Master 2024/2025

Legal implications of climate change for global economy

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, 4 module

Mode of studies: offline

Open to: students of one campus

Instructors: Vladislav Starzhenetsky

Master’s programme: Law of International Trade and Dispute Resolution

Language: English

ECTS credits: 3

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.