| CODE | ERL5010 | |||||||||
| TITLE | Comparative Energy Environment 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 Comparative Law Systems - Energy, environmental and climate change and environmental law in the United States - Energy, climate change and environmental law in the Russian federation - Energy, climate change and environmental law in China - Energy, climate change and environmental law in Brazil - Energy, climate change and environmental law in Norway - Energy, climate change and environmental law in Small Islands States - Energy, climate change and environmental law in Africa 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 Comparative law component and is of an intensive level compatible with an Advanced LL.M. The study-unit will expose students to the basic principles of various legal systems in the field of EU 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 legal issues in these three sectors in particular countries or regions that have developed a substantial legal framework in these fields of law. The programme aims to deliver experts in the fields of energy, environmental law, climate change law in the US, China, small island states, Norway, Africa and the Russian Federation as well as ensure that experts in the sector remain up to date. Energy law, environmental law and climate change law in these countries or regions will be discussed within the context 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 of the strengths and weaknesses of the current legal framework concerned with energy, environmental and climate change law from an comparative 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 energy, environmental and climate change law in the various national legal systems undertaken. (3) Undertake qualitative and quantitative independent research methods applicable in the administrative and legal dimension of energy, environmental and climate change law on a national level and from a comparative law perspective. (4) Apply the multidisciplinary and comparative approach to energy, environmental and climate change law from a national/regional law perspective. (5) Evaluate methods of current economic models, policy and legal tools in the various national/regional law systems presented. (6) Undertake political thinking, anthropological and social aspects affecting energy, environmental and climate change law from a comparative law perspective. (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 economic business law on the three sectors in the various legal systems undertaken. (8) Comprehend 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 national/regional 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 national/regional energy, environmental and climate change law from a comparative perspective. (2) Identify contemporary scientific, socio economic, policy and legal issues applicable in the various national/regional legal systems relating to the areas under study. (3) Address underlying problems and learn from success stories in the governance of of energy, environmental and climate change law in various states and regions. (4) Apply legal instruments and management skills as tools for good governance of the areas under study within national legal systems and in various regions. (5) Apply thematic principles that aim at the negotiation/formulation of national and regional regulatory instruments in the fields under study. (6) Apply the requisite and applicable legal framework in negotiation, decision making and dispute settlement on a national/regional level. (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 his/her 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 energy, environmental and climate change law on a national/regional level. (2) Analyze the complexities of meeting stakeholders’ competing interests on a national/regional level in the three sectors. (3) Evaluate the options that lead to successful international negotiations re the above. (4) Analyze the requirements for effective European Union conflict resolution and dispute settlement. Main Text/s and any supplementary readings A. BOOKS - Legal Aspects of Carbon Trading – Editor :Freestone David and Streck Charlotte, Publication date 2010 and Print ISBN – 13 : 978-0-19-956593-1. - Energy law in Europe : national, EU, and international regulation / edited by, M. Roggenkamp . [et al.]. 2nd ed. Oxford U.P., 2007. cxxi, 1488. - Shifts in compensation for environmental damage /Albert Verheij, Michael Faure (eds.) ; with contributions by Tom Vanden Borre. - Compliance and enforcement in environmental law : toward more effective implementation / edited by LeRoy Paddock [et al.].Cheltenham, UK ; Northampton, MA : Edward Elgar, c2011. - Deterrence, insurability, and compensation in environmental liability :future developments in the European Union /Michael Faure (ed.) ; with contributions by James Boyd ... [et al.]..[000250712]. - Liberalization of electricity markets and public service obligations in the Energy Community / Rozeta Karova – Imprint Kluwer Law International, 2012. - Energy and environmental project finance law and taxation : new investment techniques / edited by Andrea S. Kramer & Peter C. Fusaro – Imprint Oxford U.P., 2010. - Climate law and developing countries : legal and policy challenges for the world economy / [edited by] Benjamin J. Richardson ... [et al.].- Imprint Edward Elgar, 2009. - Energy security : managing risk in a dynamic legal and regulatory environment / edited by Barry Barton ... [et al.], Imprint Oxford U.P., 2004. 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.) |
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| ADDITIONAL NOTES | Co-Requisite Study-Units: ERL5008, ERL5009, ERL5011 | |||||||||
| STUDY-UNIT TYPE | Lecture | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Catherine Banet Lucas Bergkamp Simone Borg Anatole Boute Antoine Grima Louis Kotze Daniel Rincon Qin Tianbao |
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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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