Prof.

Bryner Law 5413 International Environmental Law Fall 2019

LAW 5413: INTERNATIONAL ENVIRONMENTAL LAW

LSU Law, Fall 2019

Professor Nicholas Bryner

Email: bryner@lsu.edu | Office: Room W-306

Class meetings: Monday & Wednesday, 1:50pm - 3:20pm, Room 301

Office Hours: Wednesday, 10:20am - 12:00pm, or by appointment

Course Description

This course is an exploration of international cooperation, conflict, and law with regard to the
environment. Environmental challenges—pollution, biodiversity and species management, water resource
management, climate change, etc.—do not respect political boundaries. In addition, the globalization of
trade and manufacturing means that the environmental impact of many things we consume stretches far
beyond the United States.

Because of the preeminence of national sovereignty in the world, there is no global executive, legislative,
or judicial authority with full power to impose environmental law or force cooperation among countries
with conflicting claims or interests related to the environment. However, as you will see throughout the
semester, that does not mean there is no international environmental law. We will study the basic
challenges and clashes in international environmental issues and some different examples across legal
systems to compare how they approach environmental matters. We will also study some of the key
intergovernmental, regional, and nongovernmental institutions and organizations that are active in
international environmental law, and some of the multilateral, regional, and bilateral treaties that give rise
to international environmental obligations.

Course Objectives

Throughout the semester, we will study, and you will be able to understand:

 A basic overview of global environmental crises: air pollution, freshwater pollution, water
scarcity, ocean pollution, toxic and hazardous waste, biodiversity loss and species extinction,
deforestation and land degradation, desertification, climate change, etc.
 Some basic principles of international law as they apply to environmental issues, including
accepted sources/categories of international law, the formation and interpretation of treaties, etc.
 The core institutions involved in international environmental law, including the United Nations
Environment Programme, the International Union for Conservation of Nature, and the
Secretariats of key environmental treaties like the UN Framework Convention on Climate
Change, the Convention on Biological Diversity, and the Convention on International Trade in
Endangered Species
 Key “hard law” treaties and “soft law” agreements and declarations in international
environmental law
 The intersection of international trade agreements and environmental law
 The United States’ environmental treaties with Canada and Mexico
 Corporate-driven environmental “law” in global supply chain management
 The application of international environmental law in U.S. courts
 The relationship between human rights law and the environment
 What international environmental law may mean for you as a practitioner, whether in private
practice, public service, or public interest work

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Prof. Bryner Law 5413 International Environmental Law Fall 2019

This will be a small class, which means we will all get to know each other well. It also means I would like
to include you in deciding exactly what to cover in class so that it is meaningful for you and meets your
interest in the subject area. We will frequently do in-class exercises with the course material in order to
familiarize you with how international environmental law works, including an introduction to collective
action and free rider problems, as well as international diplomacy, cooperation, and negotiations.

Textbook and Course Reading

The textbook for the class will be Yang, Harmon-Walker, Telesetsky, & Percival, Comparative and
Global Environmental Law and Policy (Wolters Kluwer 2019). As of the start of our semester, the book is
not yet available in print, so at first, I will be posting PDFs of the book chapters on Moodle. We will also
be studying the text of important international environmental treaties and declarations, all of which are
readily available online. Additional readings will be posted on the class website on Moodle and/or sent to
you by email.

Course Expectations and Requirements

Attendance: Class attendance is required. If you have a conflict and need to miss class (e.g., for
religious holidays, job interviews, family reasons, illness, etc.), please let me know as far in advance as
possible, so that I can arrange to record a video of the class session.

Exam: The final exam for the course will be a take-home examination, to be completed during the law
school’s exam period from December 2 - 14. The exam will be open book and will be in an essay
question format. The exam score will count for 70% of your final grade.

Participation: Class participation, based on reading and thinking about the assigned material in advance
of each session, is encouraged and expected. As we will be a small group, I do not intend to “cold call”
you during class. However, I do expect each of you to contribute to the class discussion regularly. If some
students speak more frequently, I will hold them off from further comments until we have an opportunity
to hear from everyone. It is my philosophy that you should be exposed to a variety of different forms of
learning and work in law school, not only because it keeps things interesting, but because it will prepare
you for the different types of work environments in which you might find yourself in your career. We will
discuss this class participation more during the first week so I can get a sense of what will best ensure that
everyone contributes and learns together. Class participation counts for 15% of your final grade.

Class Discussion: International environmental law includes a wide variety of topics, not all of which we
can cover in one semester. Each of you will have the opportunity to choose a topic for which you will
serve as the class moderator for one 90-minute class period (Note: you do not have to ‘teach’ the whole
class, nor do you need to give a formal presentation. The essence of the assignment is working with me to
find appropriate readings on the topic to share and preparing a set of questions to ask the class and lead
the discussion). At some point during the first five weeks of the semester (no later than September 16), I
will ask each of you to meet with me to discuss what topic you are interested in. You will be able to
choose a day later in the semester that is convenient for you to lead the class in an exploration of that
topic. As part of the assignment for your day, I will work with you to select some reading materials to
share with the class. At the end of this syllabus is a list of suggested possible topics (though you are not
required to choose from the list). I will be available to guide you as much as needed in fulfilling the
assignment. Your class moderation day counts for 15% of your final grade.

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Prof. Bryner Law 5413 International Environmental Law Fall 2019

Course Syllabus and Readings (tentative schedule – subject to change)

Date Topic Reading

Introduction; Challenges to Textbook pp. 1-9, 16-24
International Environmental
Mon Aug 19 Cooperation
Textbook pp. 9-16, 24-38; David
Environmental Values & Norms; The Roberts, “I’m an environmental
Emergence of Global Environmental journalist, but I never write about
Wed Aug 21 Law overpopulation. Here’s why”
International Law & the Environment: Textbook, pp. 44-57
Mon Aug 26 Formation of Treaties & Conventions
International Law & the Environment: Textbook, pp. 57-74
Customary International Law & other
Wed Aug 28 sources
Mon Sep 2 Labor Day Holiday -
Guest Speaker: Kathryn Gwiazdon, Textbook pp. 39-44; Rio+20
Center for Environmental Ethics & Declaration on Justice, Governance
Law and Law (2012); IUCN World
Environmental Governance & Declaration on Environmental Rule
Wed Sep 4 Environmental Rule of Law of Law (2016)
Environmental Law & Governance in Textbook, pp. 83-108
Mon Sep 9 National Systems: The US & China
Environmental Governance & Textbook, pp. 108-121; Review
Indigenous Peoples; Review of the first questions
Wed Sep 11 4 weeks of class
Transboundary Air Pollution— Weiss et al., pp. 345-376
Mon Sep 16 US/Canada; Southeast Asia
Transboundary Water Pollution—Great Weiss et al., pp. 376-409
Wed Sep 18 Lakes
International & Foreign Environmental
Mon Sep 23 Law in US Courts
Environmental Law at the International
Wed Sep 25 Court of Justice (Emma)
Human Rights & Environment at the
Mon Sep 30 global level
Rights of Nature—Constitution of
Wed Oct 2 Ecuador (Monica)
Environmental Constitutionalism—
Mon Oct 7 Right to a Healthy Environment
Human Rights & Environment—Inter-
Wed Oct 9 American System
Convention on Biological Diversity &
Convention on International Trade in
Mon Oct 14 Endangered Species
Wed Oct 16 Trade & Environment: GATT/WTO
Trade & Environment: Regional
Mon Oct 21 agreements
Wed Oct 23 [I may be out of town]

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Prof. Bryner Law 5413 International Environmental Law Fall 2019

International Environmental Law &

Megaprojects—World Bank Inspection
Mon Oct 28 Panel, Global Environment Facility, etc.
ILO Convention 169, Indigenous
Peoples, and the Right to Free, Prior,
Wed Oct 30 and Informed Consent (Lindsay)
Climate Change/UNFCCC--
Introduction, Kyoto Protocol, and
Mon Nov 4 Emissions Trading
Climate Change—Paris Agreement and
Wed Nov 6 Beyond; Forests and Climate Change
Mercury Convention—Negotiation Negotiation exercise reading
Mon Nov 11 Exercise (Part 1) materials
Mercury Convention—Negotiation (no reading – negotiation during
Wed Nov 13 Exercise (Part 2) class)
Mon Nov 18 [No Class – I will be out of town]
Protection of the Ozone Layer—Vienna
Convention, Montreal Protocol, Kigali
Amendment, and implementation in the
Wed Nov 20 United States
Mon Nov 25 Private Environmental Law
Wed Nov 27 Review

List of Potential Topics to be Covered During the Semester (not an exhaustive list!):

 UN Framework Convention on Climate Change: Overview & History

 UN Framework Convention on Climate Change: From the Kyoto Protocol to the Paris Agreement
 UN Framework Convention on Climate Change: Land Use Change & Deforestation
 Convention on Biological Diversity: Overview
 Convention on Biological Diversity: Access & Benefit-Sharing
 Convention on International Trade in Endangered Species (CITES)
 Trade: US/Mexico/Canada Free Trade & Environmental Cooperation
 Trade: Global trade agreements (GATT, WTO) and environmental issues
 Private Environmental Law: Corporate policies, supply chains, and environmental certification
 Private Environmental Law: liability for international environmental harms
 Human Rights & Environmental Law: Global Issues / UN
 Human Rights & Environmental Law: Americas / OAS
 Human Rights & Environmental Law: The Right to Free, Prior, Informed Consent / Rights of Indigenous
Peoples / ILO Convention 169
 Constitutional environmental rights in national systems
 Rights of Nature in national systems
 Waste: the Basel Convention and Transboundary Movement of Hazardous Waste
 UN Convention to Combat Desertification
 Convention on Migratory Species
 Ozone Protection – Vienna Convention, Montreal Protocol, & Kigali Amendment
 Minamata Convention on Mercury
 Ramsar Convention on Wetlands of International Importance
 International environmental law in US Courts
 The Lacey Act: Applying Foreign Environmental Law in US Courts
 The International Court of Justice (ICJ) and environmental law
 Brexit, EU Law, and the Environment
 Transboundary Air Pollution

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Prof. Bryner Law 5413 International Environmental Law Fall 2019

 Environmental Law During and After Armed Conflicts / Environmental Peacebuilding

 Oceans: Waste / Plastic Waste Management
 Oceans: International Fisheries Management
 Oceans: Biodiversity in Areas Beyond National Jurisdiction
 Forests and international environmental law
 Protected Areas: International and Comparative Issues
 Environmental Impact Assessment
 Transboundary Rivers & Watershed Management
 Intergenerational approaches to international environmental law
 International civil society and environmental law

Note: Some of these topics could be addressed globally or as they apply to a particular country or region.