JUR5520 - International Environmental Law

Earlier exams for JUR1520 and JUR5520 - International Environmental Law

Autumn 2012

  1. Principle 2 of the 1992 «Rio Declaration» states:

“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”

  1. Identify and explain the content of the legal principles contained in this paragraph as well as their relationship to each other. In doing so, please refer also to the jurisprudence of international courts and tribunals.
  2. Discuss the principles in the light of the need to solve global environmental problems such as climate change and the loss of biological diversity.

 

  1. Explain and discuss the main legal issues and problems in the relationship between environmental protection and international trade law of the WTO. Give case examples.

Autumn 2011

Answer 2 of the following 3 questions:

1. Give a brief overview of the main sources in international environmental law.

Explain and discuss in particular the emergence of “soft law” and principles in

international environmental law and how this has influenced the development of

this area of international law.

2. Explain the concept “shared natural resource” in international natural

resources law. Explain and discuss the principles for the conservation and

management of a “shared natural resource”.

3. Explain the purpose and main content of the so called “flexible mechanisms”

in the Kyoto Protocol articles 6, 12 and 17, and discuss arguments for and

against the use of these rnechanisms.

Autumn 2010

1. Explain the Principle of common but differentiated responsibilities and explain how the principle is expressed and applied in the UN Framework Convention on Climate Change, the Kyoto protocol and the UN Convention on Biological Diversity.

2. Explain the purpose and main content of the Flexibility Mechanisms as provided for in the Kyoto Protocol arts. 6, 12 and 17, and discuss arguments for and against the use of these mechanisms.

Both questions are to be answered.

Spring 2010

1.  Principle 2 of the 1992 “Rio Declaration” states:

“States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.” 

a)  Explain the content of principle as it has normally been understood.

b)  Discuss the principle in light of the need to solve such global environmental problems as the climate problem and the loss of biodiversity.


2. Explain and discuss the main legal issues and problems in the relationship between environmental protection and international trade law. Give case examples.
 

Spring 2009

1) Discuss the Principle of common but differentiated responsibilities within the climate change regime:

a) Explain its content and how it is reflected in the UN Framework Convention on Climate Change and the Kyoto protocol.

b) Explain the purpose of the Flexibility Mechanisms as provided for in the Kyoto Protocol, and discuss arguments for and against the use of these mechanisms.

c) Without the cooperation of the developing countries, greenhouse gas reductions made in the North (developed countries) would not make a significant difference in the overall climate change trend. Discuss and express your own opinion if and to what extent the developing countries should agree to some limitations as well.


2. Compliance and enforcement of multilateral environmental agreements (MEAs) are essential to making these treaties work. Explain these concepts and their importance and describe the particular challenges they meet in the context of international environmental law.
Several MEAs have adopted special non-compliance mechanisms. Explain the objective of such mechanisms and give examples of such mechanisms.

Both questions below shall be answered.

Autumn 2008

1. Describe the main sources in international environmental law.
2. Discuss the following question: What are the strengths and weaknesses of the existing international environmental law as a tool to protect the Earth’s biological diversity?

Spring 2008

Both questions below shall be answered.  

Question 1

Describe and discuss the enforcement measures that are available to the flag state and the port state when a ship has engaged in activities leading to serious pollution on the high seas, as laid down in the UN Convention on the Law of the Sea articles 217 and 218. Discuss in particular the allocation of enforcement powers between the flag state and the port state.

Question 2

After graduating from the University of Oslo, you have been recruited as special advisor to the Ministry of the Environment of Norway. Norway is listed under Annex I of the UN Framework Convention on Climate Change and has a quantified emission reduction commitment under Annex B to the Kyoto Protocol. In order to comply with this commitment, the newly elected government has put forward an ambitious plan for the promotion of renewable energy sources. As transport counts among the main sources of greenhouse gases emissions, increased use of biofuel (i.e. fuel made from biological material such as plant oil) is identified as a key sector for complying with both national targets and international commitments.

However, the government is concerned about the negative environmental impacts that the production and harvesting of raw materials for biofuel production may have in producing countries, such as Brazil. The government therefore considers prohibiting the import of biofuels that have been produced in such a way that it damages the rainforest and biodiversity.

Such a prohibition is presumed to violate article XI of GATT. The question is whether it may be lawful on the basis of the exception rule in article XX of GATT.

You are asked to write a memo about whether such a prohibition may be lawful on the basis of the exception rule in article XX of GATT (attached).

Autumn 2007

1. Describe the most important environmental law principles expressed in the UN Framework Convention on Climate Change.

2. Describe, and discuss, how these principles are implemented and reflected in the Kyoto protocol.

Spring 2007

1.  Explain and discuss the main legal issues and problems in the relationship between environmental protection and international trade law. Give case examples.

(Issues and problems related to EU law shall not be treated.)

2. Give an overview over means of compliance and enforcement measures of Mulitlateral Environmenal Agreements (MEAs)

Autumn 2006

  1. What is the content of the concept of sustainable development?
  2. Discuss the following assertion: “Sustainable development is a principle of international (including EU) law.”
  3. How is sustainable development reflected in the UN framework Convention on Climate Change and the UN Convention on Biological Diversity?