| Unit name | Environmental Law |
|---|---|
| Unit code | LAWD30123 |
| Credit points | 20 |
| Level of study | H/6 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Professor. Pieraccini |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
This unit provides an opportunity for students to obtain an overview of the concepts used by law when tackling environmental issues, the sources of environmental law and the relative merits of deploying different legal tools. Students will consider the application in the British context of environmental concepts, the role and appropriateness of intervention at international and European level; the relative role of common law and statutory tools; civil and criminal tools; market and regulatory approaches; enforcement issues.
By the end of the unit, successful students will be able to explain: a) strengths and limitations of key environmental legal principles and perspectives b) the relative merits of different types of environmental regulation c) the specific law and regulation of a number of environmental sectors
In relation to a) they should be able to: critically discuss the precautionary principle, the polluter pays principle, the preventive principle, the perspective of sustainable development and the human rights approach to environmental protection. In relation to b), they should be able to: critically compare and discuss command and control regulation, market-based instrument, reflexive environmental regulation and smart regulation. In relation to c), they should become familiar with environmental assessment, environmental liability, land contamination, nature conservation law and climate change law (note that not all these sectors will be studied every year so for example water pollution law may replace the study of land contamination). Although the emphasis is on EU law and national law, students should be able to contextualise the various sectors internationally.
Students should be also able to state the law accurately, to develop greater independence in identifying key principles and aspects of complex statutory regimes, to practice doctrinal research skills and to think critically about ways in which the law could be reformed.
The summative essays are designed to assess both whether students were able to critically engage with conceptual issues and to understand and critically think about legal and regulatory tools and sectors studied throughout the module.
Ten 2- hours seminars to be held fortnightly
Two summative essays of 2500 words each counting 50% of the final mark.
Textbook: Bell& McGillivray, Environmental Law (7th ed OUP) or Holder&Lee, Environmental Protection, Law and Policy (2nd ed CUP ). In addition, for each seminar students will need to read a number of selected cademic articles.
