International Environmental Law

This course offers a broad overview of International Environmental Law, a field of growing importance to the United States and the international community given the existential threats posed to planet earth by climate change. In the first part of the course, we examine the evolution and philosophical basis of environmental protection at the international level as well the primary sources and main global institutions concerned with global environmental protection. The second part of the course analyzes key norms of international environmental law, including sustainable development, inter-generational equity, the precautionary principle, the common but differentiated responsibility principle, the polluter pays principle, permanent sovereignty over natural resources and environmental impact assessments. The final part of the course examines specific treaty regimes. These may include protection of the atmosphere, the ozone, climate change, marine pollution, biodiversity, and species protection, as well as the interaction between international environmental law and international human rights and trade. A key theme that runs throughout the course is the role of both traditional (i.e., States) and non-traditional actors (i.e., international organizations, individuals, private companies, NGOs, and indigenous communities) in the development and application of international environmental law.