/studier/emner/jus/jus/JUS5850/h12/tekster/ITL_Mock%20exam.pdfInternational 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:

Link to treaty resources

Class 1: Introduction to international environmental law

Relevant learning requirements: Thorough knowledge of the sources (custom, treaties and general principles) of IEL.

Reading:

Lecture

Primary materials:

Case law of particular interest:

Web sites of interest:

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:

Lecture published in fronter

Primary materials:

Case law of particular interest:

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:

Lecture published in fronter

Primary materials:

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:

Lecture

Primary materials:

Case law of particular interest:

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:

Lecture 1

Lecture 2

Primary materials:

Case law of particular interest:

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:

Lecture

Primary materials:

Case law of particular interest:

Web sites of interest:

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:

Lecture

Case law of particular interest:

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:

Lecture

Primary materials:

Case law of particular interest:

Web sites of interest:

Class 11: Mock exam discussion

Mock exam

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.