a) Description
This course complements the existing offering in environmental law and offers a more focused module on one of the most sensitive environmental issues of our time. It seeks to provide a broad analytical view of the problem of climate change law and policy in its broader context. The course examines the main international legal instruments that constitute international climate law and policy within their broader context. This includes an examination of the underlying principles of climate change law and policy, an introduction to the UN Convention on Climate Change and the Paris Agreement, a focus on specific legal issues arising the context of the UN regime, such as carbon trading, as well as an analysis of more specific problems such as regional approaches and relations between climate change law and other areas of law such as trade law. The module also examines specific problems arising in the context of the law and policy response to climate change both concerning mitigation and adaptation, such as human rights implications, land-use, forests and biodiversity. Particular attention is given to climate justice dimensions examining the disproportionate burdens of climate change, including response measures on peoples in the Global South.
Objectives
The course aims to provide a survey of the developments of international and selected national law and policy in relation to climate change. The course will critically examine inter-linkages between normative and substantive developments in many law and policy fields relating to climate change, including human rights, finance, trade, investment, liability and redress, and development. It will primarily adopt an international perspective but will also draw on regional and country case studies. The latter will provide the basis for comparing the on-going development of climate change and energy law and policy in countries of the North and South.
Students on completing the course will be able to demonstrate a comprehensive understanding of, and familiarity with, the most salient issues within climate related law and policies. They will be able to show familiarity with key legal and policy developments across a broad range of topics. This will give any student an advantage in gaining employment as employers within law firms, governments, businesses and non-governmental organisations seek climate and energy literate candidates to fill new and expanding sections in the job market.
b) Indicative syllabus (subject to change)
International Climate Regime
1. Introduction: The UN Framework Convention on Climate Change and the Paris Agreement
2. Climate Justice and Principles of the Climate Change Regime (Sovereignty, Precaution and Equity)
3. Climate Finance and Market Mechanisms
4. Liability, Loss & Damage and Disaster Risk Management
5. Energy Transitions and Just Transition
Beyond the UNFCCC
6. Human Rights Framework: A Contribution to Adaptation and Mitigation
7. Climate Change related Litigation: International and Regional Dimensions
8. Climate Change-related Litigation: Domestic and Comparative Dimensions
9. Domestic Level Law and Policy Responses 1
10. Domestic Level Law and Policy Responses 2
c) Assessment (subject to change)
Assessment comprises two different elements:
A 1,000-word briefing paper (worth 30% of the mark).
A 2,500-word essay (worth 70% of the mark).