Delivered at:: School of International Law

Course type:: Compulsory course

When:: 5 year, 1, 2 module

Instructor

Petrenko, Aleksei

Full Syllabus Ask Question

Abstract

The environment is a major concern for humankind, and contemporary international lawmaking has increasingly addressed this issue over the last few decades. The international community has developed a complex regulatory framework under public international law (PIL) to protect and preserve the environment, promote the sustainable use of natural resources, and encourage state cooperation and meaningful engagement of the private sector in related matters. This continually evolving legal framework is the focus of the course "International Law and the Environment."This course serves as an introduction to international environmental law (IEL), rather than an in-depth study of all related issues. We will address key areas of this field with a systemic approach to the regulation, recognizing that various sub-fields of international law operate in an integrated manner. The course aims to foster an advanced understanding of public international law by exploring one of its sub-fields, where many questions of general international law inevitably arise and are addressed. The course also pays ample attention to practical aspects, such as decision-making, implementation and enforcement of commitments under international law, and the formulation of environmental law and policy.The course begins by contextualizing the regulatory framework as part of PIL. In the main section, it delves into selected issues of international environmental law, including climate change, species and habitat protection, biological diversity, protection of the marine environment, and others. We will also deal with potential conflicts with other commitments under international law, such as when continuing protection of foreign direct investments results in harm to the environment.During this course, students will engage in various class activities and participate in mock negotiations. At the end of the course, students must pass an oral examination.Preparatory courses are: “Public International Law” and “Theory of State and Law”. A course on "Environmental Law" is desirable. Participants must demonstrate a proficiency in English sufficient to understand and participate in university-level courses taught in English.

Learning Objectives

The main purpose of the course is to provide a basic understanding of IEL, develop the skills needed to navigate its rich legal landscape, apply the respective legal norms, conduct legal research individually and in teams, and solve cases under international law in application to the environment.

Expected Learning Outcomes

Students must gain knowledge of the role and importance of IEL in promoting sustainable development and state cooperation, as well as the basic scientific, political, and economic drivers of its development;
Students must gain an understanding of international lawmaking in IEL, including negotiations as one of the means to achieve results;
Students must gain insights into the various perspectives of global and local stakeholders, including states, international organizations, NGOs, and the private sector;
Students must gain knowledge of the developments and milestones of IEL, from its inception to current global challenges;
Students must gain knowledge of the institutional and legal foundations of IEL, as well as the mechanisms of its implementation and enforcement;
Students must gain an understanding of relations and potential conflicts between IEL and other areas of international law;
Students must have learned specific terminology and sources related to IEL and its key areas;
Students must have built capacity in legal research and analysis of treaties, decisions of international organizations, case law, and doctrines within the context of IEL;
Students must gain the tools to read and critically evaluate decisions from international courts and tribunals that address environmental issues;
Students must have developed a professional methodology for conducting thorough legal research and identifying applicable law in the context of IEL;
Students must gain the skills to independently analyze academic and professional publications related to IEL and form an informed understanding of ongoing debates and developments;
Students must have gained the competence to advise governmental authorities and private entities on legal issues of IEL and engage in other professional activities related to IEL, including international negotiations.
Students must gain the skill of teamwork by working collaboratively with peers to represent different nations or groups, fostering a cooperative environment that mirrors international treaty negotiations;
Students must gain the skill to make informed decisions quickly in a pressured environment, which is a common scenario in international negotiations;
Students must have gained the skills to identify potential conflicts in treaty negotiations and develop strategies for conflict resolution that ensure progress while respecting the diverse interests of all parties involved;

Course Contents

Topic 1 — IEL as part of Public International Law
Topic 2 — Overview of IEL
Topic 3 — Principles of PIL Applicable to the Environment
Topic 4 — Climate Change
Topic 5 — Biodiversity Conservation
Topic 6 — Other selected topics under IEL
Topic 7 — Environmental Protection, Trade and Investment

Assessment Elements

Classroom-based work
Students will be evaluated on their performance during the seminars. Each student is expected to attend all seminars and be prepared for the seminar topic in advance. Students must study the assigned material and do additional research on the matter. Students' knowledge can be assessed in class through participation in class discussions, debates, and moot courts, as well as the completion of written assignments, including written tests (multiple choice, close and/or open questions).
Mock negotiations
Mock negotiations (acting in an assigned role and reaching a joint decision; teamwork; max = 10 points). Identifying, preparing, and articulating the assigned position in negotiations, with the goal of collaboratively reaching a joint outcome (teamwork).
Oral exam
Form of the exam: oral in the form of an interview on the whole syllabus, without giving time for preparation of the answer (held in small groups).

Interim Assessment

2024/2025 2nd module
0.4 * Classroom-based work + 0.3 * Mock negotiations + 0.3 * Oral exam

Bibliography

Recommended Core Bibliography

International environmental law, Dupuy, P.-M., 2020
Principles of international environmental law, Sands, P., 2012

Recommended Additional Bibliography

Conservation, biodiversity and international law, Gillespie, A., 2012
Introduction to international environmental law, Koivurova, T., 2014

Authors

SMIRNOVA SVETLANA ANATOLEVNA

Bachelor’s Programme 'Law'

International Law and the Environment