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Environmental Law
Courses - International Environmental Law

Comparative Environmental Law (3)
Presents different approaches for protecting the environment through national environmental legislation. Emphasis is given to the major components of modern environmental legal systems, including environmental impact assessment, access to environmental information, science-based environmental standards, and implementation of international agreements, including Agenda 21. The approach is practical, to emphasize the policy trade-offs inherent in designing and implementing environmental law and policy. Draws upon examples from civil and common law systems as well as from developing and industrialized countries. Hunter & Lacasta

Comparative Law: Environmental Impact Assessment (3)
This course will analyze requirements for environmental impact assessments under a variety of legal requirements in different counties, international organizations (UN, World Bank, IMF), and states in the United States. The focus will be the U.S. federal law---National Environmental Policy Act (NEPA)---which requires the preparation of an environmental impact statement on proposals for federal action likely to have a significant impact on the human environment. The class will look at the practice as well as the legal requirements in the US and elsewhere, including case law. Sub-topics will include ecosystem analysis, environmental justice, biodiversity, cumulative impacts, socio-economic issues, and public involvement. There will be a number of problem solving exercises, including role-playing by the students. Cohen (Spring)

Comparative Urban Environmental Law (3)
 Almost half the human population now lives in cities and this number is increasing rapidly, particularly in the developing world. This seminar examines the range of environmental challenges posed by the "urbanization" phenomenon. These challenges include poor sanitation, contaminated water, inadequate housing, smog, solid waste, and industrial products. Students will explore the role of law and legal institutions in meeting these challenges. The particular emphasis will be on problems and approaches in developing countries and economics in transition. Dannenmaier (Summer)

Democracy and the Environment: Citizens, States, and Rule of Law in Sustainable Development (2)
 Explores the role of law in securing a framework for citizen participation in the design and implementation of environmentally sustainable development policies. Students explore the theory behind citizen participation, review the legal context of intrasocietal relationships, and examine comparative legal models for citizen participation in environmental issues. Dannenmaier

Global Warming: A Defining Environmental Problem for the 21st Century (3)
This course will provide a thorough knowledge of the emerging law of global warming, focusing on the Kyoto Protocol and its underlying policy considerations. It will begin with an overview of the science and policy of global warming, its causes, impacts and possible regulatory responses. The body of the course will consist of in-depth analysis of the Kyoto Protocol, covering core obligations (regulated gases and sectors, obligated Parties, and levels of commitment); the "flexibility mechanisms," and land use and forestry ("sinks") options in developed and developing countries. It will explore strategies for assisting developing countries achieve sustainable energy paths, including special "protection funds" for adaptation and compensation. It will also examine the role of private companies in implementing the Protocol and the ground-breaking proposals for a compliance system. We will spend the last few weeks of the course looking into the future, examining possible domestic implementation schemes and thinking "long term" about where the Protocol needs to go and how to get there. Towards the end of the course we will conduct a "mock negotiation." This negotiation will be based largely on the issues planned for negotiation at the next round of official meetings. As a bonus for the truly dedicated, CIEL is exploring the possibility of bringing students to the next round of negotiations in June 2001. Goldberg (Spring)

International Application of U.S. Environmental Law (2)
 Provides a solid understanding of the current state of U.S. environmental laws applicable to international actions, including exports. Students investigate the ways these provisions fit into the general structure of U.S. environmental law and explore the social policy and political choices implicit in environmental law. Breen and Hagen

International Energy Law (4)
This course focuses on business transactions in the energy sector using the international petroleum sector as a case study. In particular, the course will address both the regulatory and contractual issues raised by international transaction sin this area. Topics to be studied include basic concepts in natural resource law, petroleum law, investment law, contract management, border/jurisdiction delimitation; offshore marine pollution, environmental regulation of oil and gas; and negotiation of international petroleum agreements. Gao (Summer)

International Environmental Law (3)
Presents a contemporary perspective on international environmental law focusing on specific environmental threats and the most recent developments of the law. The course includes case studies of global warming and sea level rise, export/import of hazardous waste, the problem of ghost driftnets abandoned in the global commons of our marine environment, the endangered African elephant, continued whaling by Japan and Iceland, and the protection of aboriginal peoples. Attention also is given to the general foundations of international environmental law, and its relationship to human rights law and international trade law. Hunter and Zaelke (Fall & Spring)

International Wildlife Law and Biodiversity (2)
 Considers the fate of the world's wildlife and biological heritage, from whales and elephants to rain forests and coral reefs. This course surveys the most important international agreements on the protection of species, habitats, and ecosystems, such as the Convention on Biological Diversity. It reviews the international implications of selected domestic laws, which are examined within their scientific, economic, political, and cultural contexts. Students also explore the relationship between these laws and other fields of law, including human rights, indigenous peoples' rights, trade, and intellectual property. Downes and Hunter (Spring)

Human Rights and Environmental Law(2)
 Examines the interaction between human rights law and environmental law. Topics include methods of using existing human rights laws to protect environmental resources and promote sustainable development and how environmental law and the emerging principels of sustainable development might be used to further human rights, including the right to life. Zaelke (Summer)

Seminar: Comparative Environmental Law (2)
 Presents different approaches for protecting the environment through national environmental legislation. Emphasis is given to the major components of modern environmental legal systems, including environmental impact assessment, access to environmental information, science-based environmental standards, and implementation of international agreements, including Agenda 21. The approach is practical, to emphasize the policy trade-offs inherent in designing and implementing environmental law and policy. Draws upon examples from civil and common-law systems as well as from developing and industrialized countries. Dannenmaier and Hunter (Summer)

Seminar: International Environmental Dispute Resolution (2)
Surveys the various tribunals to which environmental disputes involving nations or nationals of different states can be presented for resolution. The course considers the International Court of Justice, the European Court of Justice, and the U.S. federal court system, as well as the roles of the World Trade Organization, various human rights courts, and the International Labor Organization. The potential of alternative dispute resolution and the roles of individuals and non-governmental organizations are also discussed. Hunter and Zaelke (Spring)

Seminar: International Environmental Law (2)
With close supervision and weekly meetings, students write a law review-style article on a contemporary issue of international environmental law. Hunter and Zaelke (Fall & Spring)

Seminar: International Institutions and Environmental Protection (2)
Environmental protection is promoted by many international institutions, yet inhibited by others. This course examines such organizations as the UN, non-governmental organizations, and regional and transnational corporate institutions. Trade institutions also are examined. Special emphasis is given to the new Sustainable Development Commission and other institutions relevant to the recent UN Conference on Environment and Development. Goldberg, Van Dyke, and Zaelke (Spring)

Seminar: Law of the Sea(3)
 Provides an overview of the traditional uses of the sea and the rights and duties of states before and after the Law of the Sea Convention. The course explores the mechanics and dynamics of lawmaking through organized global negotiation. It also investigates the relationship between military and economic power in influencing results. Finally, the course includes analysis of the concept that resources are the common heritage of humankind and considers the structure and powers of the International Seabed Authority for resource development. P. Williams (Spring)

Trade and the Environment (3)
Provides an introduction to the legal issues pertaining to the interplay and conflict between classic trade law and domestic and international environmental law. Examines international trade law and corresponding U.S. law and specific cases of trade and environmental disputes. Also reviews international environmental laws that have an impact on trade and determines whether these laws may be found to violate free trade principles. Addresses the issue of global interdependence that gives rise to domestic and international systemic issues. Downes, Goldberg and Van Dyke

 
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