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Env S 131: International Environmental Law


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Syllabus for Spring 2004

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 country’s 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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