APRIL - JUNE 2004
Course Materials
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Topic & Speaker
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Click for Presentation Link |
Reading Materials |
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March 29, 2004 Introduction to Int'l Environmental Law David Linnan Univ of South Carolina School of Law
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Introduction to Int'l Environmental Law
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1. Read for our first class
Mahathir bin Mohamad, Greening of the World to a Better Living: Address by the Prime Minister of Malaysia at the Official Opening of the Second Ministerial Conference of Developing Countries on Environment and Development, on 27 April 1992. Kuala Lumpur; Jabatan perkhidmatan Penerangan Malaysia, 1992
Porter,
Gareth and Janet Welsh Brown. Global Environmental Politics. Boulder; 2. We shall spend much of the first class in lecture format explaining generally the international law system and public international law’s sources of law doctrine as technical background for our course.
[non-law students may wish to look at the following streaming video from a separate basic public international law course to develop a better understanding of how lawyers understand the basic legal issues, click on http://www.lfip.org/laws783/stream.htm and watch at the streaming material 08-22-03 for a general introduction to public international law and 09-02-03 specifically for sources doctrine]
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March 31, 2004
Customary Law as Basis for Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
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1. Read the three following decisions as probably the leading customary law precedents for international environmental law, which ultimately largely define the scope of international environmental law obligations outside treaty:
Trail Smelter Arbitration excerpt
Lake Lanoux Arbitration excerpt
France-Australia Nuclear Test Case excerpt
[if you are red hot and want to see the full text of the basic customary law precedents for international environmental law see the full versions of the Trail Smelter Arbitration, Lake Lanoux Arbitration and France-Australia Nuclear Test Case]
2. Prepare the Rotunda discussion problem using the three customary law precedents above. Non-law students should not worry too much if you are not sure how to use legal precedents to analyze a hypothetical situation like Rotunda. The lawyer's exercise is to extract general principles form the precedents and then to use those principles to analyze the hypotheticals.
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April 5, 2004
Human & Development Rights-based Legal Approaches to Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
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1. Watch the streaming video of Prof Stephen Marks talking July 6, 2000 for circa 20 minutes about The Human Rights Framework and its Relevance for Development to be accessed at
http://www.undp.org/bom/hrworkshop/hrarchive.html
2. Read the 1972 Stockholm Declaration as the modern beginnings of international environmental law.
[Optionally, if you are red hot and really interested in understanding Stockholm in its original terms, you can go to Louis Sohn’s much longer contemporaneous annotated version for more detail at
Also read the following more philosophically-oriented material
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April 7, 2004
Human Development, Sustainable Development & Economic Approaches to Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
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1. Read as bridge between the 1972 Stockholm Declaration era and 1992 Rio Declaration concerning the Brundtland Report and its critics the files
Then read the 1992 Rio Declaration and the 2002 Johannesburg Declaration on Sustainable Development
[optionally, to see how sustainable development starts to look under a human rights methodology and the Earth Charter, see the streaming video of former Dutch Prime Minister Ruud Lubbers’ speaking as UNHCR accessible at http://www.earthcharter.org and compare it with Prof Stephen Marks UNDP talk above]
2. Skim the following introductory material re humans and the environment from a standard undergraduate environmental and natural resource economics textbook
[I just want you to be familiar with the property rights framework of what I would call the neo-classical approach to environmental economics as analytical alternative, much as you read the deep ecology material for Monday’s class.]
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April 12, 2004
General Principles & Indigenous Rights-based Approaches to Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
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1. Compare excerpted complaint filed April 29, 1996, in US District Court, Eastern District for Louisiana Civil Action 96-1476 Tom Beanal et al v. Freeport McMoran (suit ultimately dismissed; a regular human rights count in the complaint was not included in the excerpt) with website material to be found at Freeport-McMoran Copper & Gold Inc. Look at some of the videostreaming on the website concerning the tailings and other matters addressed factually in the complaint
2. Compare Eskimo Whaling Problem with Japan Whaling Association website cultural arguments on the permissibility of whaling
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April 14, 2004
Softer than Soft and Harder than Hard Law ATCA Approaches (Customary Law)
David Linnan Univ of South Carolina School of Law
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Compare the Center for international Environmental Law (CIEL) paper entitled Human Rights, Environment, and Economic Development: Existing and Emerging Standards in International Law and Global Society (1998) with Flores v. Southern Peru Copper Corporation (2d Circuit Docket No. 02-9008, decided August 29, 2003)(download the pdf file directly from the 2d Circuit website) |
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April 19, 2004
Distributive Justice and Agency Problems in Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
John Q. Public in Cascadia Problem
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1. Compare The Distributive Effects of Economic Instruments for Environmental Policy. Pp. 39-62 (OECD 1994)
with
"The Freedom to be Dirtier than the Rest; Why Differing Environmental Priorities Cause Problems for Trade," The Economist, May 30, 1992 [insert link to word file attached as econmay301992rev.doc]
[administrative environmental regulation authorities often engage in de facto negotiation of standards in issuing permits, and if you are interested in seeing this internationally in the administrative guidance tradition on an optional basis check out OECD Environmental Directorate, Voluntary Approaches: Two Japanese Cases]
2. Read for background excerpted Linnan, "Like a Fish Needs a Bicycle: Indonesian Public Law Articulations from Verwaltungstaat to Independent Regulatory Agency and Beyond"
and then address as discussion problem the John Q. Public in Cascadia Problem
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April 21, 2004
Empirical Evidence on Distributive Justice, Trade & Int'l Environmental Law
David Linnan Univ of South Carolina School of Law
Nam Theun Hinboun Hydropower Project in Laos Problem
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[the argued link between globalization, trade and the environment is of special interest, and for those of you not already informed on the subject you might look optionally for a short introduction at World Bank briefing papers to be found at http://web.archive.org/web/20000823054433/www.worldbank.org/html/extdr/pb/globalization/index.htm]
with
and then address as a discussion problem Nam Theun Hinboun Hydropower Project in Laos
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April 26, 2004
Treaty Process Approaches to Int'l Environmental Law: Package Deal vs. Framework Convention
David Linnan Univ of South Carolina School of Law
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LOS (1982) (sample, general treaty end result)
ICCAT (sample, regional resource management body under LOS umbrella)
[optionally, if you are red-hot and want to understand how LOS looks from 20 years' distance, look at the UN LOS 20th anniversary conference materials to learn something about implementation]
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April 28, 2004
Climate Change as the Ultimate Test for the Framework Convention Approach
David Linnan Univ of South Carolina School of Law
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Watch streaming video Honorable David Anderson, Canadian Federal Minister of the Environment on "Why Canada Should Ratify Kyoto" (October 16, 2002) and Streaming video Newshour with Jim Lehrer, "Bush's Environmental Policy: Discussion" (March 29, 2001)
IPCC, Climate Change 2001: Synthesis Report, Summary for Policymakers
[optionally, if you are red hot and wish to hear a scientist discussing the climate change issue from a scientific point of view as follow up to the Synthesis Report, see in streaming video form Dr. David Schindler, "Environmental Costs of Greenhouse Warming" (November 21, 2002)]
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May 3, 2004 Implementation and International Monitoring on the Example of Ozone
David Linnan Univ of South Carolina School of Law
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Wolfgang Fischer, "The Verification of a Greenhouse Gas Convention—a New Task for International Politics?”.Verification Report 1991:Yearbook on Arms Control and Environmental Agreements. New York; The Ape Press, 1991. pp. 197-206
John Sevigny, Mexican, US Officials Discuss Measures to Combat Freon Smuggling (Feb 7, 2003)
Report of First Extraordinary Meeting of the Parties to the Montreal Protocol (March 24-26, 2004) [concentrate on Methyl Bromide discussion, which is used as a fungicide in agriculture]
Montreal Protocol (1987) & Amendments [consult as needed] [if you are red hot and wish to understand what is really going with Ozone depletion and the Montreal Protocol see EPA, Ozone Science: The Facts Behind the Phase-Out and for the current scientific assessment see World Meteorological Association, Executive Summary: Scientific Assessment of Ozone Depletion 2002; to understand the general problem of verification and treaty compliance see Elizabeth P. Barrat-Brown, "Building a Monitoring and Compliance Regime under the Montreal Protocol,” Yale J. Int'l L. vol. 16 (1991)pp. 519-70.
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May 5, 2004
Domestic Implications of International Treaty-Making: The Basel Convention & Hazardous Waste
David Linnan Univ of South Carolina School of Law
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“The International Control of Hazardous Waste,” in Birnie & Boyle, International Law and the Environment 300-44 (1992) [read only 332-43, since here we are only concerned with hazardous waste transfer]
1999 Basel Hazardous Waste Import/Export/Recycling Statistics
Hazardous Waste Discussed (Jakarta Post, January 28, 2004)
Basel Action Network [listen to BAN coordinator Jim Puckett in streaming audio for NGO views, note conflicts in BAN Hall of Shame]
1989 Basel Convention on the Control of Transboundary Movements of Hazardous Waste [consult as needed]
[if you are interested and redhot, see S.D. Myers NAFTA Chapter 11 Partial Arbitration Award re Basel & NAFTA]
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May 10, 2004
1992 Biodiversity Convention & IP Living Organism Overlap David Linnan Univ of South Carolina School of Law
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1992 Convention on Biodiversity [consult as needed]
2000 Cartagena Biosafety Protocol [consult as needed] |
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May 12, 2004 1973 CITES Convention & Approaches to the Marine Environment David Linnan Univ of South Carolina School of Law
Exoticwood CITES Petition Problem
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Pew Oceans Commission Workshop, Managing Marine Fisheries in the United States (2001) [a collection of circa ten 5-8 page papers, of which you should read the Heneman pp. 1-5, Hildreth pp. 6-11, Machinko & Hennessy pp. 17-24, and Bromley pp. 35-39 focusing on the legal aspects namely the papers of in trying to understand the problematic structures of fisheries law and management as an approach to marine natural resource management with a view to environmental preservation]
1973 Convention on the International Trade in Endangered Species [consult as needed]
[if you are red hot and are really interested, beyond the kind of renewable resource management questions on fish, in the marine environment you have a pollution and hazardous waste dumping problem which you can see summarized at “The Regulation of Marine Pollution” in Birnie & Boyle, International Law and the Environment 251-99 (1992) and “The International Control of Hazardous Waste,” in Birnie & Boyle, International Law and the Environment 300-44 (1992) (read 300-32 for the marine hazardous waste issues)] |
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Monday, May 17 Enforcement
& Natural Resources David Linnan Univ of South Carolina School of Law [Indonesian Logging
Problem Group Presentation] Flathead
Mine & Boundary Waters Treaty Problem |
Lake Lanoux Arbitration excerpt |
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Wednesday, May 19 Trade
& Environment (WTO & GATT Article XX Exceptions) David Linnan Univ of South Carolina School of Law Danish Bottle Case
[treat as a WTO problem]
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Relevant WTO Treaty
Provisions Understanding
the WTO: The Environment [if you are interested and are red hot, for more detail
see 1999
WTO Trade & Environment Report, 2002 WTO Secretariat
Note on Article XX Law plus full
text WTO Agreements] |
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Monday, May 24 Trade & Environment (cont’d) David Linnan Univ of South Carolina School of Law Dutch Legislation on Sustainability Labeling & Wood Problem [see pages 91-95 in longer OECD pdf document plus Dutch WTO TBT notification G/TBT/Notif.98/448, February 2, 1998, and Malaysian WTO TBT notification response G/TBT/W/96, November 9, 1998, asking whether the Dutch labeling initiative would survive WTO scrutiny if enacted into law] [Southern Bluefin Tuna
Problem Group Presentation]
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Wednesday, May 26 Trade/Scientific Risk NTBs & Non-State
Aspects David Linnan Univ of South Carolina School of Law Dolly the Sheep GMO Case Study
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2000 Cartagena Biosafety Protocol [if you are interested and red hot, to see what the
private sector is doing on a voluntary basis
see Global Green
Standards: ISO 14000 and Sustainable Development (read
pages 1-26 in longer pdf document) and consult World Business Council for Sustainable Development
(probably the leading "environmentally responsible" business
group; go to their website and
just do a little prospecting looking at concepts like corporate reporting
as what ISO 14000 is used to implement)] |
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Wednesday, June 2 Nafta,
Investment & Sovereignty David Linnan Univ of South Carolina School of Law [Nafta Chapter 11
Methanex Group Presentation] |
“The
North American Free Trade Agreement”. NAFTA and the Environment: Substance
and Process. Ed. Daniel Magraw. Chicago; ABA, 1995. pp 27-78. [Relevant
general NAFTA provisions] |