F1ES 4435 - Environmental and Climate Litigation in the Global Governance

This course analyzes the role of law in combating Climate Change, emphasizing the emergence of a Legal Doctrine and the development of judicial solutions at both International and Domestic levels. Given the limits of International Environmental Law, local, domestic, and regional actions have become essential. Human Rights Law is also renewed and mobilized to fight Climate Change before Courts. The course examines Global Climate Governance through the rise of climate litigation and emerging trends in this field.

Learning Outcomes

• Be cognizant of the role of environmental and climate litigation in pursuing environmental protection.
• Have a clear understanding of the principal issues, dynamics and obstacles of environmental and climate litigation.
• Be better able to critically understand and assess the legal tools and principles related to environmental and climate litigation.
• Be able to identify critical domestic, comparative and international climate-related cases and opportunities for climate action.

Professional Skills

Participants to the course will be introduced to a range of definitions, concepts and topics which provide foundational knowledge in Environmental and Climate law, with practical applications for how law can be used to mediate, prevent, and redress environmental and climate challenges.

Students should leave the course at the end of the semester empowered with confidence in their understanding of the basis of Environmental and Climate protection and equipped with tools and perspectives to act both as individuals and within their professional roles.

This course will allow students to effectively engage with or bring legal challenges in current and future environmental and climate disputes.

A legal background for the course is required even though not critical. It may be useful for learners to have an understanding of legal systems and processes. Also, some knowledge on Environmental and/or Climate Change phenomenon will help students to better understand the different issues at stake. This will help students making progress.

A certain level of commitment is expected – we recommend dedicating 5-6 hours a week to your studies. Some activities and tasks will take place at home, so make sure you can dedicate a minimum of hours per week to preparing the course, follow it and complete the mandatory activities.

Pedagogical and feedback format

At mid-semester all students will have to participate during the sessions equally so as to allow the teacher to have an initial estimate of their engagement and their apprehension and learning of the course.

At the end of the semester, the teacher will add up the percentages of the individual participation + the group maps+ and the group mock trial in order to determine the grade.

Assessment:

In your final assignment, you will demonstrate your understanding of the various concepts that have been considered during this course and use them to develop a video pitch to introduce climate challenges in courts.

Type of assessment:

• Draw comparative Maps of climate litigation through the world (groups) 15%
• Groups Mock Trials 20%
• Final assignment written in class, Individual 50%
• Individual engaged discussions (mandatory readings) 15%

Detail of each assignment:

• The groups will draft maps and graphics (15%) on different topics and regions of the world concerning climate litigation since 2015 Global cases and Sabin Center Databases. We will compare and comment them during sessions
• The groups will organinize a Mock Trial (20%), following the Teacher instructions. The mock trials will take place during sessions. They will be prepared in advance under the supervision and with the assistance of the Professor.
• The individual final assignment (50%) will take place in the classroom. The assignment will consist on answering to 3 questions following specific instructions (length and materials allowed) on-site and in the classroom, in writing. The 3 questions corresponding to the course syllabus.
• Oral participation during the sessions is individual and mandatory (15%). This involves preparing the readings designated for the session. Students must be able, when questioned by the professor or voluntarily, to present in a synthesized manner.

Course workload:

• Attendance: 2 hours a week / 24 hours a semester
• Online learning activities: Tutorial (if needed) 1 hour a week
• Reading and Preparation for Class: 3 hours a week / 36 hours a semester
• Research and Preparation for Group Work: 2 hours a week / 24 hours a semester
• Other: Readings are mandatory