Study-Unit Description

Study-Unit Description


CODE ERL3000

 
TITLE Principles of International Environmental Law

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 6

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION The study-unit will be split into two parts. The first part will address International in general and the second part will deal with sectoral issues.

Part I: The study-unit will acquaint the student with: the salient developments in International Environmental law, how it evolved as a specialized branch of International law; the major challenges and milestones reached as the International community sought to regulate the conservation of natural resources; the general principles of International Environmental law, the legal sources, International case law and soft law on the subject both from a horizontal perspective.
The second part will address the major sectoral challenges under International Environmental law and the challenges it presents to the traditional interpretation of International law will also be assessed.

Study-unit Aims

To acquaint the student with the applicable legal regimes that address environmental law from a regional and global perspective and to understand the relationship between the two international legal streams.

Learning Outcomes

1. Knowledge & Understanding: By the end of the study-unit the student will be able to:

(a) understand how international law has evolved to address the conservation of the environment and natural resources and to what extent has this process influenced international law in general.
(b) understand the legally binding commitments relating to such issues from an international and regional perspective

2. Skills: By the end of the study-unit the student will be able to:

(a) formulate policy and legislation to regulate environmental conservation and the sustainable use of natural resources
(b) negotiate within decision making bodies/amongst stakeholders applicable rules and policy instruments.

Main Text/s and any supplementary readings

All the books and documents are available from university library unless website is given from where they are downloadable

Legal sources documents
Applicable international treaties

Books:

- Birnie, P., and Boyle, A., International Law and the Environment, 3rd Edition Oxford University Press, 2009.
- Brownlie “Principles of Public International Law”, 6th Edition, Oxford University Press, 2003.

Further Reading:

- Simon Lyster, International Wildlife Law, Cambridge, Grotius Publications Limited, 1985.
- Paul De Waart, Paul Peters and Erik Denters, International Law And Development, Dodrecht, Martinus Nijhoff Publishers, 1988.
- Stanley P. Johnson, The Earth Summit: The United Nations Conference on Environment and Development (UNCED), Graham & Trotman, 1993.
- Robin and David Freestone, International Law and Global Climate Change, Graham & Trotman, 1991.
- Gunnar Sjostedt, International Environmental Negotiation, London, Sage Publications, 1993.
- Philippe Sands, Chernobyl: Law and Communication: Transboundary Nuclear Air Pollution - The Legal Materials, Cambridge, Grotius Publications Limited, 1988.
- Francesco Francioni and Tullio Scovazzi, International Responsibility for Environmental Harm, Graham & Trotman, London,1991.
- Gunther Handi and Robert E. Lutz, Transferring Hazardous Technologies and Substances: The International Legal Challenge, Martinus Nijhoff, 1989.
- Edith Brown Weiss, In Fairness to Future Generations: International Law, Common Patrimony and International Equity, New York, Transnational Publications, Inc., 1989.
- Glen Plant, Environmental Protection and the Law of War: A Fifth Geneva Convention on the Protection of the Environment in the Time of Armed Conflict?, London, Belhaven Press, 1992.
- Patricia W. Birnie and Alan E. Boyle, International Law and the Environment, Oxford, Clarendon Press, 1992.
- Alexandre Kiss and Dinah Shelton, International Environmental Law, Transnational Publishers Inc., 1991.
- Alexandre Kiss and Dinah Shelton, Manual of European Environmental Law, Grotius Publications Inc., 1993.
- Milan Bulajic, Principles of International Development Law, Dodrecht, Martinus Nijhoff, 1992.
- Jutta Brunnee, Acid Rain and Ozone Depletion: International Law And Regulation, New York, Transnational Publishers Inc., 1988.
- Edith Brown Weiss, Paul C. Szasz and Daniel B. Magraw, International Environmental Law: Basic Instruments and References, New York, Transnational Publishers Inc., 1992.
- Evangelos Raftopoulos, Barcelona Convention and Protocols, London, Simmonds & Hill Publishing Ltd., 1993.
- World Commission on Environment and Development, Our Common Future (Brundtland Report), Oxford, Oxford University Press, 1987.
- Club de Bruxelles, EC Environmental Policy: A Challenge for the 1990s, Bruxelles, Club de Bruxelles, 1990.
- McCormick, J., Environmental Policy in the European Union, Palgrave, 2001.
- Jans, J. H., European Environmental Law, Europa Law, 2000.
- Burchell, J. and S. Lightfoot, The Greening of the European Union?: examining the EU's environmental credentials, Sheffield Academic Press, 2001.
- Avosetta Group, The European Convention and the Future of European Environmental Law: proceedings of the Avosetta Group of European Environmental Lawyers, Europa Law, 2003.
- EC Legislation, Oxford University Press, 2004.
- M. Lee, EU Environmental Law. Challenges, Change and Decision-Making, 2005.
- R Revesz, Foundations of Environmental Law and Policy (1997).
- Golub, Global Competition and EU Environmental Policy (1998).
- Revesz, Sands & Stewart, Environmental Law, the Economy, and Sustainable Development (2000).

Journals:

- Review of European Community and International Environmental Law. Published by Blackwell Publishers, Oxford, U.K.
- European Environmental Law Review. Published by Graham & Trotman, London, U.K.

 
STUDY-UNIT TYPE Lecture and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (2 Hours) Yes 100%

 
LECTURER/S Christopher Attard (Co-ord.)
Simone Borg
Antoine Grima
Louise Spiteri

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
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