International, European, and Comparative Environmental Law

A.Y. 2024/2025
6
Max ECTS
42
Overall hours
SSD
IUS/02 IUS/13
Language
English
Learning objectives
The course explores and analyses the foundations and the main principles and rules of Environmental Law in an international, European, and comparative law perspective. In the second part, selected topics will be addressed in the three perspectives (International, European and comparative).
Expected learning outcomes
By the end of this course, students will: - have knowledge and understanding of the policy options, regulatory techniques, and implementation challenges of the environmental law, in its international, European, and comparative dimensions; - have advanced knowledge and understanding of the legal principles, approaches, and techniques of environmental law and adequate knowledge and understanding of international and European rules relating to selected areas of environmental law - understand the interplay between the different levels of environmental regulation (international, European, domestic), as well as how "legal transplants" shape the making and implementation of environmental law - be able to identify and analyse legal issues of environmental law in a multi-level system, conduct basic research of the relevant materials, report on selected issues and cases, and apply their knowledge to other cases raising similar legal issues - structure an adequate argument on practical cases, including: identify and synthesise the relevant facts, identify and analyse the applicable legal framework in a multilevel system, make a reasonable and coherent argument on the application of the rules to the facts of the case, and draw consequential conclusions. - express advanced concepts of environmental law in a multi-level and comparative perspective law in a coherent and adequate fashion, using proper legal terminology - acquire a method of independent research and study of international, European and comparative environmental law, including by learning how to search and use primary sources, case-law, and scholarship.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
1. International environmental law
1.1. Origins and development
1.2. Principles and areas of regulation
1.3. Actors
1.4. Law-making processes: customary law, treaties and soft-law
1.5. Dispute Settlement and accountability mechanisms
2. European and comparative environmental law
2.1. History and legal basis
2.2. Principles, policies and instruments
2.3 Cases
3. Selected issues/topics in an integrated international, European, and comparative perspective.
Prerequisites for admission
Students of the LL.M. in Law and Sustainable Development are required to have successfully passed all the exams of the first year.
There are no formal requirements for non-LL.M. students, including international exchange students. However, it is strongly recommended that they have prior knowledge of both Public International Law and EU law.
Teaching methods
Course attendance is mandatory: students will be required to attend at least 70% of classes.
During the course, lectures will be alternated with class discussions, case-law analysis, and workshops. Students are expected to read the relevant part of the suggested handbook and/or the material available on the ARIEL website in advance and to actively participate to the debates.
Teaching Resources
The following textbook will provide students with the basic elements of knowledge for the Course:
- E Hey, Advanced Introduction to International Environmental Law, Edward Elgar, 2016.
- G. Van Calster and L. Reins, EU Environmental Law, Edward Elgar, 2017 (Part I).
Further mandatory and suggested readings will be given during the Course and be available on the ARIEL page of the Course.
Assessment methods and Criteria
The final grade will be expressed in **/30.
Students will be assessed upon:
a) active participation in class and to the activities that form an integral part of the course;
b) the grade obtained in the written exam (composed of multiple-choice questions and open questions) to be taken at the end of lectures (December 2024);
c) the grade obtained in the oral exam for the students failing the written exam or not satified with the result of the written exam.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 42 hours
Shifts:
Professor(s)
Reception:
Wednesday 10:00-11:00 AM, preferably by appointment
Dipartimento Diritto Pubblico Italiano e Sovranazionale, Underground Floor, via Festa del Perdono 7, or Microsoft Teams