Curriculum Guide · Courses

Professor Mager

J.D. Course 1012 (cross-listed) | 1 credit hours

The European Union´s aim is not only to establish an internal market, it shall also work for a sustainable development in Europe, which means a balanced economic growth, allowing a high level of protection and improvement of the quality of the environment (see Art. 3 III TEU = Treaty on the European Union). For this purpose the Treaty on the Functioning of the European Union (TFEU) confers broad competences on the EU. On the basis of these competences the EU is contracting partner of many international treaties on the protection of the environment. It coordinates not only largely the internal but also the international environmental policy of its 27 member states. That´s why – from an international point of view – it is interesting to know the concepts and aims of the EU environmental policy. Furthermore, also national environmental law deals with problems which are either global / international by nature or which are spread all over the globe (overuse of natural resources, pollution, hazardous waste …). To consider if similar problems find similar or different solutions in different legal orders will promote the understanding of what environmental law can do to solve or mitigate the problems.

The course shall provide an overview of the evolution of Environmental Law in the EU, of the competences of the EU in this field as well as of the guiding principles. Legislation on
- environmental impact assessment and access to environmental information
- climate change (implementation of the Kyoto-Protocol in the EU)
- air pollution
- water protection
- the conservation of nature and
- waste
will be treated.

An in-class exam (2 hours) will take place.

Prerequisite: Environmental Law. Knowledge of European Law and International Law is helpful but not required.

This course will meet for seven sessions in the first three weeks of the Fall 2011 semester. While the class will meet regularly on Tuesdays and Thursdays, there will be one Friday session, 9/9, 9:00 a.m.-11:00 a.m. The class meeting dates are: 8/30, 9/1, 9/6, 9/8, 9/9 (Friday), 9/13 and 9/15.