HUK426

School of Law \ Law

2

3

Elective

English

-

Law

The course examines the historical, legal and institutional foundations international environmental law and explores the role of law in international environmental governance. The course analyses the basic agreements of international environmental law, implementation techniques and enforcement measures under various treaty regimes, and the soft law rules on international environmental law. The course also examines other sources of international environmental law, including voluntary incentive programs and market-based approaches.In the course, topics such as human rights and the environment, hazardous waste, climate change, biodiversity, distributive justice and equitable sharing between developing and developed states, the relationship between national and international law, the use of science to inform law and policy are discussed.

Alam, Atapattu, Gonzalez and Razzaque (eds.), International Environmental Law and the Global South, CUP, 2015.
Atapattu, S. & Schapper, A., Human Rights and the Environment: Key Issues, Routledge, 2019.
Birnie, P. & Boyle, A. & Redgwell C., International Law and the Environment, 4th ed., OUP, 2021.
Bodansky, D. & and van Asselt, H. The Art and Craft of International Environmental Law, 2nd ed. OUP, 2024.
Dupuy, P.-M. and Vinuales, J. E., International Environmental Law, CUP, 2nd ed., 2018.
Hunter, D. & Salzman, J. & Zaelke, D. International Environmental Law and Policy, 6th ed, 2022.
Kotze, L., “Rethinking Global Environmental law and Governance in the Anthropocene” Journal of Energy & Natural Resources Law, vol 32:2 (2014), p 121-156.
Sand, P. (ed.). The History and Origin of International Environmental Law. Edward Elgar Publishing, 2015.
Sands, P. & Peel, J., Principles of International Environmental Law, 4th ed., CUP, 2018.
Stephens, T., International Courts and Environmental Protection, CUP, 2009.
Weiss, E. B., International Law for the Environment,West Academic Publishing, 2016.

The aim of the course is to examine the emergence and development of international environmental law in its historical, philosophical, economic, and legal dimensions; to learn the basic sources of environmental law and use them in settling international disputes; to understand various perspectives on environmental problems and to evaluate the legal tools that can be used to settle contemporary disputes. Although the course mainly deals with environmental problems under international law, the reflections of international law and regulations in European Law and national law, and their interactions with each other are also examined.

1. Develop skills to analyse political, legal and social discussions on international environmental law.
2. Identify various actors and sources of international environmental law.
3. Illustrate and provide examples of key principles, norms, and concepts of international environmental law
4. Acquire the ability to identify reasoning and interpretation techniques that strengthen environmental protection in international and national practice.
5. Capable of carrying out independent and/or group research in the field of environmental law, using both library and electronic resources.
6. Present the research results in English, and discuss and justify the arguments in the paper based on legal and regulatory documents.
7. Analyse the impact and interaction of international environmental law on other areas of law and find solutions to contemporary legal challenges, for example, those imposed by the emerging technologies related to artificial intelligence.
8. Familiarize with the national and international discussions on environmental law and follows recent developments.
9. Acquire an understanding of the interdisciplinary nature of environmental protection and linkages with issues such as economic development, poverty, and global pandemic in the context of their relation to socio-economic rights.
10. Apply legal strategies, including both substantive and procedural law, to protect natural resources and prevent pollution across international borders, including use of marine resources, and management of greenhouse gas emissions.
11. Identify and apply information concerning opportunities for public participation in environmental protection.

Week 1: Introduction to International Environmental Law; Introduction to article writing and discussion of possible paper topics
Week 2: History and Development of International Environmental Law: Planetary and National Boundaries: Institutions, principles, treaty regimes, other sources, “Development v Environment”
Week 3: The hydrosphere: Ocean Law – Protection of the Environment in various sea zones
Week 4: The biosphere: Biodiversity Within and Beyond National Jurisdiction, rights of nature, protection of flora and fauna
Week 5: The atmosphere: Preventing air pollution, protecting the ozone layer, fight against climate change
Week 6: Dangerous substances and activities: laws and regulations on chemicals, pesticides, heavy metals, plastic, and waste
Week 7: International Law and Environment: state responsibility for environmental damage, international adjudication in environmental disputes, no harm principle, due diligence, polluter pays, the precautionary principle, the principle of prevention, obligations to cooperate, the concept of common heritage of humankind, common but differentiated responsibilities, Environmental Impact Assessment (EIA) and other procedural obligations
Week 8: EU Law and Environment: the Green Deal and Fit for 55
Week 9: Human Rights and Environment: international adjudication of human rights and the environment, the principles of transparency and public participation, access to legal and other remedies
Week 10: Humanitarian Law and Environment: protection of the environment in armed conflicts
Week 11: Trade, Investment and Environment: treaty regimes and market-based mechanisms
Week 12: General discussion, conclusions, future prospects

• Participation % 10
• Essay % 35
• Presentation % 15
• Final exam % 40