Download International and comparative environmental law

International and comparative environmental law
PROF. JOSEPH FRANK DIMENTO
COURSE AIMS
What can and should the law and its institutions do to protect the environment?
Environmental law is the immense and ever changing field of law which addresses
this question with foci on pollution control, natural resource protection and use,
and most generally, environmental quality.
This course encompasses many areas of legal study: international, comparative,
EU, federal, state/provincial/regional, and local statutory, administrative, and
constitutional law related to environmental quality.
Goals of the Course
1. To introduce the scope of the field with special attention to comparative and
international contributions.
2. To become familiar with modes of analysis used in the field: how to study
environmental problems from a legal and policy perspective.
3. To identify leading issues, common themes and common problems in
environmental law.
4. To obtain professionally useful substantive knowledge in selected areas of
environmental law, with a focus on practice.
COURSE CONTENT
For this offering of environmental law I have selected a few areas that we will
study in a standard way. That way is:
– To ascertain the perspectives on, the scientific background of, and philosophies
surrounding, specified environmental problems.
– To get a sense of background to an environmental controversy.
– To explore how the controversy or problem arose (including by attention to the
persons and groups involved and the interests they represent, and in many cases
to the science and/or other evidence that is relevant).
– To learn those legal principles [nation state, regional, international] that should
generally apply here with a comparative view.
– As appropriate, to investigate steps in the resolution of the controversy.
– To ask whether there are alternative means of resolving the controversy.
Substantive Coverage
Understandings of environmentalism and how they are reflected in substantive law.
Competing fundamental perspectives on environmental law.
Introduction to common law and civil law orientations to environmental protection.
Introduction to the inventory of instruments to address environmental problems.
The use of criminal law.
Constitutional dimensions of environmental law: Which national constitutions
provide for rights of action to stop pollution and to a clean environment? Across
nations which are the important sources of and limitations on governmental
regulation to achieve articulated public purposes of protecting the environment?
Administrative law of the environment.
The function of citizen action across jurisdictions.
Environmental impact analysis.
A selected area of substantive environmental law (air, water, land).
Global or international environmental law.
With a focus on Global Climate Change.
Schedule to be determined; topics to be covered:
Environmental Law via a Teaching Hypothetical.
The Breadth and Scope and Perspectives on Environmental Controversies in the
Second Quarter Century of Environmental Law; Studying Environmental Law.
DISCUSSION: Do you consider yourself an environmentalist?
Reading* : Salzman and Thompson, 1-13.
*Section in Italian from Pasqualini and other sources to be determined.
Instrument Choice.
Reading: Salzman and Thompson, 44-58.
Administrative law.
Reading: Salzman and Thompson, 58-65
Constitutional Issues in Environmental Policy.
Reading: Salzman and Thompson, 66-75.
The role of citizens: lobbying, citizen suits, standing and related threshold
questions.
Reading: Salzman and Thompson, 75-86.
The roles of the courts: “judicial review” in selected countries.
Reading: To be determined.
Air Pollution.
Reading: Salzman and Thompson, 87-97; 98-112
Endangered Species Protection.
Reading: Salzman and Thompson, 281-301.
Criminal Law of environmental protection.
Reading: To be determined.
Procedural and Substantive Constraints on Decision-making: Environmental
Impact Assessment.
Reading: Salzman and Thompson, 321-336.
The Relationship between Domestic and International Environmental
Law; International Environmental Law Introduction.
Reading: DiMento: http://www.utexas.edu/utpress/excerpts/exdimglo.html#ex1.
Law Trying to Save the Earth: Ozone Depletion and Climate Change.
Reading: Salzman and Thompson 113-131.
Law Trying, Climate Change
Reading: Salzman and Thompson 131-145; DiMento and Doughman, pages to be
determined.
The Great Seas, Law and Effect.
Reading: DiMento and Hickman, Environmental Governance of the Great Seas:
Law and Effect, Edward Elgar, 2012, hand out.
READING LIST
Excepts from:
J. SALZMAN-B.H. THOMPSON JR., Environmental Law and Policy, Foundation, 2010 (3rd ed.).
J.F. C. DIMENTO, The Global Environment and International Law, University of Texas, 2003.
J.F. C. DIMENTO-P. DOUGHMAN (eds), Climate Change: What it Means to Us, Our Children,
and Our Grandchildren, MIT (latest ed.).
C. PASQUALINI, Manuale di diritto ambientale (latest ed.)
TEACHING METHOD
Lezioni in aula; short group projects.
ASSESSMENT METHOD
Short quizzes and final examination in class.
NOTES
I am happy to will meet with students at the end of each lesson and by appointment.