Introduction to International Environmental Law

Background 
Complex solutions to global or local environmental problems often involve the use of rules to protect nature or persons, or prevent harm. The establishment of binding norms through domestic and international law and agreements is an essential element in managed solutions of environmental problems. Regional norms developed 
on the European Union level are a particularly interesting example.  This course provides a basic introduction for environmentally trained professionals to the legal principles used to establish and maintain environmental quality, and the international legal process of developing norms for sustainable development.  The focus is on international and EU law, although domestic law will also be covered to a certain extent.  
Unit description 
This course looks at environmental challenges from the legal and governance perspective and provides a foundation in the relevant core concepts, actors, drivers and institutions. Building upon other coursework in which students have learned about the state of the environment and the nature of environmental problems, the course 
examines global, regional and national approaches to environmental governance from a law and policy perspective, by inter alia exploring international environmental regimes, including multilateral environmental agreements (MEAs) and the development of “soft law.” It will evaluate the overall effectiveness of particular examples of the use of legal instruments to address the underlying drivers of environmental degradation and to solve environmental problems, and will discuss multi-level environmental governance as a means for the diffusion of environmental norms.  
The unit aims at increasing understanding of legal systems and their approach to environmental and sustainable development issues. Beginning with an overview of the international legal and institutional framework relating to sustainable development, it provides a basic grounding in international law and institutional processes leading to 
the establishment of legal norms.  The development of international and domestic environmental law is presented, from origins in nature protection to the relatively recent concept of sustainable development.  The peculiar institutions, arrangements and legal norms arising out of a specific international legal regime – the European Union – are examined in some detail.  Particular agreements are also looked into to determine how they contribute to regime formation, and how states implement and enforce them to achieve compliance.  Specific attention will be paid to innovative regimes that test the boundaries of traditional command-and-control environmental law – including those related to transboundary EIA, trade in endangered species, public participation and climate 
change.  The development of concepts of the right to a healthy environment and its operational effect through human rights jurisprudence and implementation of the Aarhus Convention will be discussed, as well as international jurisprudence on sustainable development.  Issues of implementation, enforcement and maximization of resources, including partnerships with major groups, are also discussed. Among the principles and concepts to 
be discussed are the principles of intergenerational equity, the precautionary principle, the concept of sustainable 
development and the polluter pays principle. Domestic and international legal remedies will be examined.  

Teaching methods 
Seminar format, with class discussion. Some materials including case studies will be analyzed. A small group role- play exercise may be included (to be coordinated with Environmental Policy course).