PS 454/NORS 654: International Law and the Environment
COURSE SYLLABUS Fall 2002
Dr. K. Erickson
Office Hours: WF 8:00-9:30
Gruening 603A T 2:00-3:00
Phone x6503
ffkje@uaf.edu
Scope and Objectives
The range of issues intersecting the study of international law and the global environment illuminates the diverse outlooks and approaches that currently define the field. From environmental terrorism to liability for environmental damage, the problems that have evolved at the global level requiring legal and regulatory action are monumental. For example, what are the international legal standards for determining a state’s jurisdiction, responsibility, and liability for an assault on the environment? An understanding of the provisions of international agreements on the environment, however, is merely preliminary to comprehending the processes of domestic implementation and enforcement.
Since the early 1990s, the study of legal responses to international environmental problems has resulted in the emergence of the academic discipline, international environmental law, composed of “customary law, treaties, institutions, and extraterritorial application of domestic environmental law” (104 Harvard Law Review 1484, 1489 [1991]). Although the case agenda for international environmental law derives from a broad mix of sources and venues, it is notable that the International Court of Justice {ICJ] has established a specialized “Chamber of the Court for Environmental Matters” which provides a systematic procedure for dispute resolution of environmental matters. To an increasing extent, international agreements, including treaties and conventions/protocols are used to address and regulate transboundary environmental problems. Further, intergovernmental and international nongovernmental organizations play an important role in the development of international environmental law.
This course will cover (1) international case law regulating the sea, airspace, outer space, and the polar regions; (2) comprehensive international regulatory legal instruments to protect the environment such as the UN Framework Convention on Climate Change [UNFCCC]; (3) significant international negotiations on environmental issues and impacts; and (4) the doctrines, principles, and rules of international law that are basic to an understanding of international environmental law.
The course will provide (1) a broad understanding of international policies in terms of a global environment that is no respecter of territorial sovereignty, a concept which has governed the theory and practice of international relations up to now; (2) the tools for analyzing and engaging in the international legal discourse on the environment; and (3) the background for continued study in a new field of interdisciplinary, international legal inquiry.
Course Texts
David Hunter, James Salzman, and Durwood Zaelke, International Environmental
Law and Policy, 2nd ed.
David Hunter, James Salzman, and Durwood Zaelke, International Environmental
Law and Policy: Treaty Supplement [2002 Edition]
Students are also advised to consult as needed the excellent, updated periodical
International Legal Materials [ILM] – in Rasmuson Library (serials holdings)
Course Evaluation
Undergraduate Students
Written Assignments
Students will develop a draft protocol to the UN Framework Convention on
Climate Change that addresses current/future international environmental needs
and takes into account the obstacles to adoption and implementation by States
Parties. Approximately 5 pp.
10% Sept. 26
Students will prepare a brief for one party of a case focused on dispute settlement
in international environmental law (the case will be selected in consultation with
the instructor). Approximately 8-10 pp.
20% Oct. 22
Full-Period Examination
A comprehensive examination based on the material covered to date.
30% Nov. 12
Oral and Written Presentations
In-class participation and performance, including case arguments, and
introductions to readings.
20% TBA
Final Examination
20% Dec. 17 8:00-10:00 pm
Graduate Students
Written Assignments
Summary of the (1) facts and (2) issues in a pending case in international environ-
mental law (preferably the same case that students choose for the Special Master’s report, selected in consultation with the instructor).
Approximately 3-5 pp.
5% Sept. 26
Students will prepare a brief for one party of a case focused on dispute
settlement between states in relation to international environmental law (to be
selected in consultation with the instructor). Approximately 10 pp.
20% Oct. 22
Full-Period Examination
A comprehensive examination based on the material covered to date.
30% Nov. 12
Class Presentations
In-class participation and performance, including case arguments and
introductions to readings.
20% TBA
Seminar Paper
Students will prepare a SOctober 13, 2006d to
international environmental law. Case to be selected in consultation with
October 13, 20060">25% Dec. 10 (for those students who wish to have the papers returned
with comments by the last day of class, the due date is Dec. 3)
Course Outline and Readings
Note: Documentary materials from the Treaty Supplement will be assigned as
appropriate to accompany the readings in the textbook.
Institutions, and NGOs
HUNTER, SALZMAN, ZAELKE, 2nd, chs, 4, 5
HUNTER, SALZMAN, ZAELKE, 2nd, chs. 6, 19
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 7
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 8
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 9
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 10
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 12
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 13
Polar Regions
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 14
HUNTER, SALZMAN, ZAELKE, 2nd, ch. 16
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