty rules on access and protection of foreign investments: the definition of investments and investors under bilateral investment treaties, standards of protection, the legal regime on expropriation and nationalization of foreign investments, rules on transfers of capital.
The protection of the general interests of the host States under treaty law and in the case law.
Unit 3:
The protection of the environment under public international law: historical evolution, governance, general principles and rules (declaration of Stockholm, Rio de Janeiro and Johannesburg), the multilateral environmental agreements.
The protection of the atmosphere; the prohibition of transboundary pollution, the legal regimes on the protection of the ozone layer and on climate change.
The relationship between MEAs and international trade law under the agreements of the World Trade Organization.
The EU policy on climate and energy.
The right to a healthy environment under international human rights treaties and case law.
International economic law and international economic organizations.
The International Monetary Fund and its evolution since 1944. Institutional issues; the code of conduct on and surveillance over domestic exchange rate policies; the IMF financial assistance (legal aspects and pratice); the role of the IMF for the solution of international financial crises and sovereign debt crises.
The economic and monetary union under the Treaty on the European Union. The coordination of economic policies and the Growth and Stability Pact. The role of the EU in the economic and financial crisis of the Euro-zone; the 2021 Recovery and Resilience Facility.
Unit 2:
The evolution in the international legal regime on foreign investments.
International dispute settlement between foreign investors and host States: the 1965 ICISD Convention.
Customary and treaty rules on access and protection of foreign investments: the definition of investments and investors under bilateral investment treaties, standards of protection, the legal regime on expropriation and nationalization of foreign investments, rules on transfers of capital.
The protection of the general interests of the host States under treaty law and in the case law.
Unit 3:
The protection of the environment under public international law: historical evolution, governance, general principles and rules (declaration of Stockholm, Rio de Janeiro and Johannesburg), the multilateral environmental agreements.
The protection of the atmosphere; the prohibition of transboundary pollution, the legal regimes on the protection of the ozone layer and on climate change.
The relationship between MEAs and international trade law under the agreements of the World Trade Organization.
The EU policy on climate and energy.
The right to a healthy environment under international human rights treaties and case law.
Prerequisites for admission
To take the exam, students must satisfy the prerequisites set by the "Manifesto degli studi" of the Master programme.
Teaching methods
The teaching method is based on frontal lessons. For each topic covered during the course, lessons will focus on: a) the political background; b) the relevant legal regime and the challenges raised by its interpretation, application and enforcement; c) specific case studies and case law. Active participation by students is expected. All teaching materials will be published on the Ariel website of the course (diet.ariel.ctu.unimi.it).
Teaching Resources
ATTENDING STUDENTS:
Units 1 and 2:
M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli, 2019: chapters I, II, IV, VI and VII;
P. MANZINI, La riforma delle regole UE sulla sorveglianza dei bilanci pubblici nazionali, in G. ADINOLFI, M. VELLLANO, La crisi del debito sovrano degli Stati dell'area euro. Profili giuridici, Torino, 2013, p 29 ss. (available on the Ariel website);
A. VITERBO, R. CISOTTA, La crisi del debito sovrano e gli interventi dell'UE: dai primi strumenti finanziari al Fiscal Compact, in Diritto dell'Unione europea 2012, p. 323 ss. (available on the Ariel website).
Further materials on the 2021 EU Recovery and Resilience Facility (unit 1) will be available on the Ariel website of the course.
Unit 3:
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: chapters I, III, V, VI. This part of the exam programme can be modified, depending on the publication of the new edition of the volume. All information will be available on the Ariel website of the course.
Further materials on EU policy on climate and energy (unit 3) will be available on the Ariel website of the course.
NON-ATTENDING STUDENTS:
Units 1 and 2:
M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli , 2019: chapters I, II, IV, VI and VII;
P. MANZINI, La riforma delle regole UE sulla sorveglianza dei bilanci pubblici nazionali, in G. ADINOLFI, M. VELLLANO, La crisi del debito sovrano degli Stati dell'area euro. Profili giuridici, Torino, 2013, p 29 ss. (available on the Ariel website);
A. VITERBO, R. CISOTTA, La crisi del debito sovrano e gli interventi dell'UE: dai primi strumenti finanziari al Fiscal Compact, in Diritto dell'Unione europea 2012, p. 323 ss. (available on the Ariel website).
Further materials on the 2021 EU Recovery and Resilience Facility (unit 1) will be available on the Ariel website of the course.
Unit 3:
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: capitoli I, II, III, V and VI. This part of the exam programme can be modified, depending on the publication of the new edition of the volume. All information will be available on the Ariel website of the course;
D. BODANSKI, The Legal Character of the Paris Agreement, Revue of European, Comparative & International Environmental Law 2016, pp. 142-150 (available on the OPAC of the University of Milan);
S. MALIJEAN-DUBOIS, The Paris Agreement: A New Step in the Gradual Evolution of Differential Treatment in the Climate Regime?, Revue of European, Comparative & International Environmental Law 2016, pp. 151-160 (available on the OPAC of the University of Milan).
Further materials on the EU policy on climate and energy will be available on the Ariel website of the course.
Units 1 and 2:
M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli, 2019: chapters I, II, IV, VI and VII;
P. MANZINI, La riforma delle regole UE sulla sorveglianza dei bilanci pubblici nazionali, in G. ADINOLFI, M. VELLLANO, La crisi del debito sovrano degli Stati dell'area euro. Profili giuridici, Torino, 2013, p 29 ss. (available on the Ariel website);
A. VITERBO, R. CISOTTA, La crisi del debito sovrano e gli interventi dell'UE: dai primi strumenti finanziari al Fiscal Compact, in Diritto dell'Unione europea 2012, p. 323 ss. (available on the Ariel website).
Further materials on the 2021 EU Recovery and Resilience Facility (unit 1) will be available on the Ariel website of the course.
Unit 3:
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: chapters I, III, V, VI. This part of the exam programme can be modified, depending on the publication of the new edition of the volume. All information will be available on the Ariel website of the course.
Further materials on EU policy on climate and energy (unit 3) will be available on the Ariel website of the course.
NON-ATTENDING STUDENTS:
Units 1 and 2:
M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli , 2019: chapters I, II, IV, VI and VII;
P. MANZINI, La riforma delle regole UE sulla sorveglianza dei bilanci pubblici nazionali, in G. ADINOLFI, M. VELLLANO, La crisi del debito sovrano degli Stati dell'area euro. Profili giuridici, Torino, 2013, p 29 ss. (available on the Ariel website);
A. VITERBO, R. CISOTTA, La crisi del debito sovrano e gli interventi dell'UE: dai primi strumenti finanziari al Fiscal Compact, in Diritto dell'Unione europea 2012, p. 323 ss. (available on the Ariel website).
Further materials on the 2021 EU Recovery and Resilience Facility (unit 1) will be available on the Ariel website of the course.
Unit 3:
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: capitoli I, II, III, V and VI. This part of the exam programme can be modified, depending on the publication of the new edition of the volume. All information will be available on the Ariel website of the course;
D. BODANSKI, The Legal Character of the Paris Agreement, Revue of European, Comparative & International Environmental Law 2016, pp. 142-150 (available on the OPAC of the University of Milan);
S. MALIJEAN-DUBOIS, The Paris Agreement: A New Step in the Gradual Evolution of Differential Treatment in the Climate Regime?, Revue of European, Comparative & International Environmental Law 2016, pp. 151-160 (available on the OPAC of the University of Milan).
Further materials on the EU policy on climate and energy will be available on the Ariel website of the course.
Assessment methods and Criteria
The final exam is writtenl. The purpose is to appraise students': a) knowledge and understanding of the topics included in the course's programme; b) capacity of applying international law instruments to critically investigate inter-state relations in the economic and environmental field.
Attending students may take an interim written exam at the end of the first and of the second unit.
In alternative, the exam can be taken on the whole programme after the end of classes
Attending students may take an interim written exam at the end of the first and of the second unit.
In alternative, the exam can be taken on the whole programme after the end of classes
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Educational website(s)
Professor(s)
Reception:
Thursday (4-7 p.m.) by Skype (giovanna.adinolfi).
Department of International, Legal and Historical-Political Studies, 3rd floor, Room 29.