| CODE | ERL5008 | |||||||||
| TITLE | International Energy, Environmental and Climate Change Law | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | 7 | |||||||||
| ECTS CREDITS | 20 | |||||||||
| DEPARTMENT | Environmental and Resources Law | |||||||||
| DESCRIPTION | This study-unit will address the following topics: - Introduction to Energy Environment and Climate Change from a scientific socio-economic point of view. - The Basic principles of Public International Public Law. - Energy, Environment and Climate Change in Public International Public law: Substantive and Institutional Issues. - The Basic Principles of European Law. - Energy, Environment and Climate Change Law in European Law: Substantive and Institutional Issues. - General principles, concepts and illustrations of International Environmental Law. - General principles, concepts and illustrations of International Energy Law. - General principles, concepts and Illustrations of International Climate Change. - General principles, concepts and illustrations of International Oil and Gas Law. - General principles, concepts and illustrations of International Trade Law. - General principles, concepts and illustrations of International Public Law and the Marine Environment. - General principles, concepts and illustrations of International Biodiversity Law. Study-unit Aims This study-unit forms part of three taught study units and 1 research study unit that make up the Master in Law in Energy, Environmental and Climate Change Law (MEECCL). This study-unit focuses on the international component and is of an intensive level compatible with an Advanced LL.M. The study-unit will expose students to the basic principles of International law in the field of energy, environment and climate change law and introduce them to topical issues, providing them with the opportunity to apply the basic and emerging legal principles to current international legal issues in these three sectors. The programme aims to deliver experts in the fields of international energy, environmental law, climate change law as well as ensure that experts in the sector remain up to date. The study-unit addresses International Energy law, environmental law and climate change law as booming areas of legal practice, of academic research, as well as of societal importance. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (1) Demonstrate knowledge about the strengths and weaknesses of the current legal framework concerned with energy, environmental and climate change law from an international law perspective. (2) Comprehend key emerging legal and policy issues requiring an effective regulatory and institutional response and the political challenges to advance reform in international energy, environmental and climate change law. (3) Undertake qualitative and quantitative independent research methods applicable in the administrative and legal dimension of international energy, environmental and climate change law. (4) Apply the multidisciplinary and comparative approach to energy, environmental and climate change law under International law. (5) Evaluate methods of current economic models, policy and legal tools in the realm of international law. (6) Undertake political thinking, anthropological and social aspects affecting energy, environmental and climate change law. (7) Apply the knowledge and know-how, skill (both verbally and written), and the professional approach and intuition required in from sector-specific energy, environmental and climate change law, through to the impact international economic business law on the three sectors. (8) Understand the core issues of the teaching modules, to use this knowledge as a foundation for research, and to retain that knowledge as a practical starting point for functioning in the professional world of international energy, environmental and climate change lawyers. 2. Skills: By the end of the study-unit the student will be able to: (1) Develop the aforementioned key anchor points of legal resources in International energy, environmental and climate change law. (2) Identify contemporary international scientific, socio economic, policy and legal issues relating to the areas under study. (3) Address underlying problems and learn from success stories in the international governance of energy, environmental and climate change law. (4) Apply legal instruments and management skills as tools for good international governance of the areas under study. (5) Apply thematic principles that aim at the negotiation/formulation of international regulatory instruments in the fields under study. (6) Apply the requisite and applicable legal framework in international negotiation, decision making and dispute settlement. (7) Conduct legal analysis without avoiding the issues, and without merely re-packaging pre-existing knowledge. (8) Employ existing knowledge to further research and expertise through assimilation leading to innovation by being proactive rather than reactive. (9) Lead in a professional environment by employing expertise to further the strategic goals of professional environment. (10) Appreciate the societal importance coinciding with the sectors concerned. Students who are successful and obtain this Masters degree will also be able to: (1) Synthesize the fundamental steps for a multi disciplinary approach in policy making and regulation of international energy, environmental and climate change law. (2) Analyze the complexities of meeting stakeholders’ competing interests on an international level in the three sectors. (3) Evaluate the options that lead to successful international negotiations re the above. (4) Analyze the requirements for effective international conflict resolution and dispute settlement. Main Text/s and any supplementary readings A. Books and Articles - Birnie, P., Boyle, A. and Redgwell, C. (2009), International Law and the Environment, 3rd edn, Oxford: Oxford University Press. - Brownlie, I. (2003), Principles of Public International Law’, 6th edn, Oxford: Oxford University Press. - Churchill, R.R. and Lowe, A.V. (1999), The Law of the Sea, 3rd edn, Manchester: Manchester University Press. - Harris, D.J. (2004), Cases and Materials on International Law, 6th edn, London: Sweet and Maxwell. - Shaw, M.N. (2003), International Law, 5th edn, Cambridge: Cambridge University Press. - Sands Philippe – Principles of International environmental law 2nd ed. Cambridge U.P., 2003. B. JOURNALS AND ARTICLES - Energy Law Journal (Available from 2007) from EBSCO database. - Journal of Energy and Natural Resources Law – Available from 2005 from EBSCO database. - Progress in Nuclear Energy – Available form University of Malta database. - Progress in Nuclear Energy, Series 8: The Economics of Nuclear Power including Administration and Law – Available from University of Malta database. - San Diego Journal of Climate law and Energy Law – Available from 2007 from EBSCO database. - Texas Journal of Oil, Gas and Energy Law - Available from 2007 from EBSCO database. - Georgetown International Law Review – Available from 1999 until 2008 from University of Malta Database. - International environmental agreement : politics, law and economics – Available from 2008 from EBSCO database. - Review of European Community and International environmental law – Available from 1998 from EBSCO database. - Yearbook of international environmental law – Available from 1990 until 2010 from EBSCO database. - Boston College environmental affairs law review – Available from 1990 from EBSCO database. - Buffalo environmental law journal – Available from 2010 from EBSCO database. - Duke environmental law and policy forum – Available from 1991 from EBSCO database. - Journal of Environmental law – Available from 1996 from EBSCO database. (To note: Several databases are available from the website of the University’s website, whereby several articles can be obtained mainly in PDF format. Some of these databases include De Jure, the EU Legal database and Lexis Library.) C. WEBSITES OF Sources of International Law United Nations Convention on the Law of the Sea (Montego Bay, 10th Decmber 1982, entered into force 16 Novemeber) 1833 UNTS 3;21 ILM 1261 (LOSC) – accessible through website http://www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf International Convention for the Prevention of Pollution from Ships (MARPOL), adoption: 1973 (Convention), 1978 (1978 Protocol), 1997 (Protocol - Annex VI); Entry into force: 2 October 1983 (Annexes I and II)- accessible through website http://www.imo.org/about/conventions/listofconventions/pages/international-convention-for-the-prevention-of-pollution-from-ships-(marpol).asp Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and 1996 Protocol Thereto – accessible through IMO website http://www.imo.org/OurWork/Environment/SpecialProgrammesAndInitiatives/Pages/London-Convention-and-Protocol.aspx United Nations Framework Convention on Climate Change The UNFCCC which was opened for signature on May 9, 1992, and it entered into force on March 21, 1994- accessible through website http://unfccc.int/key_documents/the_convention/items/2853.php Protocol to the United Nations Framework Convention of Climate Change (Kyoto Protocol) adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005 accessible through website: http://unfccc.int/kyoto_protocol/items/2830.php Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) which was opened for signature on 3 March 1973, and on 1 July 1975 it entered in force – accessible through website http://www.cites.org/eng/disc/what.php Convention on Biological Diversity (CBD) entered into force on 29 December 1993 – accessible through website http://www.cbd.int/intro/ and the Cartagena Protocol on biosafety which entered into force on 11th September 2003 – accessible through website http://bch.cbd.int/protocol/ Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal ( Basel Convention) was opened for signature on 22 March 1989, and entered into force on 5 May 1992 – accessible through website http://www.basel.int/Home/tabid/2202/mctl/ViewDetails/EventModID/8051/EventID/330/xmid/8052/Default.aspx Convention on Long-Range Transboundary Air Pollution which opened for signature on 13th November 1979 and entered into force on 16th March 1983 – accessible through website: http://www.unece.org/env/lrtap/ Convention on Nuclear Safety which was adopted in Vienna on 17 June 1994 – accessible through website http://www-ns.iaea.org/conventions/nuclear-safety.asp Vienna Convention on Civil Liability for Nuclear Damage which was adopted on 21st May 1963 and enterd into force on 12th November 1977 – accessible through website http://www.iaea.org/Publications/Documents/Conventions/liability.html The Vienna Convention for the Protection of Ozone Layer was adopted in 1985 and entered into force in 1988 – accessible through website http://www.google.com.mt/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=2&ved=0CDUQFjAB&url=http%3A%2F%2Fozone.unep.org%2Fpdfs%2Fviennaconvention2002.pdf&ei=xJIfUe5Uyc-yBv3NgfAI&usg=AFQjCNFfLRvQlXTNRr6oSwR1M118CLWt-A AND The Montreal Protocol on Substances that deplete the Ozone Layer which opened for signature on September 16, 1987, and entered into force on January 1, 1989 – accessible through website http://ozone.unep.org/pdfs/Montreal-Protocol2000.pdf Convention on the Transboundary Effects of Industrial Accidents was adopted on 17 March 1992, and entered into force on 19 April 2000 – accessible through website http://www.unece.org/env/teia/welcome.html The Energy Charter Treaty was signed in Lisbon in December 1994, together with a Protocol on Energy Efficiency and Related Environmental Aspects (PEEREA). The treaty and the protocol came into effect in April 1998. An amendment to the trade-related provisions reflecting the change from the General Agreement on Tariffs and Trade to World Trade Organization processes was also agreed at that time – accessible through http://www.encharter.org/index.php?id=28 International Convention for the Prevention of Pollution of the Sea by Oil which entered into force on 26th July 1958 – accessible through website http://www.ecolex.org/ecolex/ledge/view/RecordDetails?id=TRE-000135&index=treaties Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Aarhus, was signed on June 25, 1998 in the Danish city of Aarhus,and it entered into force on 30 October 2001 – accessible through website http://www.unece.org/env/pp/welcome.html International Convention on Civil Liability for Oil Pollution Damage 1969, renewed in 1992 – accessible through website http://www.admiraltylawguide.com/conven/civilpol1969.html Convention on Environmental Impact Assessment in a Transboundary Context which was signed in 1991 and entered into force in 1997 – accessible through website http://www.unece.org/env/eia/eia.html General Agreement on Tariffs and Trade (GATT), which commenced in 1948 The Marrakesch Agreement of 1994 which estblished the WTO [The agreements fall into a structure with six main parts: - The Agreement Establishing the WTO - Goods and investment — the Multilateral Agreements on Trade in Goods including the GATT 1994 and the Trade Related Investment Measures (TRIMS) - Services — the General Agreement on Trade in Services - Intellectual property — the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Dispute settlement (DSU) - Reviews of governments' trade policies (TPRM) All material accessible through website http://www.wto.org/english/docs_e/legal_e/legal_e.htm |
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| ADDITIONAL NOTES | Co-Requisite Study-Units: ERL5009, ERL5010, ERL5011 | |||||||||
| STUDY-UNIT TYPE | Lecture | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Felicity Attard Maria Attard Simone Borg Valentin Jeutner Jurgen Lefevere Lara Luisa Pace Tom Vanden Borre Jacob Werksman |
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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. |
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