HUK471

Climate Change and the Law

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
3
6
Elective
English
Prerequisites
-
Programs that can take the course
Law
Course Description
This course informs the students about the global trend issue of climate change from a legal aspect. There is a growing worry about the inaction of the states to meet the necessary targets to save people from the destructive effects of climate change. Among critical international agreements, there are numerous legal cases to express this concern. The students will gain a deep knowledge of the main issues surrounding climate change, international law on climate change, and current legal cases against climate change.
We will examine actual legal measures that have been adopted so far to manage climate change: international agreements such as the Framework Convention on Climate Change (1992), its Kyoto Protocol (1997) and Paris Agreement (2015), plus related agreements like the Kigali Amendment (on HFCs) and ICAO (aviation) and IMO (shipping); as well as the policies undertaken by key national and subnational systems.
Textbook and / or References
Benoit Mayer, International Law Obligations on Climate Change Mitigation, OUP, 2022.
Benoit Mayer, The International Law on Climate Change, CUP 2018.
Coplan, Green, Fischer Kuh, Narula, Rabago, Valova (eds), Climate Change Law: An Introduction, Edward Elgar, 2021.
Cinnamon P. Carlarne, Kevin R. Gray, and Richard Tarasofsky (eds), The Oxford Handbook of International Climate Change Law, OUP, 2016.
Daniel A. Farber, Cinnamon Pinon Carlarne, Climate Change Law, Foundation Press 2018.
Daniel A. Farber, Marjan Peeters, Climate Change Law, Edward Elgar, 2016.
Daniel Bodansky, Jutta Brunnée, Lavanya Rajamani, International Climate Change Law, OUP 2017.
Course Objectives
The course is intended to introduce the students to the key treaties, principles, and institutions that govern climate change law; enable them to critically appraise the evolving field of international climate law; and facilitate an interdisciplinary understanding of international climate law, accounting for relevant political, historical, and economic drives.
Course Outcomes
1. Develop skills to analyse political, legal and social discussions on climate change.
2. Identify various actors and sources of international law that create a climate change legal framework.
3. Acquire the ability to identify principles, norms, and reasoning techniques that strengthen the mitigation and adaptation efforts for climate change in international and national practice.
4. Construct well-reasoned arguments and policy proposals on climate change issues.
5. Critically analyse the challenges in the climate change mitigation and adaptation efforts for the international community, and in particular for the states and corporations, based on the local, national, regional, and international legal framework.
6. Communicate and discuss in English on topics related to climate change law.
7. Analyse the impact and interaction of climate change law on other areas of law.
8. Compare the responses given to climate change in different legal systems by thinking conceptually and analytically.
9. Improve ability to think creatively about problems and solutions to the challenges imposed by climate change.
Tentative Course Plan
Week 1: Introduction to the Sustainable Development Goals and International Climate Law, historical, political and economic developments
Week 2: Concepts of Climate Law (climate justice, inter- and intra-generational justice, just transformation, common but differentiated responsibilities; emission trading system, carbon tax, green technologies, renewable energy…)
Week 3: Sources of Climate Law I: Customary international law rules and principles of international law regarding environmental law
Week 4: Sources of Climate Law II: UN Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement
Week 5: European Climate Law I: EU Green Deal and Fit for 55 package
Week 6: European Climate Law II: Legal regulations and their impact on sectors
Week 7: Climate Law and Türkiye I
Week 8: Climate Law and Türkiye II
Week 9: Climate Cases I: Examples of international case-law regarding climate change and human rights; right to life, right to environment, equality etc.
Week 10: Climate Lawsuits II: Examples of national lawsuits regarding climate change
Week 11: Climate change responsibilities of companies
Week 12: General evaluation and discussion
Tentative Assesment Methods
• Midterm 30 %
• Final 70 %
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