Study-Unit Description

Study-Unit Description


CODE ERL4000

 
TITLE Climate Change and International Law

 
LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
ECTS CREDITS 4

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION The study-unit will explain how the Maltese initiative evolved, what are the legal implications of climate change as a common concern of humankind, how salient developments at that time influenced the negotiations leading to UNFCCC.

The study-unit will assess the provisions of both the UNFCCC and the Kyoto protocol.

It will also examine Maltese and EU law implementing the obligations of both UNFCCC and the Kyoto protocol.

Study-unit Aims:

- To acquaint the student with the applicable legal regimes that address climate change.
- To identify the tools and methodology that may be applied in order to formulate climate change policy and law.
- To acquaint the student with the evolution of climate change law and policy.
- To identify an adequate legal framework that applies for mitigation measures to climate change.
- To acquaint the student with the possible options and strategies that may regulate adaptation measures to climate change.

Learning Outcomes

By the end of the study-unit the student will able to:
(a) Understand how international law has evolved to address climate change and to what extent has this process influenced international principles in general;
(b) Understand the legally binding commitments relating to climate change from an international, EU and national perspective.

Skills

By the end of the study-unit the student will able to formulate policy and legislation to regulate climate change negotiates within decision making bodies/amongst stakeholders applicable rules and policy instruments.

Reading List:

International Law

- UNGA, Protection of global climate for present and future generations of mankind‟ (6 December 1988), UN Doc A/RES/43/53.
- UNGA, Protection of global climate for present and future generations of mankind‟ (22 December 1989), UN Doc A/Res/44/207.
- UNGA, Protection of global climate for present and future generations of mankind‟ (21 December 1990), UN Doc A/Res/45/212.
- United Nations Framework Convention on Climate Change, 1992.
- Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1998.
- The Marrakesh Accords, 2001.

EU Law

- Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council.
- Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases.
- Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community‟s integrated approach to reduce CO2 emissions from light-duty vehicles.
- Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator.
- Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol.
- Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community‟s greenhouse gas emission reduction commitments up to 2020.
- Council Directive 85/337/EEC of 27 June 1985 on the assessment of certain public and private projects on the environment [1985] OJ L175/40, as amended by Council Directive 97/11/EC of 3 March 1997 amending - Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment [1997] OJ L73/5, and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC – Statement by the Commission.
- Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment.
- Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.
- Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances.
- European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste.
- Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste.
- Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars.
- Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment.
- Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market.
- Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants.
- Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings.
- Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport.
- Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC.
- Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity.
- Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage.
- Council Directive 2004/74/EC of 29 April 2004 amending Directive 2003/96/EC as regards the possibility for certain Member States to apply, in respect of energy products and electricity, temporary exemptions or reductions in the levels of taxation.
- Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol‟s project mechanisms.
- Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.
- Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control.
- Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community.
- Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC.
- Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community.
- Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles. 11

Maltese Legislation

- Motor Vehicles Registration and Licensing Act, Chapter 368 of the Laws of Malta.
- Excise Duty Act, Chapter 382 of the Laws of Malta.
- Malta Resources Authority Act, Chapter 423 of the Laws of Malta.
- Environment Protection Act, Chapter 435 of the Laws of Malta.

Subsidiary Legislation

- Subsidiary Legislation 356.09, Environmental Impact Assessment Regulations, 2007.
- Subsidiary Legislation 423.19, Promotion of Electricity produced from Renewable Energy Sources Regulations, 2004.
- Subsidiary Legislation 423.24, Use of Biofuels or other Renewable Fuels for Transport Regulations, 2004.
- Subsidiary Legislation 423.25, Minimum Requirements on the Energy Performance of Buildings Regulations, 2006.
- Document F – The Conservation of Fuel, Energy and Natural Resources (Minimum requirements on the Energy Performance of Buildings Regulations, 2006).
- Subsidiary Legislation 423.33, Energy Performance of Buildings Regulations, 2008.
- Subsidiary Legislation 427.17, Efficiency Requirements for New Hot-Water Boilers Fired with Liquid or Gaseous Fuels (Implementing Measures) Regulations, 2007.
- Subsidiary Legislation 427.18, Energy Efficiency Requirements for Household Electric Refrigerators, Freezers and Combinations thereof (Implementing Measures) Regulations, 2007.
- Subsidiary Legislation 427.24, Indication by Labelling and Standard Product Information of the Consumption of Energy and other Resources by Household Appliances Regulations, 2002.
- Subsidiary Legislation 427.64, Framework for the Setting of Ecodesign Requirements for Energy-Using Products Regulations, 2007.
- Subsidiary Legislation 435.37, Urban Waste Water Treatment Regulations, 2001.
- Subsidiary Legislation 435.47, Waste Management (Landfill) Regulations, 2002.
- Subsidiary Legislation 435.49, Integrated Pollution Prevention and Control Regulations, 2002.
- Subsidiary Legislation 435.50, Availability of Consumer Information on Fuel Economy and Carbon dioxide Emissions in respect of the Marketing of New Passenger Cars Regulations, 2002.
- Subsidiary Legislation 435.62, European Community Greenhouse Gas Emissions Trading Scheme Regulations, 2005.
- Subsidiary Legislation 435.64, Strategic Environmental Assessment Regulations, 2005.
- Subsidiary Legislation 435.69, Waste Management (Packaging and Packaging Waste) Regulations, 2006.
- Subsidiary Legislation 435.80, Prevention and Remedying of Environmental Damage Regulations, 2008.
- Subsidiary Legislation 435.84, Certain Fluorinated Greenhouse Gases Regulations, 2010.

Bills

- Building Regulation Act, 2009 (Bill No. 50). Books, Publications and ArticlesBirnie P., and Boyle, A.,, International Law and the Environment, 3 rd Edition, Oxford University Press, 2009.
- Brownlie, I., “Principles of Public International Law”, 6th Edition, Oxford University Press, Oxford 2003.
- DAMRO Chad - Iain Hardie - Donald MacKenzie, „The EU and Climate Change Policy: Law, Politics and Prominence at Different Levels, (2008) 4 (3) Journal of Contemporary European Research.
- DOLŠAK Nives, „Climate Change Policy Implementation: A Cross-Sectional Analysis, (2009) 26(5), Review of Policy Research.
- DOUGLASS Pfeiffer Sophia, „Ancient Lights: Legal Protection of Access to Solar Energy, (1982) 68 (3) American Bar Association Journal.
- MANSANET-BATALLER Maria - Ángel Pardo, „What You Should Know About Carbon Markets, (2008) 1 Energies.
- STALLWORTHY Mark, „Legislating Against Climate Change: A UK Perspective on a Sisyphean Challenge, (2009) 72(3), The Modern Law Review.
- TOWNSEND Harriet, „The Climate Change Act 2008 – Will it do the Trick? (2009) 11, Environmental Law Review.
- WETTESTAD Jørgen, „European Climate Policy: Toward Centralized Governance?‟ (2009) 26 Review of Policy Research.
- Climate Change, Prof David Attard, University of Malta Publications, 1990.
- The Maltese Initiative, edited by Simone Borg, published by the University of Malta, the Ministry of Foreign Affairs and the Ministry for Resources and Rural Affairs, 2009.
- Climate Change as a Common Concern of Humankind, LL.D. thesis Simone Scicluna 1991.
- Climate Law Journal by subscription www.iospress.nl

EU Documentation

- COMMISSION (EC), „Winning the Battle Against Global Climate Change‟, COM(2005)35 final (9 February 2005).
- Commission Decision of 29 November 2006 concerning the national allocation plan for the allocation of greenhouse gas emission allowances notified by Malta in accordance with Directive 2003/87/EC of the European Parliament and of the Council.
- COMMISSION (EC), „Communication from the Commission to the Council in accordance with Article 19(1) of Council Directive 2003/96/EC (operation of private pleasure craft), COM (2006)743 final (30 November 2006).
- COMMISSION (EC), 20 20 by 2020: Europe's climate change opportunity, COM(2008)30 final, (23 January 2008).
- COMMISSION (EC), „Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the Community, COM(2008)16 final (23 January 2008).
- COMMISSION (EC), „Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings (recast), COM(2008)780 final (13 November 2008).
- COMMISSION (EC), „Commission Staff Working Document: The role of European agriculture in climate change mitigation, SEC(2009) 1093 final (23 July 2009).
- COMMISSION (EC), „Report from the Commission to the European Parliament and the Council: Progress towards achieving the Kyoto Objectives,’ COM(2009)630 final (12 November 2009).
- COMMISSION (EC), „Excise Duty Tables Part II – Energy products and electricity, REF 1030 (January 2010).
- Community Guidelines on State Aid for Environmental Protection (2008).

Reports

- ATTARD David J. (ed), „The Meeting of the Group of Legal Experts to Examine the Concept of The Common Concern of Mankind in Relation to Global Environmental Issues, (UNEP 1991).
- CAN, „Preventing Dangerous Climate Change (2002).
- CLIENTEARTH, „The UK Climate Change Act 2008 – Lessons for national climate laws (November 2009).
- CLIMATE CHANGE COMMITTEE, Malta, „National Strategy for Policy and Abatement Measures Relating to the Reduction of Greenhouse Gas Emissions (Consultation Report, January 2009).
- CLIMATE CHANGE COMMITTEE, Malta, „National Strategy for Policy and Abatement Measures Relating to the Reduction of Greenhouse Gas Emissions (Final Report, 20 May 2009).
- CORE WRITING TEAM, Pachauri, R.K. and Reisinger, A (Eds.), Climate Change 2007: Synthesis Report. Contribution of Working Groups I,II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC, Geneva, Switzerland, 2007).
- DEBONO George, „Towards a Low Carbon Society: The Nation's Health, Energy Security and Fossil Fuels, (The Today Public Policy Institute, Malta 2008).
- DEPARTMENT OF INFORMATION, Malta, Press Release No. 2995, „Address by the Minister of Foreign Affairs of Malta Dr. Vincent Tabone to the Plenary Session of the United Nations General Assembly (24 October 1988).
- EUROPEAN WIND ENERGY ASSOCIATION - Greenpeace, „Wind Force 12 (May 2003).
- GÄRTNER Andrea, „Study on the effectiveness of Directive 1999/94/EC relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars (March 2005).
- GOVERNMENT OF MALTA, „National Strategy for Policy and Abatement Measures Relating to the Reduction of Greenhouse Gas Emissions (September 2009).
- HEAPS Charles and others, „Europe's Share of the Climate Challenge: Domestic Actions and International Obligations to Protect the Planet, Stockholm Environment Institute (2009).
- HOUSE OF REPRESENTATIVES, Malta, Eleventh Legislature, Minutes (15 January 2009): Sitting Number 71.
- HOUSE OF REPRESENTATIVES, Malta, Eleventh Legislature, Oral PQs (8 March 2010): Sitting Number 196. 130 IP/10/97, „Climate change: European Union notifies EU emission reduction targets following Copenhagen Accord (28 January 2010).
- MEMO/08/797, „Questions and Answers on the Decision on effort sharing‟ (Brussels, 17 December 2008).
- MEPA, „Malta‟s Biennial Report on Policies and Measures and Projected Greenhouse Gas Emissions, 2009 (May 2009).
- MEPA, „National Greenhouse Gas Emissions Inventory Report for Malta 1990 – 2008 (January 2010).
- METZ B., and others (eds), Contribution of Working Group III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (CUP, Cambridge, United Kingdom and New York, NY, USA 2007).
- MINISTRY FOR RESOURCES AND INFRASTRUCTURE, „Malta‟s Annual Report for 2006 submitted to fulfil requirements of Article 4 of Directive 2003/30/EC on the promotion of biofuels and other renewable fuels for transport (1 December 2007).
- MINISTRY FOR RURAL AFFAIRS AND THE ENVIRONMENT, „Memorandum on a Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (COM (2006)818 final), (2 July 2007).
- MRA, „Report on plans to achieve the set RES target of 10% by 2020 (14 January 2010).
- SAMMUT Charles V. - Alfred Micallef, „The First Communication of Malta to the United Nations Framework Convention on Climate Change (Ministry for Rural Affairs and the Environment, Malta) April 2004.
- STERN Nicholas, Economic Impacts of Climate Change (Cabinet Office, London 2006).
- SUSTECH CONSULTING, „Agricultural Waste Management Plan for the Maltese Islands (Final Report, June 2008).
- UNFCCC, Report of the Conference of the Parties on its First Session, Berlin, 28 March – 7 April 1995, FCCC/CP/1995/7/Add.1.
- UNFCCC, Report of the Conference of the Parties on its Seventh Session, Marrakesh, 29 October – 10 November 2001, FCCC/CP/2001/13/Add.1-Add.4.
- UNFCCC, Report of the Conference of the Parties on its thirteenth session, held in Bali from 3 to 15 December 2007, FCCC/CP/2007/6/Add.1.
- UNFCCC, Report of the Conference of the Parties on its fifteenth session, held in Copenhagen from 7 to 19 December 2009, FCCC/CP/2009/11/Add.1.
- UNGA, 43rd Session, „Letter dated 9 September 1988 from the Permanent Representative of Malta to the United Nations addressed to the Secretary-General‟ (12 September 1988) UN Doc A/43/241.
- UNGA, 43rd Session, „Annotated Agenda of the Forty-third Regular session of the General Assembly‟ (26 September 1988) UN Doc A/43/100/Add.1.
- UNGA, 44th Session, „Summary Record of the 21st Meeting‟, (25 October 1989) UN Doc A/C.2/44/SR.21.
- UNGA, 45th Session, „Progress achieved in the implementation of resolution 44/207 on protection of global climate for present and future generations of mankind. Report of the Secretary-General. Addendum‟, (8 November 1990) UN Doc A/45/696/Add.1.
- UNGA, 45th Session, „Summary Record of the 43rd Meeting‟, (14 November 1990) UN Doc A/C.2/45/SR..

Websites

- Ecologic Institute http://ecologic.eu
- Euractiv www.euractiv.com
- Europa http://ec.europa.eu
- FOE Malta www.foemalta.org
- IPCC www.ipcc.ch/
- MEPA www.mepa.org.mt
- The Big Ask www.thebigask.eu
- UN www.un.org/
- UNFCCC www.unfccc.int
- Works and Services Division www.resources.gov.mt

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Resit Availability Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S Simone Borg (Co-ord.)
Jotham Scerri Diacono
Charles Galdies
Antoine Grima
Stefano Moncada
Lara Luisa Pace
Louise Spiteri
Saviour Vassallo
Charles Emile I. Yousif

 
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 study-unit description above applies to the academic year 2018/9, if study-unit is available during this academic year, and may be subject to change in subsequent years.

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