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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Climate Change Litigation: Practice and Theory (LAWS11421)

Course Outline
SchoolSchool of Law CollegeCollege of Arts, Humanities and Social Sciences
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityAvailable to all students
SCQF Credits20 ECTS Credits10
SummaryClimate change is a global issue, which requires international cooperation in order to be tackled. However, the actions developed at local, national and regional levels are absolutely crucial. First, their study is indispensable to assess the effectiveness of the global climate policy. Second, while international negotiations have not been successful in the last years, concrete actions have been implemented at national and regional levels. The sub-international levels of governance are therefore becoming the most dynamic and influent power centres in the fight against climate change.

EU climate and energy law offers a fascinating example of the dynamism of sub-international levels. It also reveals the intricate relations between international, regional and national levels when it comes to climate policy.

On one hand, the EU's policy is influenced by its international commitments and by the international negotiations. On the other, the EU aims to become the leader of climate governance, by tailoring its internal law to achieve this objective. EU climate and energy law is meant to be ambitious and to influence third countries. Therefore, the class will be interesting for EU and non-EU students alike.
Course description This course explores and critiques the emergent phenomenon of climate litigation, and the attendant regulatory regimes of major emitters. The jurisdictional scope of the course will be global, certainly well beyond the Anglo-American world which dominates the literature. There will be three major parts to the course: (1) theoretical approaches to activist litigation in general and climate litigation in particular, including typologies; (2) sectoral studies, i.e. coal, financial services and corporate accountability; and (3) jurisdictional analyses, in particular, China, US, EU, and India. Students should contact the course organiser if they have particular interests which are not covered by the above ¿ there may be scope for inclusion.
Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites
Prohibited Combinations Other requirements None
Information for Visiting Students
High Demand Course? Yes
Course Delivery Information
Academic year 2023/24, Available to all students (SV1) Quota:  28
Course Start Semester 2
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 196 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) 80% essay
20% team presentations
Feedback After seminar 5 students will be invited to discuss their oral participation grades with the Course organiser. They will be given reasons for their class participation marks up to that point and will discuss how they might improve their performance.

Mid-term, students will have an opportunity to turn in an essay outline (on a topic provided by the Course organiser). Written feedback will be provided within 2 weeks. This will provide invaluable training for the final 80% essay, considering that the students will have the opportunity to identify their strengths and weaknesses.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. * Gained an understanding of the share of competences between the EU and the Members states in Climate Change & Energy law, and of the pluricentric governance system which results from it.
  2. * Gained an understanding of the resources, actions and inactions of the EU and its Member States in the field of climate change and Energy policy and gained an understanding of the strengths and weaknesses of EU Climate Change & Energy policy.
  3. * Developed awareness of the tensions, both potential and actual, between Climate Change & Energy law and other areas of EU law (environmental, etc.) and of the interactions between national, EU and international climate change law.
  4. * Gained an understanding of the growing international influence (actual or sought for) of EU Climate Change and Energy law.
  5. * Developed specialist research skills to critically appraise rules, approaches and legal tools of the EU Climate Change and Energy law field.
Reading List
Additional Information
Graduate Attributes and Skills By the end of this course students should be able to:

LO 3. Skills and abilities in Personal and Intellectual Autonomy
* Develop original and creative responses to problems and issues.
* Deal with complex issues and make informed judgements in situations in the absence of complete or consistent data/information. Especially, capacity to engage with a holistic assessment of complex policies, including by identifying synergies and conflicts between implemented actions.
* Identify the need for and engage with interdisciplinary cooperation to create and implement effective public policies.

LO 4. Skills and abilities in Communication
* Communicate with peers, more senior colleagues, and specialists.
* Participate to a brainstorming and contribute to a collective reflections on issue solving
* Understand a broad variety of sources.

LO 5. Skills and abilities in Personal Effectiveness
* Develop their ability to work independently under fixed deadlines.
* Develop their ability to lead and participate in team work.
* Develop their assertiveness with peers and supervising staff.
* Participate effectively in seminars and discussions.
* Develop their ability to present the outcome of independent research in a clear written and oral form.
KeywordsEuropean Union,Climate policy,Climate Law,Energy,Energy efficiency
Course organiserMr Navraj Ghaleigh
Tel: (0131 6)50 2069
Course secretaryMs Susanna Wickes
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