CLIMATE CHANGE AND SUSTAINABLE DEVELOPMENT LAW - IUS/13
Learning outcomes of the course unit
The course aims to provide the basic notions on climate change and sustainable development.
With specific reference to the International Law module, the aim of the course is to provide the basic notions of: sustainable development and general principles of international environmental law; treaty rules on the prevention of climate change; procedures for the prevention of violation of climate change treaties; links between environmental protection and human rights protection; practice of the UN and regional human rights protection systems relevant to sustainable development and climate change; human rights based approach to climate litigation.
At the end of the module of International Law, students will be able
- to recognize, interpret and properly apply the principles of international environmental law and treaties belonging to the international legal framework on climate change;
- to know the mechanisms of non-compliance procedures of climate change treaties;
- to know and correctly apply the relevant international human rights law rules on sustainable development and climate change;
- to independently investigate issues relating to climate change in international environmental law;
other sectors of International Law;
- to independently investigate the "climate litigation" cases pending before national courts and international monitoring bodies established by human rights treaties;
- to apply the acquired knowledge to practical cases and to support arguments with a correct terminology and adequate reasoning.
Students are strongly advised to attend the course after having taken the exams of: Constitutional Law; Administrative Law; Public International Law; European Union Law; Tax Law.
Course contents summary
The course explores the role of International Law, European Union Law, Constitutional Law, Administrative Law and Tax Law in mitigating climate change and adapting to its detrimental consequences. In particular, the first module of International Law (3 ECTS) will focus on: 1) the notion of sustainable development and the principles of international law that contribute to its achievement; 2) the international legal framework on climate change: the United Nations Framework Convention on Climate Change; the Kyoto Protocol; and the Paris Agreement; 3) non-compliance procedures; 4) climate change and human rights protection.
The first module will be structured as follows:
(Prof. Laura Pineschi)
13 - 14 September: The notion of sustainable development and the principles of international environmental law;
15 and 20 September: The international legal framework on climate change: the United Nations Framework Convention on Climate Change; the Kyoto Protocol; the Paris Agreement;
21-22 September: The international procedures for the prevention of any violations of the treaties on climate change (so-called non-compliance procedures);
(Dr. Elena Carpanelli)
September 27: Sustainable development and protection of human rights;
28 September: The fight against climate change before monitoring mechanisms established by human rights treaties;
September 29: Human rights and climate litigation before national courts.
A. Fodella e L. Pineschi (a cura di), La protezione dell’ambiente nel diritto internazionale, Giappichelli, Torino, 2009, the following parties: Chapter V (General principles), p. 95-129; Chapter VI (Environmental protection and human rights protection); p. 133-160; Chapter IX (Settlement of Environmental dispute and non-compliance procedures), p. 217-219; 229-233; Chapter X (The protection of atmosphere and ozone layer and the prevention of climate change), p.237-239; 247-260; M. Montini, Riflessioni critiche sull’Accordo di Parigi sui cambiamenti climatici, in Rivista di Diritto internazionale, 2017, p. 719-754;
F. Mussi, Cambiamento climatico, migrazioni e diritto alla vita: le considerazioni del Comitato dei diritti umani delle Nazioni Unite nel caso Teitiota c. Nuova Zelanda, in Rivista di Diritto internazionale, 2020, p. 827-831;
M. La Manna, Cambiamento climatico e diritti umani delle generazioni presenti e future: Greta Thunberg (e altri) dinanzi al Comitato sui diritti del fanciullo, in Diritti umani e diritto internazionale, 2020, p. 217-224;
F. Passarini, CEDU e cambiamento climatico nella decisione della Corte suprema dei Paesi Bassi nel caso Urgenda, in Diritti umani e diritto internazionale, 2020, p. 777-785.
The International Law module includes both lectures and interactive moments with students, consisting mainly in the analysis and discussion of documents and international and national court rulings, available on the Elly platform.
Assessment methods and criteria
The exam is written and consists in submitting students a multiple choice test and two open questions.
Knowledge and understanding will be assessed with 10 multiple choice questions, aimed at verify the effective knowledge of the basic notions relating to the five modules.
The ability to apply knowledge and autonomy of judgment will be ascertained by inviting the student to discuss the general notions in the light of two hypothetical cases.
The ability to communicate will be ascertained by assessing the student's ability to use the appropriate technical terminology and to correctly apply particular rules or principles.
Learning skills will be assessed through an overall assessment of the answers given to the test questions.
In the event that the health emergency continues and depending on how it evolves, the exam may take place in the presence, in mixed mode (i.e. in the presence, but with the possibility in remote mode for students who request it from the Teacher), or only online for everyone (in remote mode). The chosen examination method will be notified in advance on the Esse3 system.
Information relating to other modules of the course are available in the Syllabuses of the respective referees (Prof. Antonio D’Aloia; Prof. Francesco Vetrò; Prof. Alberto Comelli; and Prof. Marco Inglese).