TEACHER'S MANUAL - SECOND EDITION

INTRODUCTION


International environmental law is exciting to teach. It is a fascinating field that allows the professors, and the students, to ask some of the most important questions of the 21st century-questions that have profound ramifications for the quality of life of ours and future generations.

Global environmental problems are real and urgent; their resolution will require creative and responsible thought and action from many different disciplines, not the least of which is the law. The complexity of global environmental problems is magnified further when the needs of the poor are taken into account. Alleviating poverty on a global scale is as urgent in its own right as is protection of the global environment.

For international policymakers, the twin goals of environmental protection and poverty alleviation are joined rhetorically at least in the concept of sustainable development. In this simple formulation, we see the massive challenge that awaits us in the 21st century: how to alleviate poverty and maintain a high quality of life, while staying within the bounds of an ecologically limited and fragile biosphere. We hope this textbook will inspire both professors and students to join us in the search for how international law can help to meet this challenge.

Make no mistake, providing a broad-ranging treatment of the field makes International Environmental Law and Policy a long book. But, as the Hitch-Hiker's Guide to the Galaxy wisely cautions, "Don't Panic." The book is not intended to be read all in one semester. We have intentionally covered many issues that will not be a part of a core curriculum for three reasons. First, we recognize that professors have different areas of interest and expertise and, therefore, will wish to cover different areas in varying depth. Second, by addressing many different subjects, the book provides students with material for choosing research papers on a wide range of issues. Students in research seminars, in particular, will find that the book can help them get started on most issues relating to international environmental law. Finally, we believe taking a comprehensive view of the subject provides a truer picture of the dynamic breadth of the field and, in particular, its increasing intersections with other fields of law and policy.

I. Introducing the Subject: Why Take (or Teach) International Environmental Law?

Two types of students will typically be sitting in the first day of what seems to be a relatively specialized class like international environmental law. Students who for a variety of reasons are extremely interested in the subject and will take the course no matter what, and students who will be wondering 'why is this class relevant; why should they take this class?' For the teacher, the challenge is to show the subject's importance, to spark the interest, and to show the relevance to student's lives.

The Big Picture

We often start with the big picture. (In fact, we often start with a satellite photograph of the planet-see discussion of teaching strategies for Chapter 1). Big picture questions include:

· "What are the absolute limits of the biosphere, and how can we determine when we are approaching those limits?"

· "What are the limits of technology, and how far can technology alone reduce our environmental impact on the Earth?"

· "If technology cannot reduce the environmental impacts of the economy to the point where the planet can support a Western-level of consumption for all the world, how will the limited pie be divided between those who have and those who don't, between the billion in the developed world and the 5 billion in the developing world?"

· "How can we develop the post-consumer society we will need if we are to reduce our physical demands on the biosphere?"

· "What is the proper relation between government and the market in addressing global environmental issues?

· "And what is the role of international environmental law in answering these questions?"

Addressing such 'big picture' questions obviously requires taking an approach to international environmental law that extends beyond law to other disciplines. Although potentially somewhat daunting, it is precisely the scientific, economic, political and cultural aspects of international environmental issues that makes the teaching of international environmental law so potentially rewarding. The challenge for the teacher is to expose the students to these disciplines in a way that can capture the dynamic and exciting processes that currently drive international environmental law. In other words to reveal the wild environmental facts, the drama of real-world impact, and even the personal relevance of the field to our own lives.

The Wild Environmental Facts. The facts underlying international environmental law are inherently interesting, whether it is the science and the impacts of global climate change and ozone depletion, the extinction of wildlife and other species, or the threats to gender development to humans and other species from persistent organic chemicals. The facts are interesting because they often involve a scientific mystery, with inevitable conflict between different groups of scientists from industry, government, academia, and the public interest who are investigating the mystery (and trying to put their own spin on the how the media reports the science). As every good lawyer knows, the facts are often the key to winning or losing a case; they are also the key to a successful teaching experience. Spending additional time on the facts can motivate the student to understand the deep challenges we face in taking a balanced, yet effective, response to global environmental issues.

Drama. International environmental law involves drama. There is usually a human story involved, often with the drama of life and death, from the debilitating lack of clean water to the creation of 'environmental refugees' to the introduction of new disease vectors as a result of global warming. Other times the drama centers around wildlife, for example elephants, whales, dolphins, or sea turtles, which many students are passionate about. The drama is heightened by the underlying economic tensions. If villagers cannot benefit from selling elephant ivory why should they tolerate marauding elephants destroying their crops? If pesticides such as DDT are causing long-term, global environmental problems, what do we use instead to protect tropical inhabitants from the death of malaria? The drama is also geopolitical: why should developing countries expend resources toward solving global environmental problems, such as climate change and ozone depletion, which have largely been caused by industrialization in a relatively few, economically powerful countries? why in the name of long-term sustainability should poor countries slow their development now when it is needed to alleviate today's suffering?

Personal Relevance. Finally, international environmental issues also raise questions that go beyond our role as lawyers to questions involving how all of us - students and teachers - are living our lives today. It is easy to find examples of how we all contribute to the world's environmental problems, as well as examples of how we might improve our environmental profile. Many students are motivated to make changes in their own lives, as they learn more about their own role.

II. Introducing Overarching Themes.

We have found that identifying themes early in the course and highlighting them throughout the semester provides students with a real-world grounding in the subject and helps them to understand the creative tensions underlying international environmental law-making. The primary themes we highlight in teaching international environmental law are introduced below (and discussed in the Teacher's Manual for specific chapters, as well).

Ecological Limitations v. Economic Development

Underlying this book's treatment of international environmental law is the premise that current environmental problems are the inevitable result of an underlying clash between the goals of human economic development (frequently equated with economic growth) and physical limits of the planet's natural and ecological resources to assimilate the impacts of human activity. Efforts to resolve this conflict have led to the recent flurry of international environmental treaties and declarations, as well as more generally to the widespread acceptance of "sustainable development" as the appropriate goal for modern economies.

North-South Politics

Students often forget that issues important to us here in the United States (e.g., global warming or the preservation of biodiversity) may seem less urgent to developing, poor countries where there is an immediate need to alleviate poverty, provide sustenance levels of food and water, and ensure basic political and human rights. These North-South differences animate virtually all debates over international environmental law and policy. For example, efforts to reduce population growth in the South are met with claims for reduction in Northern consumption patterns; efforts to halt the clearcutting of Brazil's rainforest rightly result in finger-pointing at the Pacific Northwest's deforestation. This ties directly into the next theme.

International Regulation v. National Sovereignty.

International environmental law is the reflection of a creative tension between national sovereignty over resources and international need for greater cooperation. When viewed through the North-South dynamic, however, calls for protection of tropical forests to protect biodiversity and carbon sinks may sound ominously like foreign attempts to dictate the use of national resources. Overcoming this suspicion of "eco-colonialism" increasingly requires quid-pro-quo bargaining, whether over technology transfer or financial assistance. And this will need to address Northern fears, well-founded or not, of "international governments" meddling in domestic concerns.


Non-State Actors and Non-traditional Lawmaking v. State Monopoly over International Law-making.

The traditional view of international environmental law has described the field as almost exclusively the result of State-State relations, analyzing the resolution of disputes largely within the context of formal dispute resolution mechanisms. The book supplements this view of public international law with a non-traditional approach reflecting the more activist scholars and practitioners of international environmental law. This perspective, grounded in personal experience, views international environmental lawmaking as a complex interaction between States and non-State actors, ranging from environmental NGOs, corporations and trade associations to scientific academies and local governments. These non-State actors bring their influence on to bear international environmental law using everything from the media and scientific research to formal dispute resolution mechanisms.

Status Quo v. Need for Reform and Search for Solutions

The basic physical facts make clear that current international environmental law and policy is insufficient to meet the increasing seriousness of global environmental problems. Thus, teachers can present many of the chapters with the underlying question of what ought to be the approach in the future to specific international environmental issues. How can one develop institutions, procedures and rules for blending economic activity with protecting and preserving a sustainable future? Are international law and its institutions, as currently conceived, are capable of meeting this challenge?

Science v. Diplomacy

Much international environmental law is science-driven. Framework conventions are created to help organize scientific research and information in a form and in time to provide background and urgency to diplomatic negotiations. The role of science is particularly clear in the ozone depletion and climate change chapters, particularly in how the legal requirements developed in reaction to increased understanding of the physical problem. As with domestic legislation, however, the translation of scientific findings into practical law and policy is far from guaranteed.

III. Teaching Approaches

Law school professors teaching international environmental law may have a background in international law, in environmental law, or perhaps in development law, while other university professors may approach the topic as ecologists, environmental economists (or ecological economists), or with a background in another science such as biology. The textbook is designed to accommodate various backgrounds and approaches to teaching the subject.

Professors who teach international law will find much that is familiar in the textbook, although the majority of the material may be new. For example, the textbook includes the foundation of international law in Chapter 6, implementation and compliance in Chapter 8, and includes further discussion of traditional international law in the chapters addressing specific treaties (Chapters 9 through 14). Those who wish to emphasize a traditional approach could expand these materials, for example by providing additional excerpts from cases decided by the International Court of Justice, and other materials such as the Vienna Convention on the Law of Treaties and the International Law Commission's Draft Articles on State Responsibility.

In the view of the authors, however, international law in the classical sense is as much a part of the problem as it is a help. This is discussed, for example, in the last sections of Chapter 4, on "Ethics" and "Changing Behavior Through Theory: Reconceiving the World", where we discuss John Rawls, H.L.A. Hart, Chris Stone, and Philip Allott. In addition, considerable attention is given throughout the text to how international environmental law is different than traditional international law, including for example how corporations, non-governmental organizations, and other non-State actors participate (or don't participate, as the case may be).

Similarly, professors who approach the course from a background in environmental law will find some information that is familiar, including much of the discussion of science and the role it plays in the development of environmental law. Those professors steeped in U.S. environmental law, or the national environmental law systems of Western Europe or other developed countries, may be dismayed, however, with the contrast between the rigors of these national systems and the relative infirmities of the international systems. But this contrast raises some of the most interesting questions of the course, including:

· "Why has international law evolved the way it has-a State-centered system, with an impoverished set of legal tools for addressing transboundary and global issues?"

· "How can we make international environmental law more robust and more like the strongest national systems?"

· "Alternately, how can relatively strong national environmental law systems be used to address global environmental issues?"

Other professors may approach the course from a development perspective. The goal of international environmental law is to promote sustainable development. Sustainable development is designed to ensure that the needs of present generations are met without sacrificing the ability of future generations to meet their own needs. Concerns of social equity-both inter- and intra-generational are thus central to the concept of sustainable development. The tight integration of environmental and development concerns is a relatively recent phenomenon, being formalized at the 1992 Earth Summit. Sensitivity to the environment-development relationship sparks some of the most interesting classroom discussions, particularly if the class includes students from developing countries.

Teaching Tip No. 1: Teaching Current Events.

Throughout this teacher's manual, we include "Teaching Tips," simple strategies that we have 'field-tested' in the classroom. Our class experiences may be somewhat unique, in that approximately half of the students in our American University class are foreign LL.M. students, but we are confident that teachers will be able to benefit from our success (and failures) in the classroom.

Issues concerning international environmental law constantly arise in the daily news. We strongly recommend that our students read a major daily newspaper, and we start every class with five or ten minutes discussing breaking stories. (The New York Times is particularly good; and the Science section on Tuesdays always has relevant stories, as does the daily business section.)

From teaching this course for the past eight years, we have become convinced that spending time each class on the news provide significant benefits:

1) it ensures that students recognize the critical relevance of what they are studying;

2) it increases their attention and their enthusiasm for the class and the subject matter;

3) it provides an opportunity for the professor to keep current and to make new connections throughout the course (we often find that examples from the newspaper earlier in the semester allow us to drive home more general points later);

4) major developments in the news may allow for teaching opportunities and class exercises; for example, when the Kyoto Protocol was being negotiated in December of 1997, the run of newspaper articles leading up to Kyoto predictably allowed us to begin a mock negotiation that culminated at the end of the semester in the negotiation of our class's own Protocol, just two weeks before the actual negotiation.

In practical terms, if you know that a particular Conference of the Parties will be meeting during the semester, you will be able to gain many of the documents and hold a mock negotiation/meeting over the most interesting issues. We did this, for example, during the 1997 CITES Conference of the Parties controversy over proposals to split list the elephant and list commercially valuable mahogany trees. In the course on international institutions and the environment, we had the class prepare and submit comments on the draft international investment procedures promulgated by the US Overseas Private Investment Corporation, which was published for notice and comment in the Federal Register.

Whether to Require Prerequisites

If you are adding international environmental law to your curriculum for the first time, you may wish to consider whether to require either international law, or environmental law, or both as a prerequisite. We do not, partly to ensure that our many LL.M. students are able to take the course during the one academic year they are typically in residence. (As noted above, our average class is comprised of 50% or more foreign lawyers studying for an LL.M. degree. Most of these students have considerable knowledge of international law. Fewer have had environmental law, a topic still not widely taught in many parts of the world.) As a result, we probably must spend more time introducing students to basic concepts of international law and the basic language of environmental law. Requiring both prerequisites may unreasonably limit enrollment in a class, although it may be appropriate where the professor is planning to conduct the course as a smaller, more personal, research seminar.

III. Introduction to the Textbook

A. Organization of the Book


The textbook is organized into three parts. Part I provides the context for international environmental law and policy, addressing the role of economics, technology, religion, ethics, politics, science and law to the general field of international environmental law. In addition, Part I provides general introductions to the history of international environmental law, as well as international environmental law principles, institutions, lawmaking, compliance and dispute resolution mechanisms.

Part I thus provides the background and substantive themes for Part II's discussion of specific international environmental issues. For each international environmental topic addressed in Part II, we provide the political, economic and scientific context. This flows from our belief that studying legal approaches to an environmental problem without exploring the underlying causes provides, at best, a poor understanding of the issue. The negotiating process is highlighted as are implementation and compliance issues. Thus, each issue is addressed from 'cradle to grave.'

Part III of the textbook explores the relationship between the field of international environmental law and other related fields, particularly as they relate to the concept of sustainable development. Thus, for example, the intersection of international environmental law with international trade, finance, and human rights comprises Part III.

Part One

Part one provides the general context for international environmental law, answering in part some of the 'big picture' questions identified in the beginning of this Teacher's Manual. Chapter 1, "The Wild Environmental Facts," introduces the key environmental problems, at the global level, the transboundary level, and the more local level. It also introduces the critical issue of "scale"-to explain how big the industrial economy of the world can get before it hits the physical limits of the biosphere. Issues of scientific uncertainty, synergy, and "cliffs" are also introduced.

In the 2nd edition, we have integrated most of the material from the former Chapter 4 into Chapter 2, now called "The Root Causes." The first section, "Consumption, Technology and Population", continues explaining the broader context, by introducing the relationship between the wild environmental facts and consumption, technology and population, as related in the IPAT formula: Environmental Impact (I)= Population (P) x Affluence (A) x Technology (T). Chapter 1 also points out that we are all equally villain and (potential hero); the enemy is us. It also raises the question of where to direct the legal response we fashion for our environmental problems. To what extent should we use the law to regulate our consumption? Our population? The development and use of technology? The material from the former Chapter 4, "Changing Behavior to Respond to Environmental Limits", is premised on the belief that the "wild environmental facts" and the limits of the biosphere will force us to make international environmental law a more powerful force for achieving environmental sustainability. But because law is not the only way, and not always the best way, to change our behavior, the chapter discusses various other ways for changing society's norms and redirecting human behavior to sustainable development. The chapter first looks at "culture", refers students back to the discussion of our consumer culture, and then introduces the alternate culture of "deep ecology." The chapter also looks at what education is doing and could do to teach environmental values; and what role religion and ethics could and should play in building a sustainable society. Finally, armed with concepts of justice and equity, Chapter 2 thus examines what international law could be, to show that legal theory can provide a useful and empowering strategy for changing behavior to achieve sustainability.

Chapter 3, "Economics and Sustainable Development," introduces the concept of sustainable development, which addresses both environmental protection and poverty alleviation. It then reviews how our economic system can impede or promote environmental protection. This includes a discussion of the "tragedy of the commons", "environmental externalities" and the specific economic instruments the law can use to correct market failures by ensuring that these external costs are reflected in market prices. Chapter 3 then turns to ecological economics, and discusses the contribution this discipline is making to environmental sustainability. Further emphasis is given to the critical problem of "scale"-the size of the industrial economy relative to the absolute limits of the biosphere.

Chapter 4, "A Brief History From Stockholm to Rio," presents the North-South dynamic through a discussion of the 1992 Stockholm Conference and the 1992 Rio Earth Summit (and was Chapter 6 in the 1st edition). The chapter uses the different perspectives between the more developed Northern countries and the less developed (or developing) countries of the South to help explain the history of sustainable development. The challenge of international environmental law-making is to accommodate these different perspectives, and a tenuous North-South partnership has been emerging since the Rio Earth Summit in 1992, providing some optimism for the future.

Chapter 5, "International Institutions and Non-State Actors," explains who the players are in international environmental law, beginning with the key UN agencies and programs (and was Chapter 8 in the 1st edition). The chapter also provides a critique of the existing institutions and offers suggestions for reform. The critical role of non-State actors is addressed, including corporations and non-governmental organizations such as Greenpeace, World Wildlife Fund, Sierra Club, and the Center for International Environmental Law.

Chapter 6, "International Environmental Lawmaking," describes how international environmental law is made, and how the process is evolving to respond to the demands of the "wild facts." The chapter is both an introduction to the traditional international law-making process, and a critique of that process. The difference between robust national law systems and the international system is noted throughout, as is the growing role of non-governmental organizations in the international environmental law-making process.

Chapter 7, "International Environmental Principles," describes the central principles of international environmental law, including the polluter pays principle, the precautionary principle, environmental assessment, state responsibility, and so on. Because international environmental law is not as robust as national law systems, principles must play an even more important role in the law-making and implementation process. The principles are the legal building blocks for environmental sustainability, and they are critical for understanding how much further treaty law will have to evolve to have a fighting chance to achieve sustainability. When the specific environmental treaties are studied in Part Two, it will be important to ask which principles are reflected in each treaty, and which principles should be reflected. Understanding the principles-the building blocks-makes it easier to understand conceptually how the various environmental treaties have evolved and how they are related.

Part One concludes with Chapter 8, "Making International Environmental Law Work: Improving Compliance and Resolving Disputes". The chapter discusses whether international environmental law works and if so how it works. It is not sufficient merely to understand how to make international environmental law (Chapter 5); it also is necessary to understand how to make the law effective-how to ensure that it does the job it was designed to do, that it is fully implemented, and that it ultimately improves the environment. The relation with national law is also explored, as national law is critical to implementation of most environmental treaties. The relative weakness of sanctions at the international level is contrasted with national systems, where those who violate the law may be compelled to pay heavy fines or even go to jail.

In sum, the study of international environmental law requires an understanding of the problems of environmental degradation and their causes, of the legal process for addressing the problems, including the process of law-making, compliance, and dispute resolution, of the players who cause the problems and those who make and implement the law that addresses the problems, and of the legal principles that form the foundation for the treaty law that now dominates the field. This comprises the first part of the book.

Part Two

The second part of the book examines specific environmental problems and the treaties and other legal mechanisms created in response. Chapter 9 addresses pollution of the air and atmosphere, including ozone depletion, climate change, and transboundary air pollution. Chapter 10 address oceans, Chapter 11 rivers and lakes, Chapter 12 chemicals and hazardous wastes, Chapter 13 wildlife and biological diversity, and Chapter 14 the conservation of natural resources and habitats.

These specific problems and their treaty regimes are analyzed within the context presented in Part one, with the following cross-cutting themes emphasized:

· the relation of our scientific understanding of the problem to the legal response;

· the relation of the problem to the global economy;

· the evolution of the law-making process;

· the role of principles in fashioning the legal response;

· the role on non-State actors in the science and law-making;

· the North-South dynamic;

· the role of technology; and

· the domestic implementation and enforcement of the treaty.

Part Two thus applies the knowledge and insights from Part One on a problem-by-problem, and treaty-by-treaty basis. Chapters 9-14 also examine what factors were significant for building the consensus needed to conclude the specific treaty. We also consider how the current legal response measures up to what the world could and should be doing.

Part Three

Part Three of the textbook examines the intersection of international environmental law with other key fields of law. Chapter 15 addresses the relationship between environmental law and international trade and investment; Chapter 16, the relationship between human rights and the environment; Chapter 17, the relationship between environmental protection and national security; Chapter 18, international standards for corporations; Chapter 19, the extraterritorial application of domestic environmental law; and Chapter 20, environmental protection and international finance.

The chapters in Part Three also can be used as the starting point for separate courses or research seminars.

B. About the Excerpts

As described above, in order to provide a useful context and conceptual framework for understanding specific issues, much of the book is original text. We do, however, include a wide range of excerpted documents. When we have excerpted original documents, we have done so for four distinct purposes:

Basic Texts

The relevant texts of all the major international environmental law treaties, UN resolutions, and other legal documents discussed in the text are excerpted in specific chapters throughout the book. Thus the course can be taught entirely from the book. For those professors who wish their students to read the entire document, we have also made available a Treaty Supplement at an affordable price with thirty documents.

Provocation

We have included a number of excerpts whose arguments students should find provocative, even if they disagree with the authors. The writings of Richard Lamm on triage ethics (Chapter 2), Paul Ekins on consumption (chapter 2), Phillip Allott on the development of international law (chapter 6), and Herman Daly and Robert Costanza on ecological economics (chapters 2 and 3), for example, have proven very successful in our classes because they challenge the students' pre-conceived notions of consumption, the nation-State, and economics. The Teacher's Manual will describe in detail how to harness these excerpts to promote lively class discussion.

Differing Viewpoints

While in some instances we summarize the different policy and legal arguments around an issue, in many cases we have sought to present the various positions in the advocates' own words. Thus, for example, the section on whaling provides excerpts from Greenpeace and the Japan Whaling Association.

Authoritative

In some cases, there is no substitute for the original source and we don't even try to summarize, preferring to let the authors speak for themselves--Rawls on justice and the veil of ignorance, Lester Brown on resource scarcity, Ambassador Tommy Koh on the Earth Summit's negotiations, Edith Brown Weiss on intergenerational equity, etc.

C. Questions and Discussion

Almost every section in the book is followed by a Questions and Comments section. In addition to questions that stimulate the students' understanding of a specific issue, the section brings up issues that are indirectly related to the specific topic. All the questions posed are answered in the Teacher's Manual. Following many of the treaties, the Questions and Discussion section includes a question called, Working the Treaty. This contains specific questions that can only be answered by students reading the treaty text carefully.

D. Problem Exercises

For more extended exploration of a specific issue, there are a number of problem exercises in Parts II and III of the book. These may require students to negotiate an agreement, write a brief, draft a memo, or some other analysis of the legal or policy issues. Chapter 10, for example, on Oceans and Seas, has the greatest number problem exercises, concerning mining of the deep seabed, marine transport of plutonium from Japan to France, straddling fish stocks, decommissioning of oil platforms, and decommissioning of nuclear subs. We recommend you include a number of problem exercises in your syllabus in order to engage the students in the practical challenges of interpreting and applying the law. The Teacher's Manual will provide further guidance for conducting the exercises.

E. Wired to the Internet

International Environmental Law and Policy has its own web page that includes recent developments, essential in this fast-changing field. The site provides hypertext links to important treaties and institutions as well as to relevant governments, industry and NGO sites. In addition, each chapter of the textbook includes World Wide Web cites to relevant information. We suggest encouraging or even requiring students to access the web and share information they find there. This has the benefit of forcing students (and perhaps even their professors!) to become familiar with this increasingly important research tool. The address is <http://www.american.wcl.edu/environment/IEL>.

In an effort to keep the book from contributing even more to deforestation, we were unable to include all the subjects we would have liked to cover. As a compromise, we have placed a number of additional sections on the web site. In particular, you will find separate sections on the institutions of the European Union (Chapter 5), liability for oil pollution (Chapter 10), turtle conservation (Chapter 13), coral reef protection (Chapter 14), additional treaty excerpts for the Brent Spar problem exercise (chapter 14), etc. Easily accessed and printed off the Web, you can treat use these sections to supplement the casebook in creating your syllabus.

Model Syllabi for Your Own Course

The book was not designed to be taught straight through. Rather, we encourage professors to select sections that reflect their own interests and concerns, as well as the other related courses that may be taught at their law school. (For example, because we offer a separate course on "Trade and Environment" we generally keep the discussion of trade in our general international environmental law course to a minimum. Similarly, we offer a separate course on the "Extraterritorial Application of Domestic Environmental Law", and thus omit Chapter 20 from our basic course.)

Regardless of your background or emphasis, there are certain key chapters you will likely want to include, such as parts of Chapter 1 on the wild environmental facts, parts of Chapter 5 on the major players, parts of Chapter 6 on lawmaking, parts of Chapter 7 on principles, and parts of Chapter 8 on implementation, compliance, and dispute resolution. Beyond these basic sections, however, there are countless ways to present the material in a coherent and interesting fashion. To help you get started, we have prepared several model syllabi with different emphases. Each syllabus is designed for a 3-credit semester course that meets for one hour, three times a week, for thirteen weeks. Reading assignments are selected to run approximately 30 pages for each class.


Model Syllabus No. 1: The Development of International Environmental Law

This syllabus lays out the basic course we teach. It is intended to provide a balance between practice and theory, law and policy, and traditional and non-traditional approaches to international environmental law. This syllabus includes all of Part I, in order to develop a conceptual framework for understanding the treaty regimes in Part II and the intersection with other legal fields in Part III. Only five treaties from Part II are included (Chapter 10 on air, with the LRTAP, ozone, and climate treaties is critical; we also recommend Chapter 14 on wildlife and biodiversity, with CITES and the Biodiversity Convention, although other treaties can be selected). Finally, three chapters from Part III are included (Chapter 16 on trade, investment and environment, Chapter 17 on human rights and environment, and Chapter 21 on environmental protection and international finance).

Model Syllabus No. 2: International Environmental Law in Practice

Emphasizing the Ahard law@ aspect of international environmental law, this syllabus includes less of the context from Part I, and includes all of the treaties in Part II, and most of Part III. The focus is on the practical implementation issues in protecting the international environment. This syllabus addresses what most students consider the Aguts@ of international environmental law and read about in the newspaper. This syllabus employs more in-class problem exercises than do the other courses.

Model Syllabus No. 3: International Law and Sustainable Development

This syllabus emphasizes the concerns, principles and instruments that focus on the development side of sustainable development. The course is aimed at highlighting the challenges of integrating environmental protection with other developmental and social goals. Thus, for example, the course emphasizes Part III, and the relationship of international environmental law to international trade, human rights, national security and international finance and investment. It includes much of the context from Part I, but fewer treaties from Part II.

Model Syllabus No. 4: International Environmental Law for Non-Lawyers

For those professors using the book in an undergraduate course or a graduate course outside the law school, this syllabus emphasizes the policy issues associated with protection of the international environment. In this context, the legal issues should be viewed instrumentally-that is, as the dominant, though not unique, means the international community uses to further environmental protection goals.



Model Syllabus No. 1
The Development of International Environmental Law

This syllabus lays out the basic course we teach, and is intended to provide a balance between practice and theory, law and policy, and traditional and non-traditional approaches to international environmental law:

# It includes all of Part I, in order to develop a conceptual framework for understanding the treaty regimes in Part II and the intersection with other legal fields in Part III.

# From Part II, it includes Chapter 10 on air (transboundary, ozone, and climate); and Chapter 14 on wildlife and biodiversity. (One or two other treaties could be used in lieu of Chapter 14, depending on the professor's interest.)

# Finally, from Part III, three chapters are included: Chapter 16 on trade, investment and environment, Chapter 17 on human rights and environment, and Chapter 21 on environmental protection and international finance.

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The Development of International Environmental Law

Introduction

1. The Wild Environmental Facts, Chapter 1: 1-42.
Introduces the basic environmental problems at the global, transboundary, and local level.
Describes the Anon-linear@ nature of many problems. Also presents the problem of
Ascale@--the size of the human economy relative to the limits of the Earth, or biosphere.


Consumption, Technology and Population: the IPAT Formula

2. Consumption, Chapter 2: 44-69.
Introduces sustainable development, and distinguishes it from growth. Describes the consumption that drives the industrial economy. Explores the relationship with advertising. Introduces the IPAT formula.

3. Technology, Chapter 2: 69-86 and Population, Chapter 2: 86-100.
Describes the promises of technology within the IPAT formula. Discusses relationship with economy and problems from failing to internalize environmental costs in prices. Reviews other obstacles to technology as a two-edge sword that can itself cause environmental problems.
Explores the population problem in terms of number and per capita consumption. Discusses population policies, including need to alleviate poverty.


Sustainable Development and Economics

4. Sustainable Development & Economics. Chapter 3: 125-145.
Elaborates sustainable development, and introduces basics of environmental economics, including the tragedy of the commons, externalities, valuation, and legal strategies for internalizing externalities.

5. Integrating Ecology and Economics, Chapter 3: 145-164; Chapter 15: 1125-1146.
Describes efforts to revise GNP to reflect environmental costs. Presents ecological economics, emphasizing Ascale@ of development and income distribution, as well as allocation efficiency. Defines >environmental sustainability.@ Discusses value of community versus cost of globalization. Excerpt from Chapter 16 presents the case for and against liberalized international trade.


Changing Behavior to Respond to the Wild Environmental Facts

6. Deep Ecology, Education, Politics, Religion, and Ethics, Chapter 2: 100-122.
Discusses ways other than law to redirect human behavior toward sustainable developments, including culture, education, politics, and religion. Also discusses ethics, including Professor Chris Stone and John Rawls.

7. Legal Philosophy as Catalyst for Changing Behavior. Chapter 6: 272-291; 320-332.
Discusses the value of legal philosophy for reconceiving human society to pursue sustainable development, including H.L.A. Hart's Aminimum content of natural law@ and Phillip Allott's essay deconstructing the origins of international law and society to demonstrate that we have the ability to reconceive a more just and effective international society and legal system.


International Environmental Law-Making

8. Treaty Law-Making, Chapter 6: 272-309 plus Problem Exercise on Reading a Treaty in the Teacher's Manual.
Describes what a treaty is and the process for the building consent among the States. Discusses classic State-centered international law system and problems it presents for developing legal tools to achieve sustainable development. Explores critical role of science, and expanding role of NGOs. Notes differences between international law and robust national law systems. Problem Exercise presents questions for reading a treaty.

9. Customary Law and General Principles, Chapter 6: 310-349.
Describes customary law-making process, and general principles , which along with treaties, are the three traditional sources of international law. Emphasizes potential importance of general principles, as more universal source of depending less on consent of States, in relation to discussion of H.L.A Hart and Phillip Allott in Chapter 4, as well as in separate opinion by Judge Weremantry in a recent ICJ environmental case. Judicial decisions and writings of publicists also noted.

10. Innovations in International Environmental Law-Making, Chapter 6: 349-370.
Discusses recent innovations to strengthen international environmental law-making, including innovations to overcome traditions problem of consent.

11. History of International Environmental Law from 1972 Stockholm to 1992 Rio, Chapter
4: 166-216.
Presents the North-South dynamic underlying sustainable development, and basis for tenuous N-S partnership for future.

12 & 13. Basic Legal Principles of International Environmental Law, Chapter 7: 371-438.
Describes central principles of international environmental law, including polluter pays principle, precautionary principle, environmental assessment, state responsibility, etc. Cites to use of principles in specific treaties, which are analyzed later in Part II.

14 & 15. International Environmental Institutions, Chapter 5: 217-271.
Describes key institutions, including UNNEP, UNDP, Commission on Sustainable Development. Critiques institutions and suggest reform. Analyzes role of non-State actors, including corporations and NGOs.

16 & 17. Making International Environmental Law Work, Chapter 8: 439-496.
Discusses whether and why States comply with int'l environmental law, and how to make law more effective in improving environment. Includes discussion of positive measures.


International Air Pollution: Transboundary, Ozone, and Climate Changes

18. Introduction, Customary Principles, LRTAP, and Problem Exercise on Indonesian Fires, Chapter 9: 497-526.
Discusses Trail Smelter case and LRTAP convention. Presents problem exercise on Indonesian fires.

19. Ozone Depletion, Chapter 9: 526-558.
Discusses science and economics of ozone depletion, and negotiation of frame work convention, protocol, and subsequent adjustments and amendments. Ties back to discussion of law-making in Chapter 5.

20. Ozone Depletion, cont., Chapter 9: 558-588.
Discusses current status of ozone layer, and cross-cutting themes.

21. Climate Change, Chapter 9: 588-616.
Discusses science and impacts, responses, and global politics of climate debate.

22. Climate Change, cont., Chapter 9: 616-649.
Discusses Framework Convention and recent protocol.

23. Climate Change, cont., Chapter 9: 650-653 and Problem Exercise on Liability for Sea-
level Rise.
Discusses cross-cutting themes. Problem exercise asks students to assume the role of the legal advisor for a group of low-lying island States, and to analyze how liability might be imposed on the developed States causing climate change and the subsequent sea-level rise that threatens to submerge their territory.


Biological Diversity

24. Biodoversitiy: Background, Chapter 13: 909-932.
Describes the science and economics of biodiversity, as well as North-South issues.

25. Biodiversity cont., the Convention, Chapter 13: 932-964.
Analyzes the Biodiversity Convention.

26. Biodiversity cont., Cross-cutting Themes, Chapter 13: 964-976.
Discusses the cross-cutting themes.


Wildlife

27. Introduction, and CITES Convention, Chapter 13: 936-1007.
Introduces facts, focusing on whales and dolphins, and the CITES Convention.

28. CITES, cont., including Amendments and Cross-cutting themes, Chapter 13: 1007-1026.
Discusses amendment process, and cross-cutting themes.


Trade, Investment, and Environment

29. Introduction to the Trade and Environment Debate, and the Trade System, Chapter 15:
1125-1163.
Discusses the benefits and costs of trade to human welfare and environmental sustainability. Introduces the WTO/GATT, and the three core obligations. N.B. that pp. 1125-46 were assigned during week 5 as well.

30. WTO/GATT, cont., Environmental Exceptions, Relationship with Environmental
Treaties, and other WTO/Environmental Issues, Chapter 15: 1163-1184.
Discusses Art. XX environmental exceptions, use of trade measures in environmental treaties and other possible conflicts with trade obligations, dispute settlement, committee on trade and environment, and public participation.


Trade in the Americas

31. NAFTA, including the Environmental Side-Agreement, Chapter 15: 1184-1229.
Discusses environmental provisions in NAFTA itself, and introduces environmental side-agreement.

32. NAFTA, cont., Side-Agreement, US-Mexico Border Agreement, NAFTA's Environmental Impact, and Trade Liberalization throughout the Americas, Chapter 15: 1229-1260.

33. European Union; proposed Multilateral Agreement on Investment, Chapter 15: 1268-
1278.
Presents a brief introduction to the European Union, which is supplemented with further material on the web page. Introduces MAI.


Human Rights and the Environment

34. Introduction to the Human Rights System; Using Existing Rights; Creating New Rights,
Chapter 16: 1280-1374.
Describes the UN and regional human rights systems, how current rights can be used to protect environment, and how new rights might be created.

35. Indigenous Peoples; National Legal Protection, Chapter 17: 1375-1404.
Discusses rights of indigenous peoples, with case study of Huaorani. Also use of national law, with examples of India and South Africa.


International Finance

36. International Finance, Chapter 20: 1474-1505.
Discusses World Bank group, and NGO efforts to green it, including the creation of the Independent Inspection Panel. Debt programs, regional banks, and the GEF also analyzed.

37. Review



Model Syllabus No. 2
International Environmental Law In Practice

Emphasizing the "hard law" aspect of international environmental law, this syllabus focuses on the practical implementation issues in protecting the international environment. Much of the material concentrates on the treaty frameworks addressed in Parts II and III. This syllabus addresses what most students consider the "guts" of international environmental law and read about in the newspaper. The course has a strong emphasis on in-class problem exercises.

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International Environmental Law In Practice


1. The Wild Environmental Facts 1-26
2. Ecosystem Limits 26-35, 62-69, 86-100
3. Economics and Environmental Protection 125-145, 154-162
4. A Brief History of Sustainable Development 166-204
5. The Players 219-230, 233-241, 254-271

6. International Lawmaking: Treaties 272-309
problem exercise in Teacher's Manual
7. International Lawmaking: Customary and Soft Law 310-315, 349-359
8. Implementation and Compliance 448-479, 488-496

9. Introduction to Air Pollution 498-513, 424-428
10. Ozone Depletion: Creating the Law 526-558, 405-411
11. Ozone Depletion: Refinement and Implementation 561-588, 383-389
problem exercise
12. Climate Change: Background 588-616
13. Framework Convention and Berlin 616-629, 402-404
14. Kyoto and Joint Implementation 629-653, 1501-1505
problem exercise

15. Basel Convention 830-848, 412-415
16. International responses to Basel 848-863
17. Chemicals in Commerce 866-892
18. Shipbreaking problem exercise 911-913

19. Introduction to Law of the Sea 654-691
problem exercise
20. MARPOL (compliance and enforcement) 707-731
21. London Convention, 1972 731-742
choose one of two problem exercises
22. Deep Seabed Mining (common heritage) 759-768
problem exercise
23. Fisheries Conservation 690, 699-707, 309-402

24. Whales and Whaling 977-995
25. CITES 923-932, 1005-1027
26. Biodiversity Convention 909-923, 932-941
27. Biotechnology and Intellectual Property Rights 941-969

28. Antarctica 1044-1068
29. Desertification 1109-1124
30. Protection of Forests: Background 1075-1092, 379-389
31. Protection of Forests: Failure of the Law 1092-1109, 1507-1508

32. Introduction to the Trade and Environment Debate 1125-1159
Problem Exercise
33. Article XX 1159-1177
34. The WTO, and a glimpse at the EU 1177-1190, 1260-1268
35. NAFTA 1190-1225
36. The NAFTA Side Agreement 1225-1244, 1247-1252
37. Foreign Direct Investment 1268-1278

38. Extraterritorial Application of Domestic Law 1434-1462

39. Review Class


Model Syllabus No. 3
International Law and Sustainable Development


This syllabus emphasizes the concerns, principles and instruments that focus on the development side of sustainable development. The course is aimed at highlighting the challenges of integrating environmental protection with other developmental and social goals. Thus, for example, the course emphasizes Part III, and the relationship of international environmental law to international trade, human rights, national security and international finance and investment. It includes much of the context from Part I, but fewer treaties from Part II.

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International Law and Sustainable Development

Week One:
Chapter 1: Introduction of Ecological Limits and Global Environmental Problems
Chapter 2: Ekins

Week Two:
Chapter 3: Introduction to Economics

Week Three:
Chapter 6: History of Sustainable Development, emphasis on Rio Conference
Chapter 7: Principles (skim)

Week Four:
Chapter Five: International Law-making

Week Five:
Chapter 9: Climate Change

Week Six:
Chapter 11: Water and Use of the Principles

Week Seven:
Chapter 10: Oceans, emphasis on fisheries and development of customary law

Week Eight:
Chapter 13: Biodiversity and CITES

Week Nine:
Chapter 15: International Trade and the Environment

Week Ten:
Chapter 20: International Financial Institutions and the Environment

Week Eleven:
Chapter 16: Human Rights and the Environment

Week Twelve:
Chapter 17: Environmental Security

Week Thirteen
Chapter 12: POPs Negotiation, Review

Model Syllabus No. 4:
International Environmental Law for non-Lawyers

For those professors using the book in an undergraduate course or a graduate course outside the law school, this syllabus emphasizes the policy issues associated with protection of the international environment. In this context, the legal issues should be viewed instrumentally -- i.e., as the dominant, though not unique, means the international community uses to further environmental protection goals.

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International Environmental Law for non-Lawyers

1. The Wild Environmental Facts 1-42
2. Limits to Growth: Consumption 43-68
3. Limits to Growth: Population 82-97
4. Technology 69-86, 471-474, 965-968,
5. Cultural Values 100-118
6. Economics and Environmental Protection 166-204
7. A Brief Environmental History 276-313

8. The UN System 217-254
9. International Financial Institutions 1474-1505
10. Non-State Actors 251-271
11. Treaties and Customary Law 291-313, 371-378
12. Compliance 448-479

13. Introduction to Air Pollution: Trail Smelter 497-512, 424-428
14. Ozone Depletion: Creating the Law 526-558, 405-411
15. Ozone Depletion: Making It Work 558-584, 586-588
16. Climate Change: Background 588-616
17. Framework Convention and Berlin 616-629, 383-389
18. Kyoto and Joint Implementation 629-653, 412-415

19. Hazardous Waste Trade 830-863
20. Shipbreaking problem exercise 863-865

21. Introduction to Law of the Sea 654-673
22. London Convention, 1972 731-747
23. Fisheries Conservation 673-707
24. Whaling 976-995

25. Biodiversity Convention 909-941
36. Biotechnology and Intellectual Property Rights 941-969
37. CITES 1005-1027, 398-402

28. Antarctica 1044-1068, 389-398
30. Protection of Forests: Background 1092-1109, 1507-1509
31. Protection of Forests: Limits of the Law 1128-1146, 1492-1494

32. Introduction to the Trade and Environment Debate 1125-1159
33. Article XX 1159-1177
34. NAFTA 1190-1225, 1247-1252

35. Human Rights 1280-1337
36. Human Rights: Rights of Indigenous Peoples 1367-1374
37. International Corporate Standards 1405-1432

38. National Security and the Law of War 1363-1404

39. Review Class