International Economic and Environmental Law

A.Y. 2024/2025
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
In recent decades, environmental concerns have gained significant weight in States' political agendas. The reason lies in the global and transnational dimension of most compelling environmental issues (e.g, transboundary air pollution, the exploitation of international watercourses, climate change or loss of biodiversity). To address these new challenges, States increasingly resorts to measures that, in the pursuit of environmental interests, have a significant impact on their international economic relations, challenging the pursuit of a closer integration with other economies.



Against this background, the course explores how the legal regimes established under international agreements on the protection of foreign investment and trade liberalisation may affect domestic environmental policies. The first part is dedicated to international environmental law and aims at deepening the knowledge and understanding of the main multilateral environmental agreements. The second part opens to the study of international investment and trade law: the objective is to define the fundamental pillars of these disciplines and, also through the study of the case law of international courts and tribunals, understand how compliance with relevant agreements can promote or hinder environmental protection, in particular policies addressing climate change.

The course aims to deepen students' legal education focusing on specific areas of international law, integrate the academic background in other disciplines, and provide useful tools to develop a critical approach to the study of international economic relations.
Expected learning outcomes
At the end of the course, students will be able to properly understand how participation in economic and environmental agreements may limit States' leeway in defining their domestic policies. Through the analysis of main treaties and relevant practice of international courts or tribunals, students will acquire the necessary tools to: a) identify and apply in concrete cases international principles and rules governing economic relations, environmental protection, and the fight against climate change; b) identify and resolve situations of overlap or conflict between rules set out in these different legal regimes. Students will acquire the ability to identify the legal framework applicable to individual concrete cases, to evaluate such cases through a correct interpretation and application of the relevant rules, and, finally, to adequately expose and argue legal issues through the correct use of legal methodology and terminology
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
Course syllabus
Unit 1
International environmental law: evolution, principles, general norms, governance; multilateral environmental treaties. The protection of the atmosphere: the prohibition of transboundary pollution and the fight against climate change. Environmental protection and climate change under a human rights perspective.

Unit 2
International trade in goods under the agreements of the World Trade Organization and the preferential trade agreements: customs measures and regulatory measures. The legality of trade measures for environmental protection under international trade law.

Unit 3
The evolution of the international investment law. Dispute settlement mechanisms between foreign investors and the host state of the investment. Customary and treaty rules on access and protection of foreign investments. Protection of States' general interests of states in the treaty practice and in the case law of arbitral investment tribunals.
Prerequisites for admission
To take the exam students must meet the requirements set by the "Manifesto degli studi" of the Master programme
Teaching methods
Case studies will be proposed during lectures through the analysis of international treaties and case law. For each topic, the analysis of the political-diplomatic debate, legal frameworks and specific case studies will be explored. Active student participation is recommended and will be encouraged by posting the teaching materials on the course's Myariel site (https://myariel.unimi.it/course/view.php?id=2894#).
Teaching Resources
1) M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli , 2019: capitoli I, II, III e VI
2) F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: capitolo I, II, III, V, VI; D. BODANSKI, The Legal Character of the Paris Agreement, Revue of European, Comparative & International Environmental Law 2016, pp. 142-150 (disponibile tramite l'OPAC di Ateneo); S. MALIJEAN-DUBOIS, The Paris Agreement: A New Step in the Gradual Evolution of Differential Treatment in the Climate Regime?, Revue of European, Comparative & International Environmental Law 2016, pp. 151-160 (disponibile tramite l'OPAC di Ateneo).
2 bis) Alternatively: P.-M. DUPUY, J.E. VINUALES, International environmental law, 2nd edition, Cambridge University Press, Cambridge, 2018, capitoli 1, 2, 3, 5, 10 e 12.

Additional exam materials will be posted on the course's MyAriel site.
Assessment methods and Criteria
Organized as a written test, the examination is designed to ascertain knowledge of the topics part of the course syllabus and the ability to employ international law tools to analyze, including critically, the legal instruments of international cooperation in the economic sphere and with reference to environmental protection.
Attending students will be able to take intermediate tests that will be held during the course.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor(s)
Reception:
Thursday (4-7 p.m.) by Skype (giovanna.adinolfi).
Department of International, Legal and Historical-Political Studies, 3rd floor, Room 29.