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Summary (complete lecture notes) EU and Global Environmental risks
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EU and Global Environmental RisksEU and Global Environmental Risks
Syllabus – 2021
1. Subject matter
Environmental problems evidently do not stop at national borders. Indeed, their impacts may
occur at a planetary scale. Notorious cases in point are the twin crises of global biodiversity
loss and climate change. As early as the 1970s, the predecessors of the European Union
adopted Directives and Regulations aimed at protecting the environment. Since then, a huge
body of EU environmental law emerged on a range of environmental problems such as water
pollution, air pollution, marine pollution, the loss of biodiversity, climate change, waste, etc.
As a consequence, almost all domestic environmental law in the EU Member States is largely
determined by EU environmental law. In fact, it is impossible to practice environmental law in
one of the EU Member States without having a thorough knowledge of EU environmental law.
This course will primarily focus on European environmental law and was designed especially
for the European Law and Global Risk LLM programme. However, since many current
environmental problems are actually global risks, international environmental law will be
touched upon too. Many EU environmental Directives and Regulations are intended to
implement international environmental treaties.
2. Course format
The aims of the course are to be pursued through independent study of legal materials and
literature, and attendance of lectures. This should result in knowledge and understanding of
the implications of EU law for a range of environmental issues within their global context. The
lectures take place in Block 4. A written, take-home exam marks the end of the course.
3. Lectures & required reading
The purpose of the lectures is to provide context, highlight selected issues, and offer
opportunities for critical reflection and debate – not to provide comprehensive summaries of
reading materials. Students are advised to prepare for lectures by studying the required
materials, which may consist of one or more chapters from the book European environmental
law (Kingston et al., Cambridge University Press 2017), as well as selected legal instruments
and/or case law. The required reading is specified in a separate document, to be made
available on Canvas. Notably, reading materials are not distributed amongst the various
lectures completely evenly, so some smart planning is required.
4. Examination
1
,A written, take-home exam will take place after the lectures end. The mark for this exam will
also be the grade for the course. The exam will be designed so that it can be completed within
3 hours. However, a timeslot of 24 hours will be allocated to accommodate for technical
eventualities and different time zones. The exam will cover the required reading, i.e., the
prescribed chapters from Kingston et al. and selected legal instruments and case law, and the
content of the lectures. Whereas the exam’s questions can cover all of the aforementioned
materials, there will be an emphasis on the issues explicitly addressed in the lectures. This is
an overview of the content covered by the exam:
• Lectures
• Kingston et al., chapters 1, 3, 4, 5 (p. 168-182), 6, 7, 8, 9, 10, 11, 12, 14
• Legal instruments (see required reading)
• Cases (see required reading)
A few weeks after the original exam, there will be a resit exam with a similar format.
5. Course timeline
06 April – Lecture 1. Introduction
08 April – Lecture 2. Air
12 April – Lecture 3. Water
15 April – Lecture 4. Protected areas
19 April – Lecture 5. Protected species
22 April – Lecture 6. Wildlife trade & invasive species
29 April – Lecture 7. Marine environment
30 April – Lecture 8. Environmental impact assessment
10 May – Lecture 9. Waste
12 May – Lecture 10. Climate change
17 May – Lecture 11. Compliance
20 May – Lecture 12. Final lecture
27-28 May (15:00h-15:00h) – Exam
17-18 June (15:00h-15:00h) – Resit exam
2
,Inhoudsopgave
Lecture 1 – Introduction ................................................................................................................................... 4
Lecture 2 – Air ................................................................................................................................................ 22
Lecture 3 – Water ........................................................................................................................................... 36
Lecture 4 – protected areas ............................................................................................................................ 54
Lecture 5 – Protected Species ......................................................................................................................... 73
Lecture 6 – Wild life trade & invasive species ................................................................................................. 89
Lecture 7 – Marine environment .................................................................................................................. 101
Lecture 8 – Environmental Impact Assessment ............................................................................................ 119
Lecture 9 – Waste......................................................................................................................................... 134
Lecture 10 – ozone layer and climate change ............................................................................................... 152
Lecture 11 – Compliance .............................................................................................................................. 169
Lecture 12 – Final Lecture ............................................................................................................................. 183
3
, Lecture 1 – Introduction
(6/4)
Required reading
- Kingston et al., chapters 1, 3 & 4. (Chapter 2 is optional, and especially recommended
for those without a solid basic knowledge in EU law.)
Audio versions will be published on canvas
Introduction
…
EU & Global environmental risks – SUBSTANCE
- Global – regional – European Union – national – local
o Linkages:
▪ Ecological
▪ Regulatory
▪ …
The law of EU between global and local law and legal & political regimes on the hand
and national and local context on the other hand. There are linkages between the EU
law part and the global regime and the national regimes.
There are also ecological linkages [see the picture], all of that is interlinked. It
influences the legal regimens and the legal regimes influence the physical world.
- Environmental risks
o Risk = likelihood x impact of something harmful occurring
o Threats
o Risk concept consist of the function of likelihood of something harmful
occurring.
- Law
o Center of attention
o EU law, within broader context
And that law is based on policy, environmental policy
EU environmental policy – Art. 3 TFEU
Let’s have a look at EU based environmental policy.
4
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