International Environmental Law - JUS5520
Detailed course outline and suggested reading
Responsible for course: Ole Kristian Fauchald, e-mail: o.k.fauchald@jus.uio.no
Please note that this outline is preliminary and will be subject to revision.
Please note that the teaching will be based on the assumption that you have read the mandatory readings and relevant case law and that you have worked on the exercises prior to classes.
Powerpoints for lectures will be published prior to or soon after teaching dates. We will also try to make podcasts of the lectures available in Fronter.
Please note the significant amount of primary materials of relevance to this course. You are strongly recommended to study relevant parts of the primary materials prior to class.
Preparation of case law: You should read through the relevant parts of the cases before class, and be prepared to discuss them and answer questions.
Exam:
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Rules on auxiliary materials, for rules concerning notations, see section 4. Notation example.
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Mock exam: Deadline for submitting the mock exam will be announced. The paper must be handed in through Fronter. For more information, see bottom of page.
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Please note that "supplementary reading" is not mandatory, and that you will not be expected to demonstrate knowledge acquired through such readings during the exam.
Class 1: Introduction to international environmental law
Relevant learning requirements: Thorough knowledge of the sources (custom, treaties and general principles) of IEL.
Reading:
- Mandatory: Sands et al. chapters 1, 4 and 21.
Primary materials:
- Vienna Convention on the Law of Treaties (VCLT)
- Statute for the International Court of Justice (ICJ)
- Rio Declaration on Environment and Development
- The Vienna Convention for the Protection of the Ozone Layer
- Convention concerning the Protection of the World Cultural and Natural Heritage (WHC)
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
- Draft Articles on Prevention of Transboundary Harm from Hazardous Activities
Case law of particular interest:
- The Trail Smelter Arbitration, pages 1907-1910 (jurisdiction), 1920-1924 (first decision) and 1962-1966 (second decision)
- Certain Activities Carried Out by Nicaragua in the Border Area and Construction of a Road in Costa Rica Along the San Juan River, paragraphs 100-228
- Threat or Use of Nuclear Weapons, paragraphs 27-33
Web sites of interest:
- The UN Environment Assembly
- UN Environment
- High-Level Political Forum on Sustainable Development
- The International Court of Justice
- The International Law Commission
- The International Union for Conservation of Nature
- UN Audiovisual Library of International Law
- The Treaty Database
Class 2: History and general principles of international environmental law
Relevant learning requirements: Thorough knowledge of the following general principles of IEL: polluter pays principle, prevention, precaution, sustainable development, common but different responsibilities and respective capabilities.
Reading:
- Mandatory: Sands et al. chapters 2 and 6 (only pages 187-190 and 206-236)
- Supplementary: Brundtland report “Our Common Future”
- Supplementary: C. Voig, “The principle of sustainable development: integration and ecological integrity, in Rules of Law for Nature, 2013, Cambridge Press
Lecture published in fronter
Primary materials:
- Stockholm Declaration of the United Nations Conference on the Human Environment
- Rio Declaration on Environment and Development
- Agreement Establishing the World Trade Organization (WTO)
- United Framework Convention for Climate Change art.3
- Paris Agreement on Climate Change art.1, art. 2
- Moon Treaty art.11
- Antarctic Treaty (preamble)
- UNCLOS art. 136
- Indian Green Tribunals Act, 2010
Case law of particular interest:
- Pulp Mills on the River Uruguay, Argentina v. Uruguay, (judgment), paras 61-66, 101
- Indus Waters Kishenganga Arbitration (Pakistan v. India), PCA (final award), paras 117, 449-450, 452
Web sites of interest:
Class 3: Sovereignty over natural resources and the prohibition of transboundary harm
Relevant learning requirements: Thorough knowledge of the following general principles of IEL: prohibition of transboundary harm and permanent sovereignty over natural resources.
Reading:
- Mandatory: Sands et al. chapter 6 (only pages 190-205) and 17 (only pages 700-737)
Lecture published in fronter
Primary materials:
- Rio Declaration on Environment and Development
- Stockholm Declaration of the United Nations Conference on the Human Environment
- Draft Articles on Prevention of Transboundary Harm from Hazardous Activities
Case law of particular interest: See slides published in Fronter
Web sites of interest: See slides published in Fronter
Class 4: Human rights and the environment
Relevant learning requirements: Good understanding of the linkage between human rights and environmental protection.
Reading:
- Mandatory: Sands et al. chapters 14, 15 and 18 (only pages 775-789)
Primary materials:
- Rio Declaration on Environment and Development
- Stockholm Declaration of the United Nations Conference on the Human Environment
- Draft Articles on Prevention of Transboundary Harm from Hazardous Activities
- UN Convention on the Law of the Sea
- Convention on Biological Diversity
- Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention)
- Protocol on Strategic Environmental Assesment to the Convention on Environmental Impact Assessment in a Transboundary Context
- Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention)
- Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
- American Convention on Human Rights (Pact of San Jose)
- International Covenant on Economic, Social and Cultural Rights (CESCR)
- International Covenant on Civil and Political Rights (CCPR)
Case law of particular interest:
- Certain Activities Carried Out by Nicaragua in the Border Area and Construction of a Road in Costa Rica Along the San Juan River
- Colombia's request for advisory opinion to the Inter-American Court of Human Rights
- Öneryildiz v. Turkey, European Court of Human Rights
- Fauchald vs. Norway, Aarhus Convention Compliance Committee
Web sites of interest:
Class 5: The marine environment, marine living resources and marine biodiversity
Relevant learning requirements: General knowledge of the law of the sea and protection of the marine environment.
Reading:
- Mandatory: Sands et al. chapter 9 (only pages 342-352, 372-387, 396-411, 434-437 and 442-448)
Primary materials:
- UN Convention on the Law of the Sea
- International Convention for the Prevention of Pollution from Ships (MARPOL 1973) as modified by the Protocol 1978 relating thereto (MARPOL 73/78)
- Agreement for the Implementation of the Provisions of the UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks
- International Convention for the Regulation of Whaling (IWC)
Case law of particular interest:
- Case concerning Whaling in the Antarctic
- The Arctic Sunrise Arbitration
- The South China Sea Arbitration
Web sites of interest: See slides lecture 1
Class 6: The protection of biological diversity
Relevant learning requirements: General knowledge of protection of species and biological diversity including access to and benefit sharing of genetic resources.
Reading:
- Mandatory: Sands et al. chapter 10 (only pages 449-479)
Primary materials:
- Convention on Biological Diversity (CBD)
- Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
- Cartagena Protocol on Biosafety to the Convention on Biological Diversity (Cartagena Protocol)
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
- Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention or CMS)
- Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention)
- Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (UNCCD)
- Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention)
Case law of particular interest:
- The Chagos Marine Protected Area Arbitration, paragraphs 537-541
- The Indus Waters Keshenga Arbitration, paragraphs 97-104
Web sites of interest:
- Convention on Biological Diversity
- The International Union for Conservation of Nature
- Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES)
- See also slides
Class 7: Courts, arbitration and compliance and enforcement mechanisms in international environmental law
Relevant learning requirements: Knowledge of the relevant practice of international courts and tribunals in cases that deal with environmental disputes and thorough knowledge of the sources (custom, treaties and general principles) of IEL.
Reading:
- Mandatory: Sands et al. chapter 5
Case law of particular interest:
- Case concerning the Gabčíkovo-Nagymaros Project
- Case concerning Pulp Mills on the River Uruguay
- Case concerning Whaling in the Antarctic
- Fauchald vs. Norway, Aarhus Convention Compliance Committee
Web sites of interest:
Classes 8 and 9: International climate change law
Relevant learning requirements: General knowledge of the following topics: the international legal regimes regulating atmospheric pollution and climate change.
Reading:
- Mandatory: Sands et al. chapter 7 (only pages 262-302)
Lectures published in fronter
Primary materials:
- The Vienna Convention for the Protection of the Ozone Layer
- The Montreal Protocol on Substances that Deplete the Ozone Layer
- United Nations Framework Convention on Climate Change (UNFCCC)
- Kyoto Protocol to the United Nations Framework Convention on Climate Change
- Paris Agreement under the United Nations Framework Convention on Climate Change (Paris Agreement)
- Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty)
- Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement)
Class 10: Trade and environment
Relevant learning requirements: Good understanding of the normative linkages between the international trade regime of the WTO and international environmental law.
Reading:
- Mandatory: Sands et al. chapter 19 (only pages 799-847)
Primary materials:
- Agreement Establishing the World Trade Organization (WTO)
- General Agreement on Tariffs and Trade (GATT 1947)
- Agreement on Technical Barriers to Trade (TBT Agreement)
- Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)
Case law of particular interest:
- United States - Import Prohibition of Certain Shrimp and Shrimp Products - AB-1998
- European Communities - EC Measures Concerning Meat and Meat Products (Hormones) - AB-1997
- European Communities - Measures Affecting Asbestos and Asbestos-Containing Products - AB-2000
- Brazil - Measures Affecting Imports of Retreaded Tyres - AB-2007, paragraphs 133-183 and 213-234.
Web sites of interest:
Class 11: Mock exam discussion
You should try to solve the mock exam on your own, only using the treaty collection, and within the time limits indicated. The mock exam is to be handed in through fronter on November 9 before 16.00.
It would be good if you could subsequently get together with other students to discuss the mock exam.
For the class: please be prepared to present your approach and answers to the questions raised in the mock exam, and to raise issues that you would like us to discuss in plenary.
Comments to the mock exam will be uploaded to the fronter room.