Study-Unit Description

Study-Unit Description


CODE ERL2003

 
TITLE Principles of Environmental Law

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION The study-unit would be split into four main parts.

1. An introduction to the subject that would delve into:
- The legal meaning of the term environment
- Evolution of environmental law on a national level as it was influenced by international events and Malta's membership within the European Union.

2. An assessment of the constituent General Principles of Environmental law:
- The right of ownership and use of natural resources and the obligation to protect the environment as a common good. The qualification of ownership rights to protect the environment.
- The preventive approach and the precautionary principle in addressing the regulation of environmental protection
- Liability for environmental harm: the polluter pays principle the breach of environmental law leading to a criminal offence and a civil wrong.
- The concept of sustainable development as an objective of environmental law, the legal challenges of regulating sustainable use
- The governmental duty to provide access to environment information, allow the public to participate in decision making and to provide for the independent review of l decision making in environmental matters.

3. The Basic Rights and Duties of the individual under environmental law:
- The right to live in a safe environment as an expression of the constitutional right to life
- The duty to protect the environment from harm
- The relationship between the provisions of the criminal and civil code and other legal sources, with environmental law
- The Right of the Public to Access to Environment Information, Environment Decision- Making and Access to Justice in Environmental Matters.

4. The Environment and Development Protection Act, the Malta Resources Authority Act and the subsidiary legislation regulating environmental protection and resource management:
- The purpose of the Acts, their principles and enabling legal provisions
- The institutions, their functions and powers and the regulatory and administrative set up
- Compliance, Enforcement and the executive powers of the regulators
- Environmental Liability and the right of a separate action for environmental damages
- The regulation of major sectors:
    • Waste Management Law
    • Aspects of Nature Conservation and Biodiversity Law
    • Aspects of Pollution Control Law.

Study-unit Aims:

The study-unit will provide the student with a general overview of Malta’s environmental law as it has evolved and developed in accordance with the general principles of law applied to the protection of the natural environment and natural resources. The influence of International treaties and the EU acquis communautaire would also be discussed and evaluated.

The study-unit will familiarize the student with the major national legal sources on the subject. Special emphasis would be given to the new 2010 Environment and Development Planning Act. The unit offers also an insight into the sectoral aspects of environmental law, highlighting the diverse legal tools and techniques when addressing the various environmental challenges that affect Maltese society.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Understand environmental law principles such as the use of natural resources as a common good, the legal implications of sustainable development, responsibility for environmental harm, the polluters pays principle and the precautionary and preventive principles.
- Learn about the right to access to environmental information, public access to decision making and access to justice in environmental matters.
- Understand the salient developments, obligations and legal principles pertaining to horizontal and sectoral environmental legislation and how these relate to other legal streams such as Civil law and Criminal law.

2. Skills:

By the end of the study-unit the student will:
- Become acquainted with the basic principles of environmental law and would learn to appreciate the complexity and specific characteristics of environmental legislation.
- Understand how the law is applied by the various institutions involved via case studies.
- Be introduced to the interface between the various sectors and how environmental law affects socio economic issues and forward planning.
- Be acquainted with the legal remedies available and the extent s of civilian participation in day to day environment decision making.

Main Text/s and any supplementary readings:
(All publications should be available in the library)

Bibliography

- Borg, S. and Farrugia L., Environmental Law in Malta, Kluwer International, The Hague, 2010.

Selected Bibliography

- Aquilina, Kevin, List of Environmental Legislation in Malta, unpublished.
- Aquilina, Kevin, Development Planning Legislation: The Maltese Experience, Mireva Publications, Malta, 1999.
- Attard, David et al., Implications of Expected Climatic Changes on Malta, UNEP, Athens, 1993.
- Axiak, Victor et al., State of the Environment Report for Malta 1998, Malta Council for Science and Technology and Environment Protection Department, Malta 1999.
- Azzopardi, Anton, A New Geography of the Maltese Islands, St. Aloysius College Publication, Malta 1995.
- Birnie, P. and Boyle, A., International Law and the Environment, Oxford University Press, USA, 1992.
- Borg, Simone, Environment Conservation in Malta: an Ultimate Test in Sustainable Development, Paper presented on behalf of Malta at the IMASIDS Conference, Foundation for International Studies, University of Malta, 24-27 November 1998 (IMA-SIDS Document 17).
- Borg, Simone, Malta's Environmental Legislation, Working Document at the Screening Session of Malta's environmental legislation before the European Commission.
- Census of Population and Housing Malta 1995, Vol. I, Central Office of Statistics 1997.
- Economic Survey, January - September 1999, Ministry for Economic Services, Economic Planning Division.
- International Treaties and Conventions to which Malta is a State Party, Ministry of Foreign Affairs Publication, Malta 1998.
- Kiss, A. and Shelton, D., International Environmental Law, Transnational Publishers, Inc., Graham and Trotman, USA, 1991.
- Malta's National Report to the United Nations Conference on Environment and Development, Ministry of Foreign Affairs, Malta 1992.
- Schembri, P.J. and Baldacchino, A.E., Ilma Blat u Hajja, Malta University Services Ltd., University Campus, Msida, Malta, 1992.
- Structure Plan for the Maltese Islands, Planning Services Division, Ministry for the Development of Infrastructure, December 1990.
- Sultana, J. and Falzon V. (eds.), Wildlife of the Maltese Islands, Environment Protection Department, Floriana, Malta, 1996.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Christopher Attard

 

 
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The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit