At the end of the course, students will be able to:
a. Define, understand and use the legal concepts and principles that shape environmental and sustainable development law;
b. Read, understand and comment on a court decision dealing with a legal issue covered in the course;
c. Understand the role played by international and European law in achieving the Sustainable Development Goals and, in particular, in protecting the environment;
d. Explain the potential, qualities and shortcomings of legal instruments in protecting the environment and implementing sustainable development policies;
e. Understand the interweaving of legal disciplines (private law, public law, European and international law) and non-legal disciplines (economics, sociology, physics, etc.) in achieving the Sustainable Development Goals.
In addition to these specific skills, students must also acquire a series of cross-disciplinary skills:
a. Communicating precise, nuanced and convincing legal reasoning orally;
b. Defending a point of view in an argumentative and rigorous manner in a complex field;
c. Feeding the teaching with personal contributions and reflections (orally, during the course and in the examination);
d. Demonstrating a critical approach to a legal rule, a legal solution, a political proposal or any other resource seen during the course;
e. Demonstrating autonomy and responsibility in the implementation of tools leading to success;
f. Reflecting on the environmental and social impact of his/her actions;
g. Evaluating its standards, practices and values in the light of the Sustainable Development Goals.
h. Learning to work and think in groups.
The climate catastrophes that have struck the planet, put into perspective by the latest IPCC report, suggest that the 'Environmental Law and Sustainable Development' course, although traditionally an optional course, will occupy a central place in the training of current and future students, whether or not they are lawyers.
The aim of the course is to analyse and explain, for lawyers and non-lawyers alike, how the law reacts and can contribute to protecting the environment using its own principles and techniques.
The course also aims to show how environmental law, and law in general, is evolving to make way for a new imperative, sustainable development.
More broadly, the course aims to make students aware of the importance of the environmental and sustainable development issues facing us, with a view to helping them become committed citizens and responsible players in society. As such, the course contributes to the achievement of the Sustainable Development Goals.
After reviewing the sources of environmental and sustainable development law, the course highlights the main principles that structure the subject (precautionary principle, polluter-pays principle, integration principle, etc.), while focusing on two new founding trends: the construction of an environmental democracy and the emergence of the notion of sustainable development in law.
The concept of sustainable development and its implementation will be explored in depth in a lecture course featuring experts from non-law disciplines (climatology, economics, etc.).
Finally, the course looks at how the legal framework relating to human rights can contribute to the Sustainable Development Goals, and in particular to preserving the environment.
Introductory title: The contours and challenges of a law in transition
Title I: Sources of environmental law
Title II: General principles of environmental law
Title III: The emergence of sustainable development in law
Title IV: The construction of an "environmental democracy"
Title V: Environment, sustainable development and human rights
There are no practical exercises/monitoring for this course.
The examination is oral and lasts about 20 minutes. It takes place in January and/or August-September. The student may use any legislative or jurisprudential text seen in class as long as it is not annotated*.
The examination consists of three types of questions on different parts of the subject:
i. Tests (True or False + justification)
ii. Commentary on a court decision seen in class
iii. Discussion of personal reflections carried out individually or in groups (as chosen by the student) in accordance with the guidelines provided by the teacher from a list of themes available on WebCampus.
Where appropriate, the student's participation in certain activities offered may be included in the final assessment.
*Legislation and case law may be underlined and highlighted in accordance with the document "Use of the Code in the Faculty of Law". Legislation may also be annotated (legislative references) in accordance with the same document.