DRT6830D - Droit international public avancé European and International Environmental Law MONTREAL JUNE 30TH JULY 5TH 2008.

Transcription

1 CERIUM s Summer School EUROPEAN AND INTERNATIONAL ENVIRONMENTAL LAW Montreal, July 30 th to July 5 th 2008 DRT6830D - Droit international public avancé European and International Environmental Law MONTREAL JUNE 30TH JULY 5TH 2008 Syllabus 1. General Presentation The Centre for International Studies of the University of Montreal (CERIUM), the Jean Monnet Chair in European Integration and the Institute for European studies, with the collaboration of the Law Faculty of the Université de Montréal, organize for the 4 th year a training course in international and european environmental law. This programme, offered in English and in French, includes 38 hours of lectures and case studies. It will take place at the University of Montreal (Canada), from June 30th to July 5, The training level offered is general, covering the main horizontal topics of International and European law, with a special emphasis on practical enforcement and comparative law. This programme is intended for post-graduate students studying in law, but is also open to other post-graduate students from other fields wishing to acquire a solid overview of international environmental law. Other than students, the course is also attended by civil servants in charge of environmental protection policies, members of non governmental organizations, members of scientific or academic institutions and researchers, economic operators or representatives of professional federations and associations, judges, attorneys and consultants. Their presence enriches the discussion and the learning experience.

2 2. Objectives of the programme - To offer a high quality accelerated, intensive and detailed training on European and international environmental law, in a comparative perspective, given by some of the best world experts ; - To promote the exchange of knowledge and experiences between key participants of different nationalities ; - To offer the participants a complete and updated set of related legal documentation (legal texts and proposals of international conventions and European regulations and directives, Court cases, bibliographies, etc.). 3. Programme The programme is divided into four different parts: it includes introductory lectures presenting a general overview of international and European environmental law and numerous courses on specific topics of international and European environmental law. a) General topics (8 hours) The training course includes two introductory lectures presenting the historical context and describing the origins and sources of international environmental law and of European environmental law. They also present the major principles, the concepts and objectives pursued and the main actors in charge of creating and implementing norms in both legal systems. Moreover, a new topic has been added in the 2008 programme, devoted to Environmental law and human rights. This new seminar will analyse the legislative, political and case law developments recognizing to human beings a real Right to environment. Recognized officially for the first time in the Stockholm declaration of 1972, this fundamental right has known, both at international and regional levels, important developments. The most recent case law in this field of the European Court of human rights in Strasbourg will be among others reviewed. b) Vertical topics (19 hours) A special focus will be made on biodiversity and nature conservation, waste, chemical products and environment protection, air pollution and climate change, water protection and WTO and environment protection. - Biodiversity and nature conservation (3 hours): Biodiversity and nature conservation is one of the most complex issues in environment protection. This course will present an overview and assessment of the Global biodiversity-related international conventions ; their status, objectives, instruments and scope, Similarities, differences and assessment, Number and nature of obligations, Adoption, entry into force and number of Parties, 2 / 11

3 It will specifically concentrate on the Convention on Biological Diversity (CBD) and, at EU level, on the EC Bird Conservation and Habitat directives (concepts and principles, basic approach, objectives, problems, some figures, case law, ). - Waste: Waste management is also a complex and technical subject. The waste management policy and legislation developed at EU level since the 70 s will be described regarding (i) waste installations, (ii) waste materials, (iii) and specific waste streams (packaging, batteries, used oils, PCB/PCT, sewage, end-of-life vehicles, waste electrical and electronic equipment, ). Responsibility of competent authorities and business sector will also be underlined, namely through case law. - Chemical products and environment protection (2 hours): The course on chemical products and environment protection will give an overview of the different measures adopted at international level and at EU level in the field of chemical substances and preparations. The course will among others focus on the new EU regulatory framework for the Registration, Evaluation and Authorization of Chemicals (REACH) recently adopted by the European Commission. The aim of this system is to improve the protection of human health and the environment through better and earlier identification of the properties of chemical substances. At the same time, innovative capability and competitiveness of the EU chemical industry should be enhanced - Air pollution and climate change (3 hours): Action regarding climate change attempts to identify anthropogenic interference with the climate in order to prevent a global temperature increase and greenhouse gas concentration in the atmosphere that are significantly higher than pre-industrialised levels. Despite of the fact that the appearance of climate change issues as a topic of EU environmental policy is rather recent, the EU is now at the forefront of the international community s efforts to combat climate change. This course will review the different international responses to this problem (UN Framework Convention on Climate Change and Kyoto Protocol: goals, principles, financial mechanisms, targets, basic concepts of emission tradings) and the policy developed by the EU in order to implement its international obligations. The question of air quality is one of the areas in which both international organizations and the European Union have been the most active in recent years. This course also presents International air pollution law and the legislation adopted at EU level in order to fulfill the Community obligations resulting from international treaties in order to control level of certain pollutants and to monitor their concentrations in the air. Will also be described the evolution of European law and policy, the general strategies adopted to combat air pollution, the mobile sources of air pollution. - Water protection (5 hours): In a similar way, water resources are under threat from many human activities. Water policy pursues two objectives: on the one hand, it establishes quality requirements for specific water uses (surface waters, groundwater, bathing or drinking water) ; on the other hand, it tries to limit discharges of pollutants onto the water. This course presents the international policy followed in this field and the new EU water regime. European Union is indeed conducting an extensive range of 3 / 11

4 legislative measures in order to ensure a sustainable management of water quantity and quality in Europe. It also deals with questions of international private law such as questions of civil liability and transfrontier cooperation. A special seminar of 2 hours will also be devoted to questions linked to water protection, more focusing on the situation prevailing in Canada. - WTO and environment protection (3 hours): In the era of globalization, it is not possible to study environmental law without focusing on issues relating to trade, and more generally to sustainable development. These issues have been discussed in the GATT and in the WTO for many years. Environment is a horizontal issue that cuts across different rules and disciplines in WTO. The issue has been considered by Members both in terms of the impact of environmental policies on trade, and of the impact of trade on the environment. This course gives an overview of these interests at stake. Will be tackled, among others: the Doha mandate on Trade and Environment, Market Access and environmental requirements, the effects of trade liberalization on the environment, the relationship between MEAs and the WTO, transparency and relations with other organizations, an overview of environment-related disputes. c) Cross-disciplinary topics (8 hours) This part tackles three cross-disciplinary topics mainly linked to the effective enforcement of environmental law. - Procedural rights to environment (3 hours): one shall consider the three pillars of the Aarhus Convention; Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. The course will examine into details this important international convention and how the European legislation has implemented it into its legal system through important directives adopted in Environmental liability (2 hours): This seminar discusses the opportunities and problems to prevent and restore environmental damages through the use of liability provisions. The main focus goes to (civil) liability for environmental damage. In that respect, the EC Environmental Liability Directive will be intensively examined. Both the fundamental starting points as the practicability of the EC Environmental Liability Directive will get close attention. - Sustainable development in developing countries (3 hours): will be discussed during this seminar some challenges and issues in the implementation of environment protection specific to developing countries. d) Field visits (3 hours) Montreal being the headquarters for several international secretariats representing the environmental field, two field visits will be organised in the 2008 programme, enabling participants to better understand the functioning and role of two important international 4 / 11

5 conventions and to meet people working daily to the enforcement of these two legal instruments. - Study tour to the Secretariat of the Convention on Biological Diversity The Convention on Biological Diversity (CBD) was signed at the Earth Summit in Rio de Janeiro, Brazil, in 1992 and entered into force on 29 December It is the first global agreement to cover all aspects of biological diversity: the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits arising from the use of genetic resources. The Secretariat of the Convention on Biological Diversity (SCBD), based in Montreal, Canada, was established to support the goals of the Convention. Its primary functions are to organize meetings, prepare reports, assist member governments in the implementation of the various programmes of work, coordinate with other international organizations and collect and disseminate information. - Study tour to the secretariat of the Commission for Environmental Cooperation The Commission for Environmental Cooperation (CEC) is an international organization created by Canada, Mexico and the United States under the North American Agreement on Environmental Cooperation (NAAEC). The CEC was established to address regional environmental concerns, help prevent potential trade and environmental conflicts, and to promote the effective enforcement of environmental law. The Agreement complements the environmental provisions of the North American Free Trade Agreement (NAFTA). The secretariat provides administrative, technical and operational support to the Council established by this Agreement. 4. Teaching tools Courses will be taught by renowned specialists, academics and practitioners from European Union, Canada and international institutions (European Commission and UNEP). Participants are invited to ask questions during the courses and an interactive method will be used as much as possible. 5. Evaluation - 25 points : active participation during lectures, seminars and the roundtable points : dissertation on an issue to be determined by each candidate in international, comparative and European law (40 pages max.). The issue must be in relation to the courses. Each dissertation will include a table of content, a complete bibliography and footnotes. Dissertations must be sent by August 22th 2008 at 4.00 p.m. at the latest, on electronic version on webct (Instructions on how to proceed will be provided during the course.) 5 / 11

6 Appreciation of dissertations will be founded on research quality and on clearness, depth and convincing strength of the elements provided. The dissertation may be written either in English, or in French. 6 / 11

7 6. Languages The programme is offered in two languages; participants have to choose between the English and French programmes. The two study visits will however take place in English only. 7. Pedagogical support All legal documentation will be provided in both languages, French and English. CDroms containing all legislative documents will be sent to the participants a few weeks before the session begins, in French or in English, depending on the choice of each participant. Reading these documents is not compulsory unless contrary indications of professors but highly recommended. Only participants to the training course will be able to access the professors powerpoint presentations (if any), on the web sites of the Jean Monnet Chair and CERIUM. Those powerpoint presentations will be distributed in printed version on demand. 7 / 11

8 8. Schedule ENGLISH PROGRAMME 30 TH JUNE-5 TH JULY 2008 MORNING Monday 30/ am : Registration of participants am: Objectives, Principles, Actors, Instruments and Decision making procedures in International environmental law and policy Prof. J. ELLIS, McGill University Tuesday 1/ am: Water protection Prof. Jochen SOHNLE, University of Savoie, Wednesday 2/ am: Procedural rights to environment, Prof. M. SANCY, Université de Genève and Université de Nantes, Thursday 3/ am : Air pollution and climate change Prof. Agustin GARCIA URETA, University of the Basque Country, Bilbao, Spain Friday 4/ am: Environmental liability M. Nicola NOTARO, DG Environment, European Commission pm: Special questions linked to water protection, Prof. Jamie BENIDICKSON, University of Ottawa Saturday 5/ am: Special issues linked to AFTERNOON pm: Objectives, Principles, Actors, Instruments, and Decision making procedures in European Union environmental law and policy Prof. M. SANCY, Université de Genève, Suisse and Université de Nantes, (simultaneous translation in English) pm: Biodiversity and Nature Conservation Prof. Agustin GARCIA URETA, University of the Basque Country, Bilbao, Spain pm: Waste Mrs Iwona RUMMEL- BULSKA, United Nations Environment Programme (UNEP) pm.: Study tour to the biodiversity secretariat pm: Chemical products and environment protection Mrs Iwona RUMMEL- BULSKA, United nations Environment Programme (UNEP) pm: Study tour and cocktail at the secretariat of the Commission for Environmental Cooperation pm : Sustainable development in developing countries Prof. Agnès MICHELOT, Université de La Rochelle, pm:: Environment and human 8 / 11

9 international trade : WTO and environment protection M. Nicola NOTARO,DG Environment, European Commission and/or Mrs M-CL. CORDONIER-SEGER, Director, CISDL rights: the right to environment protection? Prof. Jochen SOHNLE Université de Savoie, and Agnès MICHELOT, Université de La Rochelle, (simultaneous translation) 3.30 p.m-5 p.m.: Delivery of certificates and closing of the session 9 / 11

10 PROGRAMME EN FRANÇAIS HORAIRE DES COURS 30 JUIN-5 JUILLET 2008 MATIN Lundi 30/6 8h30 : Enregistrement des participants 9h.-12h: Objectifs, principes, acteurs, instruments et procédures de décision en droit international de Prof. SANCY, Université de Genève, Suisse et Université de Nantes, Mardi 1/7 9h-12h : Pollution atmosphérique Prof. Agustin GARCIA URETA, University of the Basque Country, Bilbao, Spain APRÈS-MIDI 14h.-17h: Objectifs, principes, acteurs, instruments et procédures de décision en droit européen de Prof. M. SANCY Université de Genève, Suisse et Université de Nantes, (traduction simultanée en anglais) 14h.-17h: Droits procéduraux de Prof. SANCY, Université de Genève et expert en droit international de Mercredi 2/7 9h.-12h: Déchets Prof. Jochen SOHNLE, University of Savoie, 13h-16h: Biodiversité et protection de la nature Prof. Agustin GARCIA URETA, University of the Basque Country, Bilbao, Spain 16h30: Study tour to the biodiversity secretariat (in English) Jeudi 3/7 9h-12h: Protection de l eau Prof. Jochen SOHNLE, University of Savoie, 14h-16h: Responsabilité environnementale M. Nicola NOTARO, Commission européenne, 16h-17h30 : Study tour and cocktail at the secretariat of the Commission for Environmental Cooperation (in English) Vendredi 4/7 Samedi 5/7 9h-11h. :Produits chimiques Françoise MANIET, Cerium 11h-13h. : Etude de cas sur la biodiversité, Prof. J.P. BEURIER, Université de Nantes, 9h-12h. : Développement durable dans les pvd, Prof. A. MICHELOT, Université de La Rochelle, 14h-17h: OMC et protection de M. Nicola NOTARO, Commission européenne,dg Environnement 13h-15h : Environnement et droits humains : du droit de au droit à Prof. Jochen SOHNLE 10 / 11

11 Université de Savoie, et Agnès MICHELOT, Université de La Rochelle, 15h.30-17h.: Remise des certificats et cocktail de clôture 11 / 11