Master
2023/2024
Legal implications of climate change for global economy
Category 'Best Course for Broadening Horizons and Diversity of Knowledge and Skills'
Category 'Best Course for New Knowledge and Skills'
Type:
Elective course (Law of International Trade and Dispute Resolution)
Area of studies:
Law
Delivered by:
School of International Law
Where:
Faculty of Law
When:
1 year, 3 module
Mode of studies:
offline
Open to:
students of all HSE University campuses
Master’s programme:
Law of International Trade and Dispute Resolution
Language:
English
ECTS credits:
3
Contact hours:
32
Course Syllabus
Abstract
The legal landscape for addressing climate change is evolving. The UNFCCC established the international legal framework for addressing climate change. This has focused on reductions of emissions to come to a point where no more emissions of greenhouse gases (GHGs) are added to the atmosphere. This goal is known as the net zero goal. Human activities in the areas of energy consumption, transport, agriculture, mining, deforestation, and others contribute to greenhouse gas emissions. Around 200 countries have signed up to and ratified the UNFCCC to reduce GHGs. This is expected to have a transformational impact on the global economy. For a world built on fossil fuels and its by products, the shift away from it is transformational and requires processes of production and consumption to change. The new industries require financial and investment decisions to shift away from traditional investments, and this needs to be driven by and supported by regulations. This module will focus on the institutional structures and the decisions following from the UNFCCC and traces the evolution of legal frameworks for climate change in municipal systems. The IPCC and the NDCs are the most advanced institutional structures looking to restructure global economic activity. Courts and tribunals around the world are regularly dealing with climate issues, and climate litigation is steadily increasing. There is still no clear picture emerging as to the legal obligations of government, industry and individuals with respect to climate change, even though the end goal is clear. The request for an ICJ advisory opinion on legal obligations of states in respect of climate change is the latest in a series of advisory opinions to deal with this issue.
The first part of the course will consider the UNFCCC treaty and the legal principles into the Treaty, along with the protocols such as Kyoto, Montreal and Paris Agreements. The second part will consider the institutional structure of IPCC and the six cycles of reports, so far, and the NDCs. The third part will consider case law related to climate change issues. The last section will ask the question what the legal obligations of nation states are to address climate change, considering the ICJ Advisory Opinion on climate change.
Learning Objectives
- The primary aim of this course is to provide students with a thorough understanding of climate change and its impact on global economic activity, and to identify legal aspects of climate change issues. The students will acquire a good knowledge of key international instruments driving new legislation and legal principles that are shaping up to address global warming prevention. The learning of interdisciplinary analysis, including and drawing from various areas of law, such as environmental, administrative, tort, international and trade laws is a key skill set that will be developed. The role of different dispute settlement bodies on climate change issues will also be learnt.
Expected Learning Outcomes
- Develop the following skills and abilities: fluent use of specific terms and sources of international environmental law and international economic law; practical research of municipal and international laws relating to energy regulation, transport, trade, and agriculture, including international institutions.
- Gain knowledge on the following issues: international and national laws and regulation governing emissions reduction, including emissions trading and compliance.
- Acquire the following competencies: ability to work with relevant information (search, evaluate, criticize, systemize and use verified information for fulfilment of academic and professional tasks); ability to carry out professional activities in the international legal environment; ability to search for, analyze and use relevant information by using discretionary, comparative and other specific academic and practical research methods.
Course Contents
- 1. Understanding the Global Economy
- 2. Energy and Transport issues
- 3. Buildings and industry
- 4. Agriculture and others
- 5. UNEP, WMO, and IPCC
- 6. IPCC reports
- 7. The 2015 Paris Agreement
- 8. Implementation of the Paris Agreement and NDCs
- 9. Select NDCs
- 10. National Climate Laws – Select case studies
- 11. Climate case law – energy
- 12. Climate case law – human rights
- 13. Climate case law – trade and investment
- 14. Climate case law – net zero target
- 15. Climate law – European law
Assessment Elements
- Essay 1The essay question will be set on Part 1 of the course, and will consist of testing knowledge, comprehension and analytical skills covered in this area. The essay is expected to be 5-7 pages long.
- Essay 2Students are invited to provide case comment and contextualize this within the emerging legal framework of the area in which the case law is situated. This should be between 5-7 pages long and should consider one case, an in-depth analysis into how it contributes to the evolution of laws to address climate change. The case can be one of the student’s choice, and can be a concluded or an ongoing one.
