DIRITTO INTERNAZIONALE ED EUROPEO DELL'AMBIENTE
- Overview
- Assessment methods
- Learning objectives
- Contents
- Delivery method
- Teaching methods
- Contacts/Info
Students must have passed the exams of Private Law, Constitutional Law and International Law.
Final exam is an oral discussion with final mark expressed in thirtieth. The oral discussion relates to the whole program.
The following will be evaluated: accuracy and quality of answers, use of appropriate technical and legal language, capacity of connecting different subject and institutions, the ability to justify opinions.
The course aims to give a deep knowledge of the protection of the environment in international and European Union law.
At the end of the course, students should be able to:
- know and understand the main institutions of international and european environmental law, including the actors, sources, principles and the responsibility in environmental matters;
- know and apply the european, international and domestic standards governing the main issues of private international law in transnational litigation cases between private parties concerning environmental matters;
- know and understand sectoral environmental protection;
- develop a critical judgement on the case-law and practical cases discussed in class.
In the introductory lecture, the notion and actors (States, international organisations, non-governmental organisations, individuals and multinational companies) of international and european environmental law will be analysed.
The course is divided into a general and a special part.
The general part is in turn divided into the following three sections:
1) Public international environmental law: the evolution, the sources and principles of international environmental law, the role of the European Court of Human Rights in the protection of the environment through human rights, international liability for environmental damage arising out of a tort, international environmental dispute resolution and the interaction between investment arbitration and the protection of the environment;
2) Private international law: the determination of jurisdiction and of the law applicable to transnational environmental disputes between private parties and the recognition and enforcement of foreign judgments;
3) European environmental law: the evolution, objectives, principles and legal basis of the EU environmental policy, the competences and legal acts of the European Union in environmental matters, the role of the Commission and of the Court of Justice of the European Union in ensuring the application of european environmental law, civil environmental liability and criminal environmental protection.
The special part concerns the so-called sectoral international and european protection of the environment, with particular regard to the issues concerning:
- the fight against climate change
- the protection of the sea and hydrocarbon extraction;
- the protection of international water resources, air quality, biodiversity and habitats, and the Antarctic environment;
- renewable and sustainable energy.
The course takes place in the second semester and consists in 55 hours lessons. Teaching includes the use of power-point presentations and the critical analysis and discussion of relevant case-law and cases with the students’ active participation.
Students will be received by appointment at the end of the lecture or via the Microsoft Teams platform.