International Environmental Law

General information

Type:	OP	Curs:	4	Period:	S semester
ECTS Credits:	5 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Marta Ortega Gómez	Derecho	ENG

Prerequisites

Have taken the European Community Law Institutions and Public International Law subjects.

Previous Knowledge

Basic notions of European Community Law and Public International Law.

Workload distribution

Workload distribution:
-Classroom-based activities: 40% of total credits
-Guided activities: 30% of credits
-Independent study: 30% of credits

COURSE CONTRIBUTION TO PROGRAM

This course aims for GED students to acquire specific knowledge on International and European Environmental Law, which is a very important branch of Public Law and has an important impact on the lives of people and company activities.

Course Learning Objectives

Students should be able to:

Identify the major thematic areas of International Environment Law and the future challenges facing International and European Environment Law.

Identify the most relevant international environment agreements, regulations and directives.

Analyse the most relevant international and European Community jurisprudence related to the environment.

Critically analyse the legislative aims that legislators seek to achieve as well as the possible shortcomings of proposed legislation.

Complete a complex case study that poses a range of legal problems relating to the environment.

Competences

10. Adaptability, flexibility
9. Autonomy, independence, initiative, pro-activeness
27. Intellectual curiosity (`enlightened professionalism')

10. Adaptability, flexibility

9. Autonomy, independence, initiative, pro-activeness

27. Intellectual curiosity (`enlightened professionalism')

CONTENT

1. ENVIRONMENT LAW IN THE EUROPEAN UNION 1. European Union Environment Policy. Legal basis of the Treaty EC. Aims. Principles. Legislative procedure. The role of civil society. 2. Air and atmospheric pollution. Air pollution. Atmospheric pollution. Climate Change: a) Kyoto Protocol; b) Subsequent developments. 3. Water pollution. EC water policy. Water intended for human consumption. Quality of sanitary water. 4. Industrial waste. Cross-border transportation of waste. Waste management. 5. Biodiversity. Protection of flora, fauna and forests. Assessment of environmental impact. Agreement on biological biodiversity. 6. Sea pollution. Strategy. Maritime security. Accidental pollution. Spillages in ports. 7. Responsibility for environmental damage. The principle of whoever pollutes pays. Criminal responsibility for environmental damage. Casuistry 8. Legal protection of rights recognised by environmental directives. Legitimisation of NGOs before the EU General Court and the Court of Justice. Legal protection before national legal entities.
2. ENVIRONMENT LAW IN THE UNIVERSAL CONTEXT 9. The environment as object of international legislation. Aim and specificities of International Law regarding the environment. Historical evolution of the international protection of the environment. The transversal dimension of the protection of the environment, sustainable development. 10. International actors and the international protection of the environment. The State. The universal international organisations: the United Nations system. International organisations with a regional scope. Entities created by international environment treaties. Non-state actors. 11. The creation of international environment law. The treaties. Characteristics and specificities; principal treaties classified by area: protection of the atmosphere; protection of the seas and oceans and other spaces; conservation of biodiversity and the earth's resources; international control of toxic and dangerous products and residues. The custom and general principles of international law. 12. General principles of international law and the protection of the environment. Introduction. Principle of international cooperation. Principle of prevention of environmental damages. Principle of precaution. Principle of whoever pollutes pays. Principle of shared but differentiated responsibilities. The notion and/or principle of sustained development. 13. The application of international environment law. The reception and application of the internal legislation. Monitoring and control techniques. Means for the pacific resolution of controversies. 14. The international responsibility of the State for international environment law. Responsibility for international illicit actions: basic principles and specificities. Responsibility for environmental damage derived from non-prohibited actions.

1. ENVIRONMENT LAW IN THE EUROPEAN UNION

1. European Union Environment Policy. Legal basis of the Treaty
EC. Aims. Principles. Legislative procedure. The role of civil society.

2. Air and atmospheric pollution.
Air pollution. Atmospheric pollution. Climate Change: a) Kyoto Protocol; b) Subsequent developments.

3. Water pollution.
EC water policy. Water intended for human consumption. Quality of sanitary water.

4. Industrial waste.
Cross-border transportation of waste. Waste management.

5. Biodiversity.
Protection of flora, fauna and forests. Assessment of environmental impact. Agreement on biological biodiversity.

6. Sea pollution.
Strategy. Maritime security. Accidental pollution. Spillages in ports.

7. Responsibility for environmental damage.
The principle of whoever pollutes pays. Criminal responsibility for environmental damage. Casuistry

8. Legal protection of rights recognised by environmental directives.
Legitimisation of NGOs before the EU General Court and the Court of Justice. Legal protection before national legal entities.

2. ENVIRONMENT LAW IN THE UNIVERSAL CONTEXT

9. The environment as object of international legislation.
Aim and specificities of International Law regarding the environment. Historical evolution of the international protection of the environment. The transversal dimension of the protection of the environment, sustainable development.

10. International actors and the international protection of the environment.
The State. The universal international organisations: the United Nations system. International organisations with a regional scope. Entities created by international environment treaties. Non-state actors.

11. The creation of international environment law.
The treaties. Characteristics and specificities; principal treaties classified by area: protection of the atmosphere; protection of the seas and oceans and other spaces; conservation of biodiversity and the earth's resources; international control of toxic and dangerous products and residues. The custom and general principles of international law.

12. General principles of international law and the protection of the environment.
Introduction. Principle of international cooperation. Principle of prevention of environmental damages. Principle of precaution. Principle of whoever pollutes pays. Principle of shared but differentiated responsibilities. The notion and/or principle of sustained development.

13. The application of international environment law.
The reception and application of the internal legislation. Monitoring and control techniques. Means for the pacific resolution of controversies.

14. The international responsibility of the State for international environment law.
Responsibility for international illicit actions: basic principles and specificities. Responsibility for environmental damage derived from non-prohibited actions.

Relation between Activities and Contents

	1	2
Class particpation
Completion of practical exercises
Tests on set reading
Final exam

Methodology

Teaching-learning methodology: lecture classes, cases studies, jurisprudence analysis.

Learning modalities:

1. Lecture classes: explanation of the course content (throughout the course)

2. Practical class activities: presentation of arguments and conflict resolution (throughout the course)

The practical work will be completed on an individual basis. There will be a weekly set reading on a case study or a sentence: students will have one week to prepare to make commentary on it in class.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
Class particpation	15
Completion of practical exercises	15
Tests on set reading	10
Final exam	60

Assessment criteria

Ongoing assessment:

The ongoing assessment component takes into account all the activities carried out, bearing in mind that the aim of these is to address the different concepts, skills, proceedings and attitudes. This ongoing assessment is based on two partial written tests (25% of the final mark) and a practical case study (25%) within the framework of the practical classes. There is also a final exam on all the course material (50 %).

Attendance is obligatory. However, attendance focuses on the practical sessions, whereby students are required to attend a minimum of 75%. Attendance is key to achieve a satisfactory mark.

Two types of activities are considered to determine students¿ learning:
-Written tests on the conceptual concepts discussed in class. There will be two throughout the course. Tests are scheduled according to the course syllabus announced the first month and according to the academic calendar. The appropriate use of language is also taken into account in both according to the faculty¿s criteria.
-The in-class practical sessions serve to debate documents or practical case studies and to assess all learning components. Students will be informed of all the prior assignments they have to complete during the in-class sessions. At a minimum, these will include specific written assignments and issues students should consider.

To pass the ongoing assessment component, students need to achieve a minimum score of 5 on the final exam and have completed all the graded activities.

Final exam:

This exam consists of the following: long and short answers, a text commentary and a practical case study.

APPROPRIATE USE OF LANGUAGE:
Any graded exercise (whether in-class or otherwise) that does not meet minimum standards regarding the use of language (spelling, grammar, vocabulary) will be considered a fail, regardless of the content, receiving a maximum mark of 4.

Students who do not:
1. Pass the course after the FIRST SITTING OF THE FINAL EXAM due to not attending class, not completing the assignments or copying them will not be able to RE-SIT THE EXAM and will therefore have to re-take the course, duly completing the activities specified by faculty.
2. Have the level of competencies required may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.

Bibliography

Short bibliography:

Kiss, A., Shelton, D.: Guide to International Environmental Law, Martinus Nijhoff Publishers, 2007.

Jans, J.H., Vedder, H.: European Environmental Law, Europa Law Publishing, 2008, 3rd ed.

Complementary bibliography and study material:

Students will receive a dossier containing legislation and practical case studies.

Timetable and sections

Group	Teacher	Department
	Marta Ortega Gómez	Derecho

Horari

From 2015/9/15 to 2015/12/1:
Each Tuesday from 12:00 to 14:00. (Except: 2015/11/17)

Friday 2015/11/13 from 14:45 to 16:45.

Monday 2015/12/14 from 10:00 to 13:00.

Tuesday 2016/7/5 from 16:00 to 19:00.

International Environmental Law (GED75179)