Programação
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Case to be debated in the moot court.
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1 – Video exhibition:
Al Gore’s TED Talk – The case for optimism on climate change - https://www.ted.com/talks/al_gore_the_case_for_optimism_on_climate_change?language=pt-br
2 – Debate about the documentary with teaching assistants
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Class agenda:
1 – Teaching Assistants: explanation about the course methodology and assessment and case debate: Trail Smelter
2 – Professor Alberto’s Lecture
Required readings:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 01 – Emergence and development of international environmental law
Reports of international arbitral awards - Trail smelter case (United States, Canada) - 16 April 1938 and 11 March 1941 - VOLUME III pp. 1905-1982
*ATTENTION: The PDF file is quite long (79 pages), but you will find the most important paragraphs underlined in green (and rose for the most famous point of the decision). If a title is underlined in green, it means that it is useful to overview its paragraphs.
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Class agenda:
1 – Teaching Assistants - case debate: Gabcikovo Nagymaros
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 02 – Main features of international environmental law
Notes about the case study:The main document - Gabcikovo-Nagymaros (Judgment) - includes the detailed decision. Although important, for some technical reasons the paragraphs 147–150 could not be underlined.
Read the green parts of the file ‘Summary’ to find out the judges’ separate and dissenting opinions.
The file ‘JSohnle…’ is a ‘commentaire d’arrêt’ in French and not obligatory.
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Class agenda:
1 – Teaching Assistants - case debate: Pulp Mills
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 03 – The principles of international environmental law
Notes about the case study:
The main document includes the detailed decision. Please read the highlighted parts of the file ‘summaries’ to find out the judges separate and dissenting opinions. Both of the ‘commentaires d’arrêt’ written by Jochen Sohnle and Yann Kerbrat/Sandrine Maljean Dubois are optional.
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University’s Recess – No classes.
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Class agenda:
1 – Teaching Assistants - case debate: Whaling
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 03 – The principles of international environmental law
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Class agenda:
1 – Teaching Assistants - case debate: Whaling
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 10 – Human rights and the environment
Whaling Case documents
Notes about the case:
The case is full of a detailed analyse by the Court of the term ‘scientific research’. The most important parts of that analyse are underlined in green. Please read carefully the opinions of Judge Owada and Judge Cançado Trindade.
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Class agenda:
1 – Teaching Assistants - case debate: Certain activities carried by Nicaragua (merit) - 2015
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapters 08 - Implementation: Traditional approaches and 09 - Implementation: new approaches.
The ICJ’s joint decision on cases Certain activities carried out by Nicaragua in the border area (Costa Rica v. Nicaragua) and Construction of a road in Costa Rica along the San Juan river (Nicaragua v. Costa Rica) has many environmental aspects. Even if the first case (Costa Rica v. Nicaragua) is more about territory delimitation than environmental protection, please read carefully its green parts. The study of its merit will help you to better understand the ICJ’s decision on the compensation issues of the same dispute (judgement of 2018). Also, please read the green parts of the judge’s opinions. Finally, you can find my commentaire d’arrêt on this case in French (optional).
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Class agenda:
1 – Teaching Assistants - case debate: Certain activities carried by Nicaragua (compensation) - 2015
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 11 – Environmental dimensions of international security
Note about the case:
This compensation judgement is a historic one. Pay more attention to the heads of damage than to the amounts. Also, it is very important to read the judge’s opinions carefully as to understand what are the legal issues of reparation of environmental damages.
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Class agenda:
1 – Teaching Assistants - United States - Restrictions on Imports of Tuna ("Tuna-Dolphin" case)
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 11 - pp. 339 to 363 – Environmental protection and international economic law
Readings relating to the case study:
GATT 1947.pdf => This is the full text of the GATT 1947, which later has been incorporated to the WTO as part of the GATT 1994. Please read Articles I (paragraph 1), III (paragraphs 1, 2 and 4), XI (paragraph 1), XX (chapeau and subparagraphs ‘b’ and ‘g’). Understanding those key provisions of the GATT 1947 will be important for the analysis of the cases discussed in this class and the subsequent two classes, all of them concerning the relationship between international trade liberalization versus the protection of the environment.
UNITED STATES - RESTRICTIONS ON IMPORTS OF TUNA.pdf => This is the full report of a GATT panel to decide on a dispute between Mexico and the United States. Please read, in particular, the factual aspects, the arguments of the parties concerning Article XX of the GATT, and the findings of the Panel.
Optional reading:
Trade and Environment at the WTO => This is an official WTO publication about the debate on trade and environment. Pages 1 to 8 (“Brief History of the Trade and Environment Debate”) provide useful context for the discussion of the cases we will study.
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Class agenda:
1 – Teaching Assistants - case debate: United States - Import Prohibition of Certain Shrimp and Shrimp Products ("Shrimp-Turtle" case)
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction – Chapter 11 pp. 363-378 - Environmental protection and international economic law
Readins relating to the case study ("Shrimp-Turtle")
Our case study this week is a WTO dispute between the United States and four Asian countries (India, Malaysia, Pakistan, Thailand). The materials about the case are quite long, but please try to read the following:
- Appellate Body Report (WT/DS58/AB/R) – sections I, VI and VII
- Appellate Body Report, Recourse to art. 21.5 by Malaysia (compliance review) (WT/DS58/AB/RW) – sections I, VI and VII
Optional readings:
- Have a look at the preamble (only a few paragraphs) of the WTO Agreement and try to compare it with the preamble of the GATT 1947
- If you want to read more about the case, you will find useful information, including the full Panel reports that were reviewed by the WTO Appellate Body, at https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds58_e.htm.
- The following pages of “Understanding the WTO” are very helpful:
=> Pages 55-61 - read to understand a bit more about how dispute settlement works within the WTO (role of Panels, Appellate Body, compliance review, etc.)
=> Pages 65-71 - read to know more about how the WTO handles trade discussions relating to the protection of the environment. The text includes comments on “Shrimp-Turtle” and the earlier GATT “Tuna-Dolphin” dispute
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Class agenda:
1 – Teaching Assistants - case debate: Retreaded Tyres (Brazil - Measures Affecting Imports of Retreaded Tyres, WTO, 2007, DS332)
2 – Professor Alberto’s Lecture
Required reading:
DUPUY, Pierre-Marie, VIÑUALES, Jorge E. International environmental law: an introduction - Chapter 12 – Environmental protection and international economic law (pp. 378-405)
Readins relating to the case study ("Retreaded Tyres"):
Our case study this week is a dispute between the European Union and Brazil, which again involves a debate on international trade vs. environment, but also includes interesting aspects concerning possible conflicts of jurisdiction of international tribunals, impacts of international decisions on domestic courts etc.
Please try to read the following:
- Appellate Body Report (WT/DS332/AB/R) – sections I, IV, V, VI and VIII
Additional (optional) reading:
- If you want to know more about what happened after the WTO decision, have a look at Brazil's Supreme Court decision on Arguição de Decumprimento de Preceito Fundamental - ADPF 101.
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Class agenda:
1 – Teaching Assistants - case debate: Belo Monte
2 – Professor Alberto’s Lecture
Required reading:
SACHS, Jeffrey D. The Age of Sustainable Development – Chapter 01 – Introduction to Sustainable Development.
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University’s Recess – No classes.
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Class agenda:
1 – Teaching Assistants - Moot Court
2 – Professor Alberto’s Lecture
Required reading:
SACHS, Jeffrey D. The Age of Sustainable Development – Chapter 02 – An Unequal World.