By the end of this course, students should be able to: Have an understanding the scientific and policy dimensions of climate change and their relationship with legal regulation; Have familiarity with the policy options, regulatory techniques, and implementation challenges of the international legal framework on climate change; Have an advanced knowledge of the legal instruments founding the Climate Change Regime (1992 UN Framework Convention on Climate Change (UNFCC), 1997 Kyoto Protocol to the UNFCC, 2015 Paris Agreement to the UNFCCC) Understand and evaluate critically legal issues regarding the international legal framework on Climate Change; Understand interlinkages between the Climate Change regime, 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.
The Course explores and analyses the origin, achievements, and challenges of Public International Law responses to Climate Change. It will place the legal analysis of the climate change regime in a multidisciplinary perspective and in the broader context of international law. Through the Course, students will acquire an advanced knowledge of the specific international legal regulation of climate change (UN Climate Change Regime) and an understanding of its interlinkages with other areas of International Law (protection of human rights, trade, and investments). It will be able to identify the policy stakes of international climate change negotiations and their relationship with options and approaches in terms of regime design and implementation.
Analytical Syllabus: The Course will address the following topics: 1. Setting the Scene 1.1. A Conceptual Framework of Analysis of the International Regulation of Climate Change and its challenges 1.2. International Law and Air Pollution: An Introduction 1.3. The Origins and Evolution of the Climate Change Regime (CCR) 2. The CCR against the background of General International Law 2.1. CCR and general principles of International Environmental Law 2.2. The institutional framework 2.3. Law-making processes 3. The Climate Change Regime, 3.1. The 1992 Framework Convention on Climate Change, 3.2. The 1997 Kyoto Protocol 3.3. The 2015 Paris Agreement 4. Accountability of States and Climate Change 4.1. Climate Change damages and State Responsibility 4.2. Implementation and Compliance Control 5. Workshops on specific topics in their relationship with Climate Change, including Human Rights, Migrations, International Trade Law, Renewable Energies, Transports, and Forestry and Agriculture.
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.
Prerequisiti e modalità di esame
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: 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); 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).
Materiale didattico e bibliografia
Suggested Readings: The following textbook will provide students with the basic elements of knowledge for the Course: D. Bodansky, J. Brunée, and L. Rajamani, International Climate Change Law, Oxford University Press, 2017. Further mandatory and suggested readings will be given during the course and be available on the ARIEL page of the Course