| CODE | ECL5038 | |||||||||
| TITLE | Environmental Legislation and Policy of the European Union | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | Not Applicable | |||||||||
| ECTS CREDITS | 6 | |||||||||
| DEPARTMENT | European and Comparative Law | |||||||||
| DESCRIPTION | This credit is intended to familiarize the student with the Environmental Laws and Policies of the European Union, including the conventions ratified and acceded to by the European Union. It also discusses relevant Council of Europe Conventions which concern the environment as well international/regional conventions which have been acceded to by the European Community and form part of the environmental acquis. This unit is generally concerned with enabling the students to be in a position to know what the law on the subject is, to be familiar with pertinent case law which has been generated by the European Court of Justice and international and national tribunals as well as the main criticisms made to the environmental acquis. Learning Outcomes: This unit will assist the student to have a better grasp of the regulation of the environmental sector within the European Union and, to a certain extent, within the Council of Europe. Some of the most salient EU environmental laws will be studied together with the historical evolution of those directives, their relationship to international law where such is the case, the case law which has emanated on EU environmental law as well as the policies which have been developed by EU institutions in order to better protect the environment. The unit is studied from a critical perspective where students are not only requested to familiarize themselves with the laws and case law but to study these laws by attempting to constructively identify their deficiencies and to propose concrete solutions how to overcome such problems. The unit will focus on the European Union’s Programme of Action on the Environment, the basic sectors of European Union Environmental Legislation (water, air, wastes, chemicals, noise, flora, fauna, pollution and nuclear safety), specific aspects of European Union Environmental Law (e.g. prevention action, research, environmental impact assessment), protection of the cultural heritage and horizontal measures. Reading Material: Textbooks - Prof. Ludwig Kramer, EC Environmental Law, London, Sweet & Maxwell, 2000 (Fourth Edition). - Alexandre Kiss and Dinah Shelton, Manual of European Environmental Law, Cambridge, Cambridge University Press, 1997 (Second Edition). Case Law - Prof. Dr. Lugwig Kramer, European Environmental Law: Casebook, London, Sweet & Maxwell, 1993. - Prof. Dr. Ludwig Kramer, EU Casebook on Environmental Law, Oxford, Hart Publishing, 2002. Further Reading - Prof. Dr. Ludwig Kramer, EEC Treaty and Environmental Protection, London, Sweet & Maxwell, 1990. - Prof. Dr. Ludwig Kramer, Focus on European Environmental Law, London, Sweet & Maxwell, 1992. - Stanley P. Johnson and Guy Corcelle, The Environmental Policy of the European Communities, London, Graham & Trotman, 1989. - Directorate-General for Environment, Commission of the European Communities, European Community Environmental Legislation 1967-1987, 4 volumes, Brussels. - European Commission, Report of the European Commission of the European Communities to the United Nations Conference on Environment and Development, Brussels, June, 1992. - Graham Bennett, Air Pollution Control in the European Community: Implementation of the EC Directives in the Twelve Member States, London, Graham & Trotman, 1991. - Felicetta Lauria and Sergio Castelli, Codice Comunitario dell’Ambiente, Napoli, Editoriale Scientifica, 1986. - Andrew Hurrell and Benedict Kingsbury (eds.), The International Politics of the Environment: Actors, Interests and Institutions, Oxford, Clarendon Press, 1992. (Confer, in particular, Chapter 9 by Nigel Haigh, ‘The European Community and International Environmental Policy’ at pp. 228-252). - 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. - Patricia W. Birnie and Alan E. Boyle, International law and the environment. Oxford, Clarendon Press, 1992. - Philippe Sands, Principles of international environmental law I: frameworks, standards and implementation. Manchester, Manchester University Press, 1995. - Commission of the European Communities, Directorate-General XI (Environment, Nuclear Safety and Civil protection), European Community environment legislation. Office for Official Publications of the European Communities, 1992. (7 volumes). - Irina Braginets, Environmental Liability: Enforcement, Remedial Measures and Environmental Damages in the Scope of the European Commission’s White Paper, B.A. (Hons.) in European Studies Dissertation, European Documentation and Research Centre, University of Malta, 2002. - Tracy Porter, The European Union’s Incorporation Of thee Barcelona Convention for The Protection of the Mediterranean Sea Against Pollution 1976 in its Environmental Acquis: A Maltese Perspective, Department of International Relations, Faculty of Arts, University of Malta, 2003. - Gerd Winter (ed.), European Environmental Law: A Comparative Perspective, London, Dartmouth, 1996. - Joanne Scott, EC Environmental Law, London, Longman, 1998. - Thomas Handler (ed.), Regulating the European Environment, Wiley, 1997. 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. |
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| STUDY-UNIT TYPE | Lecture | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Grima Louise Spiteri |
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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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