OverviewThe overall objective of the module is to provide an exposition of Environmental Law which seeks to assess the functioning of the law alongside the environmental problems that it seeks to address. Many of these problems admit scientific, economic and administrative responses as readily as legal ones. However, the underlying premise is that, alongside other disciplines, law has an essential part to play in the protection of the environment. Within law, various strategies that may be applied to environmental problems have different strengths and weaknesses. In each case the options must be reviewed and it must be asked, which is the most appropriate legal approach to a particular kind of environmental problem?
To some extent this eclectic perspective spans traditional legal boundaries emphasising features which may be overlooked in customary treatments of subjects such as criminal law, tort, administrative law and European Union law, but it is a subject which has a distinctive identity determined by the specific problems that the law seeks to address. Environmental Law seeks to examine and assess laws, of widely different kinds, from a uniquely environmental perspective. Taking the broadest possible view, it must be asked what legal mechanism is best used to restrict emissions causing deterioration in the quality of the three environmental media of water, air and land and how the law can provide appropriate redress for environmental harm.
Environmental Law I is broadly concerned with environmental quality law, particularly the different ways in which environmentally damaging activities are addressed through legal mechanisms. The module commences with a discussion of foundational issues concerning basic concepts in Environmental Law and the range of legal approaches that are adopted in national, European Union and international law. Thereafter, the main focus is on the protection of the environmental media of water, land and air to prevent pollution and to secure environmental quality objectives. The module concludes by examining some cross-cutting issues, such as enforcement, information access, participation and alternative strategies for environmental protection.
This module appears in:
20 hours, 1 lecture and 1 seminar a week.
Method of assessment
80% written examination and 20% coursework consisting of 1 essay.
J Alder & D Wilkinson Environmental Law and Ethics (Macmillan, 1999)
M Stallworthy Understanding Environmental Law (Thompson, 2008)
On successfully completing the module, students will be able to:
1. Demonstrate a sound understanding of environmental quality law and the law relating to pollution control, and the role of international, EU and national law in relation to this.
2. Demonstrate a detailed appreciation of the role of law in giving effect to environmental policy objectives, alongside other disciplines, and be able to offer critical evaluation of the role of the law in addressing environmental challenges.
3. Demonstrate research skills in locating and retrieving legal and policy sources and using these effectively in written work.