Allen L. Springer International Environmental Policy
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Basic Information

Introduction

Readings

Requirements and Grades

Assigned Topic Essays

Research Papers

Class Attendance Policy

On-Line Component

Syllabus

Past/Current Exams


BASIC INFORMATION
  • Location- Hubbard Hall Conference Room West
  • Times- TTh 3:30-5:00
  • Office- Hubbard Hall Tower
  • Office Hours- MW 2-3:30, TTh 11-12
  • Phone- 725-3294
  • E-mail: aspringe@polar.bowdoin.edu


INTRODUCTION

Government 263 offers an introduction to the field of international environmental policy with an emphasis on its legal and organizational dimensions. We begin by examining central concepts of international environmental law and some of the key organizational structures in which international environmental policy is developed and implemented. We will then examine, sector by sector, specific problems of concern to the international community. Among the topics to be addressed are state liability for transboundary pollution, international control of marine pollution, biodiversity and global climate change.

 

READINGS

Please purchase the following text from the Smith Union Bookstore:

David Hunter, James Salzman and Durwood Zaelke, International Environmental Law and Policy (New York: The Foundation Press, 1998)

Other readings may be added to this list. All readings are required unless otherwise stated. To keep on top of current events, you should also be reading a major newspaper on a daily basis. A particularly good (and convenient) choice is the New York Times for which discount subscriptions are available on campus.

 

REQUIREMENTS AND GRADES

Every student is expected to take both of the in-class exams. You have a choice to submit either 2 of the 3 assigned topic essays by the due date given for each or a research paper, which is due on April 23.


The rough value of the assigned work is:

1) Essays- 20% each for assigned topic essays or 40% for a research paper
2) Exams- 30% each

Class participation is also expected and will be taken into account in determining your final grade.

 

ASSIGNED TOPIC ESSAYS

Each of is expected to write 2 of the 3 assigned topic essays. While some of the materials needed to write the essays will be found in the course text, you will also likely need to consult additional sources. Essays should be 5-7 typewritten pages in length and contain endnotes or footnotes and a bibliography in acceptable form. While you should feel free to discuss the assignments with others in the class, the final product must be your own work.

  • Essay #1- due
  • Essay #2- due
  • Essay #3- due

 

RESEARCH PAPERS

Research papers should be approximately 15-20 pages in length. If you are interested in doing one, you must submit, by February 19, a typed, two-page paper proposal which describes clearly the question or issue you would like to explore and outlines the approach you plan to take. It should also include a preliminary bibliography of at least 10 relevant sources. Like the assigned topic papers, research papers must be your own work and contain endnotes or footnotes and a bibliography in acceptable form. Feel free to talk to me about possible topics.

 

CLASS ATTENDANCE POLICY

Students are encouraged to attend and to participate actively in all classes. Each student is entitled to three unexcused absences without penalty. It is your responsibility to sign in at the start of each class. Absences due to scheduled athletic competitions must be discussed with me before the event. Each unexcused absence beyond three will lower your grade one step (eg. B- to C+). I will treat any cheating (for instance, signing in the name of someone else) as a violation of the Bowdoin College Honor Code.



"ON-LINE" COURSE COMPONENT

I plan to communicate with the class (e.g. update you on class assignments, answer questions) via e-mail. You are responsible for being aware of any e-mail messages I send out and you should read your e-mail on a daily basis. Most will go out on the 'gov263' distribution list that has been set up for the course. Personal messages (problems, requests for appointments, death threats, etc.) should be sent directly to "aspringe," not to the distribution list.

The course also has its own web page, accessible through my personal web page, which is located at <http://www.bowdoin.edu/~aspringe>. On it you will find a copy of the course syllabus (updated, as necessary), paper topics, etc. You will also find a link to some other web pages you may find helpful in keeping up with current events and in researching papers.

Finally, a web page has been created for the International Environmental Law and Policy casebook itself. This web page, which can be found at <http://www.wcl.american.edu/pub/IEL>, offers an outline of the major topics covered in each section of the book and provides its own links to other potentially useful sources. Additional course materials may be placed on this web page as the course progresses.


SYLLABUS


I. Introduction


A. Course Introduction- 1/26


B. The Environmental Challenge

1. Environmental problems- 1/28

Focus- Dimensions of international concern

IELP- v-xii, 1-97 (especially 1-40, 58-65, 72-77, 82-96)

2. Regulatory issues- 2/2

Focus- Ethics and law: Allott and Hart

IELP- 98-196 (especially 98-124, 145-150, 162-195)


II. Legal and Organizational Framework

A. International Law

1. Nature of international law- 2/4

Focus- Treaties and custom

IELP- 198-249

2. Innovations in int. env. lawmaking and emerging principles of international environmental law- 2/9

Focus- Hypothetical problem #1: The Grolian Sea Dispute

IELP- 250- 275, 318-385

B. The Stockholm System- 2/11

Focus- UNEP: A critical assessment

IELP- 276-317, 386-442


C. Enforcing the Rules- Improving Compliance and Resolving Disputes- 2/16

Focus- Hypothetical problem #2: Controlling Acme Amalgamated Industries

IELP- 443-491


III. International Environmental Protection


A. Law of Air and Atmosphere

1. CIL-----LRTAP- 2/18

Focus- Trail Smelter and beyond

IELP- 503-543

2. Ozone depletion- 2/23

Focus- Evolution of the Montreal Protocol

IELP- 544-607

3. Climate change- 2/25

Focus- Equity and the Climate Change Convention

IELP- 608-674


B. Oceans and Seas

1. The developing law of the sea- 3/2

Focus- South Africa v. Japan: Shipments of plutonium

IELP- 676-694

2. Conservation of the world’s fisheries- 3/4

Focus- Canada v. Spain: The turbot war

IELP- 695-731

3. Marine pollution from ships- 3/9

Focus- U.S. Oil Pollution Act of 1990

IELP- 731-776


EXAM #1- Thursday, March 11


C. Freshwater Resources- 3/16, 3/18

Focus- Case concerning the Gabcíkovo-Nagymaros Project (Hungary v. Slovakia)

IELP- 802-854

D. Hazardous Wastes and Materials

1. Transboundary movement of hazardous wastes- 4/6

Focus- The Basel Convention and the Bamako response

IELP- 855-887

2. Chemical manufacture and exports- 4/8

Focus- Hypothetical problem #3: Chlorine treaty negotiations

IELP- 888-912

3. Nuclear activities- 4/13

Focus- Chernobyl accident

IELP- 913-930


E. Wildlife and Biodiversity

1. Background and Biodiversity Convention- 4/15

Focus- The Convention and the U.S.

IELP- 931-1006

2. Wildlife conservation- 4/20

Focus- IWC and the minke whale controversy

IELP- 1007-1034

3. Trade in endangered species- 4/22

Focus- CITES and the protection of the African elephant

IELP- 1035-1056

F. Protection of Habitat: The Special Case of Antarctica- 4/27

Focus- CRAMRA-----Madrid Protocol: An environmental victory?

IELP- 1075- 1106


IV. Environmental Protection, Trade, and the Extraterritorial Application of Domestic Law


A. Trade liberalization and the extraterritorial impact of domestic environmental statutes- 4/29

Focus- U.S. and the tuna-dolphin dispute

IELP- 1026-1034, 1165-1180, 1416-1443


B. The GATT, WTO and the dispute settlement process- 5/4

Focus- GATT and the shrimp/turtle dispute

IELP- 1181-1219

C. Foreign claims in domestic courts- 5/6

Focus- Bhopal litigation

IELP- 1444-1457


EXAM #2- Tuesday, May 11


PAST/CURRENT EXAMS

This site created and maintained by
Allen L. Springer- aspringe@polar.bowdoin.edu
Department of Government and Legal Studies
Bowdoin College
Brunswick, ME 04011-8498
Tel: 207-729-8502 Fax:- 207-725-3168