Università Roma Tre

This course provides an introduction to contemporary developments in international law with regard to the protection of the environment, the sustainable use of natural resources, and climate change. Particular attention will be paid to the international negotiations for a new international climate agreement, to be adopted in Paris in December 2015. The course is divided in two parts. The first part focuses on how international environmental law has evolved since the 1970s up to the present day, providing an overview of the main environmental treaties and of the problems related to their enforcement, also considering examples of international case law. The second part will examine existing international norms related to climate change, and of the main issues at stake in the international climate negotiations. Topics to be addressed include the historic evolution of international environmental, the main environmental treaties and principles of international environmental law, the problems of enforcement and possible solutions; the legal context of the international climate negotiations, including the 1992 Rio Declaration, the UNFCCC and the Kyoto Protocol; the main issues dividing states in the international climate negotiations. The course is scheduled in the period just before, and during the Paris Climate Conference, so that the on-going negotiations and outcomes can be discussed while this important international event is unfolding.
Week/Session Content Date
Week 1 Introduction: historic development of international environmental law
Session 1 The origins of international environmental law; first developments; Stockholm Declaration on the Human Environment; 'first wave' of international environmental conventions 1970s-80s. Wednesday
11-11- '15
Session 2 Recognition of the threats of global warming; 'second wave' of international environmental instruments; 1992 Rio Declaration; United Nations Framework Convention on Climate Change (UNFCCC); Kyoto Protocol; main principles; participating States; results and outstanding problems. Thursday
12-11-'15
Week 2 Principles of IEL and enforcement of international environmental norms
Session 1 Principles of international environmental law: precautionary principle, prevention principle; their status within international law (treaty law, customary law, general principles of international law); examples of international case law. Wednesday
18-11-'15
Session 2 Enforcement of IEL: lack of specific enforcement mechanisms; environmental cases before other enforcement mechanisms, such as the International Court of Justice and regional human rights courts; problems and possible solutions. Thursday
19-11-'15
Week 3 The international climate negotiations - 1: Background and negotiating positions
Session 1 Basic facts on climate change, latest findings from International Panel on Climate Change; historic overview of climate negotiations; shifting leadership role from US to EU in early 1990s; main issues and divisions among groups of States. Wednesday
25-11-'15

Session 2
Negotiating positions of the main players in the climate negotiations: the US, the European Union, China and the other 'Economies in Transition', the Least Developed States; Indicative Nationally Determined Contributions (INDCs); legally binding nature of the new agreement.
Thursday
26-11-'15
Week 4 The international climate negotiations - 2: On-going talks at Paris Climate Conference
Session 1 The agenda of the Climate Conference; latest statements of the Parties; main issues to be resolved. Wednesday
2-12-'12
Session 2 Discussion on the different positions adopted; outstanding issues; legally binding nature of the new agreement; universal scope. Thursday
3-12-'15
Week 5 The international climate negotiations - 3: Final outcome Paris Climate Conference
Session 1 Follow the latest reports on the expected outcome of the Conference; discuss the positive results and the shortfalls; more detailed study of a selected issue at stake. Wednesday
9 -12-'15
Session 2 Examine the final decision on the legally binding nature of the new climate agreement; discuss its effects and enforcement possibilities; conclusion. Thursday
10-12-'15

Students will receive selected articles, excerpts from relevant literature, treaties and documents to read before each class.