International Climate Change Law

Module summary

This module explores the problem of global, anthropogenic climate change and the legal solutions that have sought to address it. This is an area of legal regulation that has developed most influentially in the realm of Public International Law in the form of the United Nations Framework Convention on Climate Change and its Kyoto Protocol, and the ongoing negotiations in that forum. Commencing with a detailed exploration of the UNFCCC and its position in PIL, this module moves to detailed analysis of the Kyoto Protocol and in particular its key mechanism, the Clean Development Mechanism. The particularities of compliance in the climate change regime will also be addressed. This module will alos consider the relationship that legal sub-disciplines and concepts such as human rights, justice and ethics (in the context of geoengineering) and intellectual property have, and may have, with climate law.

International Climate Change Law is avowedly inter-disciplinary, drawing on insights from economics, ethics, international relations theory and the physical sciences. A feature of this module is its close relationship to fundamental research that is undertaken across the University. In addition to the course organiser, certain seminars will be taken by colleagues with research interests in aspects of the module.

Session titles

  1. Introduction to PIL and climate change
  2. UNFCCC: Principles, Institutions, Process and Actors
  3. UNFCCC: Legal Status of COP Decisions and Legal Form
  4. UNFCCC: COP Negotiation Exercise
  5. Kyoto Protocol: Commitments, Mechanisms and 'Challenges'
  6. Kyoto Protocol: CDM Project Cycle
  7. Kyoto Protocol: Compliance
  8. Climate Change and Human Rights
  9. Geoengineering: Ethical, Scientific and Legal Considerations
  10. Technology Transfer and Intellectual Property Rights

Learning outcomes

By the end of this module you should have:

  • detailed understanding of the sources and processes of public international law;
  • detailed understanding of the sources and processes of the international climate regime;
  • relationship between the law of climate change and related disciplinary approaches, both within and outwith the social sciences;
  • knowledge of specific emerging climate mitigation technologies and approaches, and the legal regulation.

Assessment

5000-word essay (60%); assessed course work (20%); participation in online activity (20%).

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