International Environmental Regulation II: Case Studies

Course Description

This is the second part of a year-long sequence intended to provide an integrated course on the law, economics and politics international environmental regulation. The course presents material from each of these perspectives, each providing a distinctive approach to the particular part of the problem being examined.  Together the course presents the student with a perspective on international environmental regulation and its legal, institutional, political and economic dimensions.

In this second term of the course the lectures turn to case studies in international environmental regulation (the atmosphere; energy resources; biodiversity conservation; and trade and the environment).  These case studies are presented by the various course lecturers, giving an interdisciplinary approach to the analysis of regulation.  Guest speakers are introduced in each of the areas of analysis (trade, biodiversity, climate change) to provide additional insights and experiences in the area of their expertise.  The range of perspectives and topics gives the student a feel for the manner in which international environmental regulation evolves and changes over time, and how perspectives from different fields are important to the resolution of the regulatory problems in the area.
 

NB: You do not need to have taken International Environmental Regulation I to sign-up for this second part of the course

• See also International Environmental Regulation I: Principles

Course Objectives

By the end of the course, the student should be able to appreciate the basic elements of international environmental problems and the political, economic and legal dimensions to their solutions.  Participants in the course should be able to identify the basic elements of international law relevant to international environmental problems, as well as the basic principles of economics and political science applicable to the development of policies for such problems.  Each student should be able to provide an integrated analysis of a specific international environmental problem, combining political, economic and legal dimensions in that analysis. The ultimate goal is that the student should be able to apply such integrated analysis to a case study of their choice in international environmental regulation.

Course Evaluation

Each student shall select a case study in the area of environmental regulation and undertake an integrated analysis of the legal, economic and political issues relevant to that case study.   The student shall be evaluated on:  a) the choice of case study; b) the use of integrated analysis (legal, economic, political); and c) the quality of reasoning applied within the case study.   The student will be required to submit a  title and 2 page outline of the proposed case study in class no later than 12th April (penalties will apply to incomplete outlines or outlines received later than this date).   The final paper – of no more than 5000 words - is due in class on 31st May.  The case study with all of its component will account for 90% of the grade.

Students are expected to have done the assigned readings prior to class. Class participation will be also evaluated and will account for 10% of the grade. The class participation assessment will reflect the students’ overall contribution to class discussion, participation in panel discussions with guest speakers, and group assignment performance during week 9.  

 

Course Outline

Week 1: 22 February

Introduction 

Week 2: 1 March

Governance Issues in the Regulation of Oil and Gas

Fisher, Investments on Energy, New Jersey, Wiley, 2009, pp. 3-17.

Redgwell, C., “International Regulation of Energy Activities”, in Roggenkamp, M. (ed.), Energy Law in Europe: national, EU, and international regulation, Oxford, Oxford University Press, 2007, pp. 13-143.

K. Doran, L. Guruswamy, “The Effectiveness and Impact of International Energy Treaties”, in L. Parker, J. Ronk, B. Gentry (eds.), From Barriers to Opportunities: Renewable Energy Issues in Law and Policy, New Haven: Yale, 2006-2007.

Cameron, P. D., International Energy Investment Law, Oxford, Oxford University Press, 2010, pp. 3-50, 59-102, and 145-164.

Mitchell, Ronald. 1994. “Regime Design Matters: Intentional Oil Pollution and Treaty Compliance” International Organization 48:3, 425-458

Conservation and Biodiversity

Week 3: 8 March

The Conservation of Nature: Parks, Protected Areas/Habitats and the Road to the CBD Early Conventions and Approaches to Protected Habitats and Species:

De Klemm,C. and Shine, C. (1993).  Biological Diversity Conservation and the Law, IUCN:Gland.

The Convention on Wetlands of International Importance Especially Waterfowl Habitat, (Ramsar Convention 1971).  TIAS No 11084, 996 UNTS 245, available at www.iucn.org

Convention for the Protection of the World Cultural and Natural Heritage (World Heritage Convention, Paris, 1972), 1037 UNTS 151

Information on Protected Areas, Location and Legal Status

Lyster, S. 1985.  International Wildlife Law.

Convention on Migratory Species, (Bonn Convention)

Antarctic Treaty System:

Antarctic Treaty System documents and meetings; website of the scientific committee on Antarctic research

Handbook on Antarctic Treaty System

Joyner, C. and Chopra, S., 1988, The Antarctic Legal Regime, Martinus Nijhoff Publishers, Dordrecht, The Netherlands.

Joyner, C. 1989.  Book Review: The Evolving Antarctic Legal Regime, 83 American Journal of International Law 605.

Road to the CBD:

Swanson, T. 1998.  Global Action for Biodiversity, Earthscan:London.

The website of the secretariat of the Convention for Biological Diversity

Chandler, M. 1993.  “The Biodiversity Convention: Selected Issues of Interest”, Colorado Journal of International Environmental Law & Policy.

Week 4: 15 March

Biodiversity II: Negotiating over Property Rights under the CBD. International and Domestic Laws Regarding Property Rights and Plant Genetic Resources.

Swanson,T. 2002.  International Management of R&D within the Biological Sector: The Role of Property Right Regimes.  World Bank Research Paper.

Swanson, T., Purdy, R. and Uy, A. 2008.  “Problems in Implementing Traditional Property Rights: the Philippines case study in Karechepone, N.,  Conserving and Valuing Ecosystem Services and Biological Diversity, Earthscan.

Cooper, D., 2002.  The International Treaty on Plant Genetic Resources for Food and Agriculture, Reciel  11:1.

Week 5: 22 March

Biodiversity Futures

Panel on Green Development Mechanism  [Frank Vorhies presenting]

Environment and Trade

Week 6: 29 March

Analysing MEAs in the Area of Trade and Environment

Johnstone, N.   (1992)   International Trade and Environmental Quality in Swanson (ed) The Economics of Environmental Degradation, CUP.
CITES, Trade and Development:

Convention on Trade in Endangered Species, Washington, 1973

Sand, P. 1997.  “Whither CITES?  The Evolution of a Treaty Regime in the Borderland of Trade and Environment”,  European Journal of International Law, 8(1):29-58.

Swanson, T. 1991.  “The Evolving Trade Mechanisms in CITES”, RECIEL

Elephant and Ivory Trade Case Study:

Favre, D. 2001.  “Elephants, Ivory and International Law”, RECIEL 10(3):277-287.

Heimert, 1995.  How the Elephant Lost Its Tusks, Yale Law Journal.

Swanson, et. al. 1990.  Elephants, Economics and Ivory, Earthscan.

Basel Convention and Trade in Toxics:

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Basel, 1989

Krueger, J.  2001.  Basel Convention and International Regulation of Hazardous Waste Trade.  Environment.

Kummer, 1998.  The Hazardous Waste Trade: 10 Years On.  RECIEL 7:227-336.

Wirth, D  1998.  Trade Implications of the Basel Convention Amendment Banning North-South Trade in  Hazardous Wastes, RECIEL 7:237-246. (WTO)

Week 7: 5 April

Financing Sustainable Development

Viñuales, J. E., “Foreign Investment and the Environment in International Law: An Ambiguous Relationship”, in British Yearbook of International Law, vol. 80, 2009, pp. 244-332.

Viñuales, J. E., “The Resource Curse in Legal Perspective”, in Global Governance, vol. 17, no. 2.

Morgera, E., Corporate Accountability in International Environmental Law, Oxford: Oxford University Press, 2009, 77-118.

Week 8: 12 April

Panel Discussion on Cases from GATT/WTO    [Joost Pauwelyn presenting]
 

Atmosphere

Week 9: 19 April

Science and International Regulation: LRTAP and Montreal Protocol

Tuinstra, Willemnijn, Leen Hordijk, and Markus Amann. 1999. “Using Computer Models in International Cooperation.” Environment, Vol. 44 No. 9, p. 32.

Wettestad, Jorgen. 2002. Clearing the Air. Europe Tackles Transboundary Pollution.” Environment, 44:2, p. 32.

Parson, Edward. 2003 Protecting the Ozone Layer: Science and Strategy. Chapters 2(p. 14-25); 5 (110-146); 9, p. 245-280.

Mitchell, R. et al. 2006. “Information and Influence” in Mitchell, R. et al (eds.) Global Environmental Assessments, Ch. 11, p. 307-338

Week 10: 3 May

Framework Convention on Climate Change and Kyoto Protocol:

Michael Grubb, Christiaan Vrolijk, Duncan Brack. 1999. The Kyoto Protocol: a Guide and Assessment. Chapters 2 and 3, p. 27-114.

Barrett, Scott. 2003. Environment and Statecraft: the Strategy of Environmental Treaty. Chapter 15: Global Climate Change and the Kyoto Protocol.” P. 359-398. Oxford Univ. Press, 2003

Dimitrov, Radoslav S. 2010. Inside Copenhagen: The State of Climate Governance. Global Environmental Politics, May 2010, Vol. 10 Issue 2, p18-24.

Viñuales, J. E. Balancing Effectiveness and Fairness in the Redesign of the Climate Change Regime. Centre for International Environmental Studies, Research Paper No. 01:

Wara, Michael. (2007-2008) Measuring the Clean Development Mechanism’s Performance and Potential. 55 UCLA Law Review 1804

Grubb, Michael, Tim Laing, Thomas Counsell, and Catherine Willan. 2011. Global carbon mechanisms: lessons and implications. Climatic Change (2011) 104: 539–573.

Group assignment: Each group should research and present briefly (5min) the evolution of negotiating position on climate change of one the following countries/political entities: the EU, USA, Japan, Russia, China, India, Brazil, South Africa, Australia, Bangladesh

Week 11: 10 May

Public-Private Partnerships for Climate Change

Ostrom Elinor. 2009. A Polycentric Approach for Coping with Climate Change.Washington, DC:World Bank

Andonova L. 2010. Public-private partnerships for the earth: politics and patterns of hybrid authority in the multilateral system. Global Environmental Politics 10:25–53

Michaelowa, Axel and Katharina Michaelowa. 2010. Climate Business for Poverty Reduction? The Role of the World Bank. CIS working paper No. 59, Center for Comparative and International Studies, University of Zurich and ETH Zurich.

Bäckstrand, Karin. 2008. Accountability of Networked Climate Governance: The Rise of Transnational Climate Partnerships. Global Environmental Politics, Aug 2008, Vol. 8 Issue 3, p74-102.

Andonova, Liliana 2009. “Networks, Club Goods, and Partnerships for Sustainability: The Green Power Market Development Group.” In Vollmer, D., ed. Enhancing the Effectiveness of Sustainability Partnerships. Washington, DC: The National Academies Press.

Check the climate partnership portfolios of one of the following:

World Bank Carbon Finance

United Nations Fund for International Partnerships

Small Grants Program of the GEF

UNEP

World Business Council for Sustainable Development

WWF

 

Week 12: 17 May

Panel Discussion: Business Perspective on Climate Governance

Matthew Bateson, Managing Director for Energy and Climate

 

Week 13: 24 May

Discussion of Final Papers

Schedule for individual meetings will be announced

Week 14: 31 May
Final papers due