Environmental law

  • A.A. 2019/2020
  • 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 the field of tourism. In other words, the course aims to prepare professionals with management capabilities in the field of tourism 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. It 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. It will 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. It 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. It 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 the path of the course 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, it will be studied the role played by agricultural activities (as the only eco-sustainable business that creates environment) and in general activities in the field of tourism (which can use and preserve the environment for business proposes). 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 it will consider even international environmental law and 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 groups
    - 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