LL4D6      
International and European Environmental Law

This information is for the 2011/12 session.

Teacher responsible

Dr Veerle Heyvaert, NAB 7.06.

Availability

This course is optional for LLM and MSc Environmental Policy and Regulation, students.  Other Masters level students with an interest in international and/or European environmental law are welcome.

This course is capped at 30 students. Students must apply through Graduate Course Choice on LSEforYou.

Course content

The course instructs students on the general principles and application of international and European Union (EU) environmental law. By focusing on four environmental policy areas that are covered in international as well as EU law, the course explores the similarities and distinctions, as well as the synergies and tensions between more (EU) and less (international) integrated legal frameworks within a global context.

The course is structured in five sections:

1. Fundamentals of environmental law in a global context
(a) Principles and sources of international environmental law;
(b) Law-making, implementation, and effectiveness of EU environmental law.
2. Controlling chemicals
Covers the emergence of private transnational regulation of chemicals production and marketing, the EU REACH Regulation, and nanotechnology as a case study in the regulation of emerging technologies.
3. Climate change
Reviews international and EU climate change initiatives, covering the UNFCCC, the Kyoto Protocol and successor (if applicable), and the EU Emissions Trading System. One session focuses on direct regulation and alternative approaches (economic incentives, self-regulation, disclosure, etc) to affect climate change
4. Biodiversity
This section examines regulatory regimes for nature conservation; access and benefit sharing under the Biodiversity Convention on Biodiversity, and the impact of trade on biodiversity protection.
5. Catastrophes
The final section reviews existing regimes to prevent and remediate major industrial accidents. It addresses global regulatory responses to major nuclear accidents and toxic spillages, liability for transboundary environmental harm, and the role of human rights as a an instrument of environmental protection.

Teaching

21 two hour seminars (10 in MT; 9 in LT; 2 in ST).

Formative coursework

Students will have the opportunity to produce an essay and participate in a seminar presentation.  A mock examination will be offered in the LT.

Indicative reading

A detailed reading list will be provided for each seminar.

Essential reference works include Bodansky, The Art and Craft of International Environmental Law (2010, Harvard University Press); Bodansky, Brunnee & Hey, The Oxford Handbook of International Environmental Law (OUP, 2007); M. Lee, EU Environmental Law. Challenges, Change, and Decision-Making (Hart, 2005); R. Revesz, P. Sands & R. Stewart, Environmental Law, the Economy, and Sustainable Development (CUP, 2000); F. Yamin & J. Depledge, The International Climate Change Regime (CUP, 2004); D. Shelton, Commitment and Compliance (OUP, 2003); M. Pallemaerts, Toxics in Transnational Law (Hart, 2003); L. Rajamani, Differential Treatment in International Environmental Law (OUP, 2006); R. Coase, 'The Problem of Social Cost' (1960) 3 The Journal of Law & Economics, 1-44; and Stern Review Executive Summary (online).

Assessment

This course will be assessed by a three-hour examination.

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