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Environmental Studies 131
INTERNATIONAL ENVIRONMENTAL LAW & DIPLOMACY
Professor McGinnes / Spring 2004
This course explores the evolving role of international law in addressing
environmental issues and problems around the world. Our inquiry
is driven by such questions as: What are the primary sources of
international environmental law? What is the relationship between
international environmental law and intra-national environmental
laws? What is the relationship between international environmental
law and human rights, national security and trade policies in the
conduct of international relations? Who are the major players in
the field of international environmental law and diplomacy and how
do they relate to each other? How is international environmental
law enforced? These and related questions are illuminated and analyzed
in discussion and workshop sessions of a continuous "learning
circle" wherein the instructor asks questions (rather than
lecturing) to facilitate a lively exchange of views centered around
the assigned readings and current events.
Texts and Materials:
International Environmental Law, Guruswamy ("IEL"),
bookstore
Global Environmental Politics, Porter et al. ("GEP"),
bookstore
Environmental Diplomacy, Susskind ("ED"), bookstore
Supplemental Readings and Materials, ("SUPP"), Alternative
in I.V.
In addition to assigned readings in the above texts, students are
expected to scan on a daily basis a newspaper (aside from the Nexus)
or an on-line news service in order to be informed about current
cases and controversies that pertain to the subject matter of the
course. Among the better websites for current environmental news:
http://www.eenews.net/dailygw.htm, http://www.ens-news.com/, http://www.gristmagazine.com/grist/,
http://www.rachel.org/home_eng.htm .
Requirements:
A learning circle is a hands-on / minds-on approach which involves
considerably more preparation and interaction than a standard listening-to-lecturing
experience. Regular attendance and prepared participation in discussion
are important to the experience of the group who comprise the learning
circle. The right to participate entails the duty to participate.
Be advised: be prepared!
Grades will be determined on the basis of a midterm exam, a research
report, and a final exam, each weighed equally, and consideration
will also be given to attendance and the quality of classroom participation.
Instructor:
J.Marc McGinnes, J.D. Office hours: Wednesdays 10:00-11:45 and
at other times by appointment; Girvetz 2310; 893-2657; email: mcginnes@es.ucsb.edu
SCHEDULE
(subject to revision)
Week 1
3/30-- Introductions/orientation/overview; selection of countries
for written and oral reports;
for next session read GEP Chap. 1.
4/1-- Appearance of The Visitors and their inquiries about the
state of humanity and the world; next: GEP Chap. 2
Week 2
4/6-- Opening of criminal investigation into human activities and
attitudes, with particular focus
on nature of human law-making and identities of lawmakers in domestic
and international environmental law; next:, GEP 79-87, IEL 414-433.
4/8--Continuing criminal investigation (CCI); case-study: transboundary
air pollution; next: GEP 87-93, IEL 226-244, SUPP 81-100.
Week 3
4/13-- CCI with focus on assigned case study; next: SUPP 69-80.
4/15-- CCI with focus on case studies; next: IEL 1-104, SUPP 1-32.
Week 4
4/20-- CCI with focus on case studies; next: SUPP 32-68.
4/22-- CCI with focus on case studies; next: review of readings
and sessions to date in preparation for written examination (midterm)on
4/29.
Week 5
4/27-- CCI with focus on case studies; next: GEP 93-103, 124-130,
and 135-141; IEL 382-413
and 127-173; SUPP 121-137.
4/29-- Midterm examination; next: SUPP 165-169 and website items
on IWC and fishing stocks in preparation for Fishbanks role-playing
exercise.
Week 6
5/4-- Fishbanks role-playing exercise; read ED 3-61.
5/6-- Fishbanks role-playing exercise; next GEP 103-112 and 130-135;
IEL 274-319, 246-273, and 471-483; SUPP 101-120.
Week 7
5/11-- CCI with focus on case studies; next: IEL 484-538 and designated
website items TBA.
5/13-- Guest David Krieger, international lawyer and president
of the Nuclear
Age Peace Foundation; next: ED 62-98.
Week 8
5/18-- Country reports due at beginning of class (these will not
be available for use in making
oral presentations, so make appropriate notes or copies) and beginning
of oral presentations (5 minutes in length; volunteers first and
then random selection); read ED 99-149.
5/20-- Oral presentations continue; next: study the International
Bill of Rights (on the IBOR website)
Week 9
5/25-- Guest Kirk Boyd, environmental and human rights lawyer and
founder and executive
edirector of the International Bill of Rights Project; next: GEP
147-218.
5/27-- Oral presentations continue and conclude; next: GEP 112-124;
IEL 174-225 and SUPP 155-163 in preparation for role-playing negotiation
of a Protocol to Control Greenhouse Gases
.
Week 10
6/3-- Role-playing negotiation of a Protocol to Control Greenhouse
Gases.
6/5-- Course wrap-up and evaluation.
Final exam: Monday, June 9, 12:00-2:00
=====================
RESEARCH ASSIGNMENT
For the country which you have selected or to which you have been
assigned, respond to the following requests and questions in a typewritten
paper, four to six pages in length, printed on both sides of sheet.
10-12 point font; double-spacing; one inch margins at top, bottom
and sides. Edit carefully!
Due in class, Tuesday, May 18. Significant penalty for late submittal.
1. Briefly describe the political, economic, and demographic history
of your country within the past 50 years. Include the countrys
current population and rate of increase or decrease.
2. What are your country's most important economic assets at the
present time? What are its most pressing environmental problems?
3. What portion of your country's gross national product is spent
on its military? For debt service? For education? For environmental
protection? Provide a pie chart showing all major expenditures.
4. Are any multi-national corporations engaged in economic activities
within your country? Which? Doing what? Briefly describe one or
more examples having major environmental impact(s).
5. Are any nongovernmental environmental organizations engaged in
environmental protection activities within your country? Which?
Doing what? Major example(s)?
6. What are the three most important international conventions or
agreements pertaining to environmental issues to which your country
is a party? Why?
7. Has your country declined to become a party to any major international
conventions or agreements pertaining to environmental issues? Which?
Why? Major example(s)?
8. Identify your sources for this assignment, using a standard citations
format.Words of advice:
Start early; do not leave this work to the last minute. This will
save a lot of stress and possible grief later on.
It may be impossible to get all of the information you need in hard
copy or even on line. You may need to contact diplomatic or other
official representatives of your country whose offices are in the
U.S.
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