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Environmental Law: International

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Environmental Law
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LAW 605

International Environmental Law

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[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] Environmental Law: International

Why it is relevant for ...

[ Academia ] [ Litigation ] [ Regulatory & Policy ] [ Transactional ] as a Foundational Course : International environmental law is one of the fastest growing areas of international law. Current issues of international concern covered by environmental laws include global warming, destruction of tropical rain forests, desertification, pollution, international trade in endangered species and hazardous waste shipments to Third World countries. International treaties and trade agreements often directly affect environmental controls and the evolution of international environmental regimes. Students interested in environmental law should know something about the evolution of multi-national and supra-national approaches to the problems of the global commons. This course, while focusing on the issue of climate change, examines the interaction between law, science, and economics in shaping the choice of a treaty instrument that will support the evolution and implementation of an environmental regime.

General course Description:

This course looks at several of the main areas in which international regimes for the environment have been, or are in the process of being, established. Among these, substantial focus will be given to the Framework Convention on Climate Change, the Kyoto Protocol, and the work of the World Council on Dams. The class examines the detailed, transparent records compiled in recent years in these and other fields to explore the developing roles of non-state organizations (non-profits, industry groups, the scientific community), and of multilateral and regional institutions in the design and implementation of environmental regimes. In connection with these regimes, it will examine issues such as the conflicts between trade and environmental law, the choice of instruments (e.g., taxes, permits, regulation) for environmental policy, and the character of international negotiation processes and the analytical methods used therein. In addition, it will explore the meanings in these contexts of emerging legal doctrines of international public law such as the right to sustainable development, the polluter pays and prevention principles, the common heritage of mankind, and the common gut differentiated responsibilities of nations.

Course Style: A Substantive course teaches the law, theory, and policy in a particular area of law

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