International, european and comparative environmental law

Struttura insegnamento e programma

Edizione attiva
Moduli o unità didattiche
International, European and Comparative Environmental Law (a)
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 3
Lezioni: 21 ore

International, European and Comparative Environmental Law (b)
IUS/02 - DIRITTO PRIVATO COMPARATO - CFU: 3
Lezioni: 21 ore
Docente: Pozzo Barbara

International, European and Comparative Environmental Law (a)
Programma
This course examines the basic features and the development of international, European and national law, with particular consideration to jurisprudential developments.

Through a comparative approach, the reciprocal influences in addressing environmental challenges across legal orders will be studied. Looking at the broader sustainable development context, consideration will be given to the increasingly interdependent aspects that link environmental matters with economic and social considerations. In this perspective, the course examines the interactions, overlaps and synergies between environmental regulations and international trade and investment regimes, and with financing programs carried out by development banks.

Furthermore, since non-state actors - including non-governmental organizations (NGOs), investors, multinational corporations and local communities - increasingly and actively participate in environmental matters, this trend calls for study, as it entails important legal challenges.

Case studies will be explored to assess how legal rules are applied to specific environmental problems.

The course adopts a critical approach to these very actual and cutting-hedge themes and requires an active participation in class, with a view to develop the students capacity to better understand and address today's challenges involving multiple jurisdictions and actors.

Module 1: International Environmental Law
1. The evolution of International Environmental Law
a) Transboundary and community interests
b) sovereignty over natural resources
2. Sources of International Environmental Law
a) Principles and Custom, Treaty law
b) Judicial Decisions
c) 'Alternative' lawmaking
3. The main characters of International Environmental Law
a) The rules and their implementation
b) Normative instruments: the blurring division of hard law and soft law
c) Responsibility and liability
d) The role of Courts
e) Interactions of International Environmental Law with other fields of International Law
4. Actual global environmental challenges: case studies
Module 2: European and Comparative Environmental Law
1. Legal transplants across regimes in the environmental context
e) Liability for environmental harm in the US, China, EU and India

2. The evolution of European environmental law principles
d) The reception of environmental law principles in the EU legislation
e) The interpretation of environmental law principles by the EU Court
f) The implementation at national level of EU environmental law in a comparative law perspective
Periodo
Primo semestre
Periodo
Primo semestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi