Environmental law - Enviromental law

  • A.A. 2016/2017
  • CFU 6
  • Ore 36
  • Classe di laurea LM-49
Matteo Benozzo / Ricercatore / Diritto privato (IUS/01)
Dipartimento di Scienze della Formazione, dei Beni Culturali e del Turismo
Prerequisiti

no prerequisite is required

Obiettivi del corso

The overall goal of this course is to provide students with an understanding of the
law in general and to raise awareness and general knowledge in the field of
environmental law in Europe and in Italy. In particular, the course intends to provide
advanced technical and operational skills required for the use and exploitation of
natural resources within the limits of environmental protection rules and the criteria
of effectiveness, efficiency and economy. In other words, the course aims to prepare
professionals with management capabilities for using limited resources in
compliance with Law and applicable principles.

Programma del corso

In the 21st Century problems such as climate change, ozone depletion, biodiversity,
and water and land pollution are a central part of international and national politics
and policy. This course will consider in detail the legal and policy dynamics of
environmental regulation and critically assesses the role that law has to play in
regulating the environment. We will begin by considering key concepts such as
theoretical perspective, and the transposition of such concepts into legal norms,
studying the legal definition of environment. We emphasize the increasingly
important role of principles such as sustainable development, prevention, precaution,
"who ever pollutes must pay", and modification and correction of the pollution from
the origin, by which the law might be judged and further developed. We will then
examine regulatory philosophies and mechanisms, ranging from traditional
regulatory approaches such as private civil liability through public mechanisms such
as fiscal instruments, criminal sanctions and self-regulation. We will continue
considering a range of sectoral issues within environmental law, including pollution
and development control, biodiversity conservation, risk assessment and
management, waste and wastewater regulations, air emissions, biotechnology
pollution, as well as issues relevant to environmental litigation such as public
participation, access to information, human rights, and environmental citizenship.
The bases for our path will be the texts of the relevant treaties, and legislative
instruments, as well as the most important Italian Supreme Court and European
Court of Justice decisions. Moreover, we will study the role played by agricultural
activities (as the only eco-sustainable business that creates environment). Although
the course uses most of the Italian environmental regulations and policy as a case
study for examining issues of environmental law, the EC environmental law is the
core of this course, however we will consider even international environmental law
and we will draw upon examples from other jurisdictions. During the course it will be
organized seminars with distinguished international and external speakers;
professors and doctors will be invited to speak about their work and experience in
the environmental field.

Testi (A)dottati, (C)onsigliati
  • 1.  (A) M. Lee EU Environmental Law Governance and Decision-Making Hart Publishing, Oxford, 2014 » Pagine/Capitoli: 1-250
  • 2.  (A) Jan H. Jans; Hans H.B. Vedder European Environmental Law europa law publishing, Groningen HA The Netherlands, 2012 » Pagine/Capitoli: 1-133, 183-246, 297-521
Metodi didattici
  • - Lectures
    - Practice in small and medium group
    - Presentation of topics and draft papers
Modalità di valutazione
  • The exam is oral. It consists of a series of questions aimed at ascertaining the
    theoretical knowledge of the student, and requires the formulation of answers in
    order to contextualize the single arguments in the entire content of the course
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English