Course pre-requisite(s): it could be useful to have studied law before, but it will not be necessary
Course Overview
Climate change and environmental degradation are the defining challenges of our time. Despite several international treaties such as the Paris Agreement or the Convention on Biological Diversity, the earth is currently heading towards a global warming of 3°C and the extinction of numerous species. This course aims to introduce participants to international environmental/climate law and governance. The course begins with a brief introduction to public international law, international environmental law and
international criminal law, thus introducing the origins and key concepts of international environmental and climate change law. Various relevant issues of legal environmental protection will be addressed, including the law of the so-called "global commons".
The second part of the course focuses on climate change. As a "glocal" problem that is global in nature and whose effects can be felt locally, it requires action by a large number of stakeholders at various levels. Firstly, this course takes a closer look at all
the challenges surrounding international climate law and effective climate protection.
Secondly, it also addresses the problem of injustice that underlies international climate law, including ethical and philosophical perspectives.
The third part then looks at the "new law" for the new era, which some call the Anthropocene. Various legal approaches are examined, including issues such as rights for future generations and rights for nature, or the creation of a new human right to a
stable climate. This part is not only about the actions of states, but also about what civil society actors are doing to enforce climate policies, in particular through the use of climate litigation.
Learning Outcomes
At the end of the course, participants will have acquired a broad and in-depth knowledge of how the environment and climate are protected internationally and in the European Union. As the focus is not only on climate law as such, but also includes climate science and ethical perspectives, participants will gain a more complete picture of the complex issue of climate governance and law. Considering that climate change is one of the most important issues of our time, a deeper understanding in relation to several important points such as the relevant instruments, climate justice and the role of non-state actors will enable participants to engage meaningfully with the topic of climate governance and law in the future, which will also make them more resilient to fake news and populist propaganda. In addition, by actively promoting discussion in class, participants will develop their analytical and critical thinking and independent research skills. They will also sharpen their research skills as they will have to conduct independent and individual research in a field that is not only rather unknown to many people but is also strongly influenced by other disciplines and is constantly changing.
Course Content
Part 1: Introduction and instruments/treaties
• Introduction to international law in general*
• Origins of international environmental law – development and current challenges
• International environmental law
o Biodiversity law /species law
§ International and European instruments
o Law of the commons
§ High Seas
§ Space
§ Antarctica
§ The atmosphere à climate change
• International climate law:
o International instruments (UNFCCC, Kyoto Protocol, Paris Agreement)
o European instruments (European Green Deal, European Climate Law etc.)
o The role of climate science
• International criminal law:
o Introduction to international criminal law*
o Protection of the environment under criminal law
o “Ecocide”
Part 2: Climate change as the defining challenge of our time – problems
• Implementation and enforcement
• Climate change and human rights
o Introduction to human rights law*
o The human right to a healthy environment
o Climate change as a human rights violation
o Climate protection mechanisms as human rights violations
• The climate justice problem (ethical and legal perspectives)
o Especially: the perspective of the Global South
o Especially: future generations
• The role of non-state actors
Part 3: A law for the Anthropocene – responses
• The disadvantages of current environmental law
• Climate law as “transformation law” and its impacts on other areas of the law
• Civil society and climate activism
o Civil disobedience
o Climate litigation
§ Cases in the UN
§ Regional cases (in the European, African, American human rights context)
§ Some selected national cases (from all over the world)
§ Role of climate litigation for the development of climate law
• New approaches:
o A human right to a stable climate
o Rights for future generations
o Rights for nature
o Global Earth System governance
o Global climate constitutionalism
* based on the level of knowledge of the students
The course will not cover national law as such. It will address national laws (e.g. administrative laws) where possible or necessary but it will not be possible to explore Spanish or other national climate law in detail.
Instructional Method
Several instructional methods will be used. Participants will receive lectures covering the basics of each part including the use of presentation slides, pictures, videos, depending on their knowledge of the topic, if any. In addition to these lectures, the participants will prepare presentations in groups on specific topics, which they will present orally to the whole class. Participation in discussions will be encouraged.
Required Course Materials
No special course material is required. Articles that are necessary for group work or classroom discussions, for example, will be shared with the participants.
Assessment
Students will be assessed based on their a) presentations and b) participation in discussions and c) class activity in general, depending on their current knowledge of the issue.