Climate Change Law
| Module title | Climate Change Law |
|---|---|
| Module code | LAWM184C |
| Academic year | 2024/5 |
| Credits | 15 |
| Module staff | Dr Tiago De Melo Cartaxo (Convenor) Dr Livia Regina Batista (Convenor) Dr Misan Afinotan (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 25 |
|---|
Module description
The climate crisis is a major social, environmental, and legal challenge that affects everyone. But it has been well-documented that burdens of the climate change are unevenly distributed in communities across the world. In this module, you will explore how the global climate change both emerges from and reinforces historically inequitable power relations and how different levels and modes of governance address the issue. Turning to other disciplinary perspectives in addition to law and drawing on climate litigation and examples of case law in disparate areas of the world, we will explore the complexities of the legal framework to address climate change.
For that, this course is important and open for everyone, not just environmental lawyers, although students are expected to engage with legal language, processes, and source material with support.
Module aims - intentions of the module
This module aims to provide you with a critical understanding of law and policies on climate change at different levels of governance, from the international framework on climate change to implementation at a regional and national level (both EU and the UK), and even local climate law. The development of the international regime on climate change, as well as the key principles and concepts, such as the evolution of the Principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR&RC), since the end of the 1980s will be analysed in the module. Additionally, it will explore key governance approaches to mitigation of and adaptation to climate change, including emissions trading systems, carbon pricing mechanisms, and climate resilience planning. In parallel, it will bring discussions about climate justice from a decolonial approach, as well as the role of climate litigation, both nationally and internationally, in holding governments and corporations accountable for their contributions to climate change, and how it differs (if any) between the Global-North and the Global-South. It will also address issues at stake in different legal areas (e.g., trade, human rights, migration, intellectual property rights) and across different sectors. For that, it will build on both the literature and examples of case law in disparate areas of the world.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Demonstrate a critical understanding of law and policies on climate change
- 2. Demonstrate a critical understanding of the international regime on climate change and how it relates to different legal areas
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Formulate your own arguments about the role of different stakeholders in addressing climate change
- 4. Critically assess the legal tools and principles related to climate change
- 5. Critically analyse the challenges in the implementation and compliance of climate change law
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. Construct well-structured and evidence-based arguments and communicate them appropriately
- 7. Communicate about climate change and discuss legal solutions with a broad audience
Syllabus plan
While the module’s precise content varies, it is anticipated that it will cover the following themes:
- Regulation on climate change at different levels (international, regional, national, local)
- International regime from UNFCCC to the 2015 Paris Agreement
- Evolution of the CBDR&RC principle
- Market-based mechanisms to address climate change
- Climate litigation across the world and intra- vs. inter-generational justice
- Climate justice and colonialism
- Intersection between climate change and different legal areas (e.g., trade, human rights, migration, intellectual property rights)
- Sectoral impacts of/ on climate change
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 30 | 120 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching | 10 | 10x 1-hour lectures |
| Scheduled learning and teaching | 20 | 10x 2-hours student-guided seminars |
| Guided independent study | 70 | Preparation for assessments |
| Guided independent study | 50 | Preparation for seminar and reading the suggested materials |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Seminar presentation | 10 minutes | 1-7 | Oral and peer review |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Podcast article | 30 | 5 minutes (500 words) | 3-5; 7 | Written |
| Essay | 70 | 2,250 words | 1-2; 4-6 | Written |
| 0 | ||||
| 0 | ||||
| 0 | ||||
| 0 |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Podcast article | Podcast article (5 minutes / 500 words) | 3-5; 7 | Reassessment period |
| Essay | Essay (2,250 words) | 1-2; 4-6 | Reassessment period |
Indicative learning resources - Basic reading
There is no recommended textbook. Books and articles that cover substantial parts of the syllabus are:
Alogna, Ivano et al. (eds.). (2021). Climate Change Litigation: Global Perspectives. Brill, Leiden.
Bodansky, Daniel et al. (2017). International Climate Change Law. Oxford University Press, Oxford.
Mikulewicz, M. et al. (2023). Intersectionality & Climate Justice: a call for synergy in climate change scholarship. Environmental Politics: 1-12.
A comprehensive bibliography will be available to students taking this course.
Indicative learning resources - Web based and electronic resources
-
ELE – College to provide hyperlink to appropriate pages
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 03/04/2023 |
| Last revision date | 03/04/2023 |
