Programme

A detailed overview of the programme for the first two days (Monday June 20 – Tuesday June 21) can be found by following this link (PDF)

 

Teaching Workshop

Teaching Workshop

Teaching Workshop Programme (PDF)

Contact persons:

Workshop Theme

The IUCN Academy of Environmental Law will hold a half-day workshop focusing on good practices in the teaching and learning of environmental law.

The Teaching Workshop provides the opportunity to discuss the latest developments in this field at the international level.

Organized by the Teaching and Capacity Building Committee of the IUCN Academy of Environmental Law

Research Workshop

Research Workshop

Methods of non-doctrinal research in environmental law. Leading experts in law and economics, systems thinking, human behaviour and other fields, and in law-based multi-disciplinary research will discuss the opportunities and the methodological challenges of high quality empirical research on law issues.

 

Presenters

  1. Professor Elizabeth Kirk – Multi–disciplinary teams in environmental law.
  2. Professor Don Hine – Applying behavioural science methods to environmental law.
  3. Professor Michael Faure – Institutional research and environmental law.
  4. Professor Paul Martin – Systems methodologies applied to environmental law research.

There will be ample time for questions and discussion in this session.

Contact person: Paul Martin – pmartin9@une.edu.au

Workshop Theme

Non-Doctrinal Legal Research:
Strategies, Methodologies and Challenges for Environmental Law scholars

Tuesday 21 June, 9am to 2:00 pm.

IUCN Academy of Environmental Law Research Seminar

Academy members increasingly use research methods like surveys, economics, and work in multi-disciplinary teams.  This multidisciplinary (or trans-disciplinary) work infuses doctrinal scholarship with methods from other disciplines, and whilst this expands the ‘tools’ available to researchers, this also brings significant challenges of scholarly integrity and researcher capabilities. Building on the Research Workshop conducted at the Waikato Colloquium, this workshop will explore (empirical) non-doctrinal methods of environmental law research.   Experts with experience that intersects environmental law with other methods will contribute to a dialogue about the methodological and other issues arising from this.

The speakers will exemplify how non-doctrinal methods can be used to provide insights on environmental law/governance, taking into account the scholarly, cultural and methodological differences between law and other disciplines and the types of questions that legal scholars are typically focused upon. Each participant will talk to a 2 page summary of the following:

 

How environmental law research might benefit from different non-doctrinal methods and innovations.

Some analytic methods, data, and process that might be adopted by environmental law scholars.

What   is necessary for the successful conduct this type of research, including training, team composition, etc. and safeguards to ensure methodological integrity.

The changes in practice, scholarly philosophy, epistemology, and other aspects of environmental law scholarship required to effectively combine doctrinal and non-doctrinal methods.

The panel and members of the Academy will discuss: “what are the opportunities and challenges of non-doctrinal methods for members of the Academy, and what should the Research Committee pursue to optimise these opportunities?” The workshop may catalyse an Academy research or practice group (if viable) to further develop this type of scholarship.

Panel members (as at March 12, subject to change)

Prof. Paul Martin: Workshop Chair

http://www.une.edu.au/staff-profiles/aglaw/pmartin9

Professor Martin leads research into imoroving the effectiveness of environmental governance, using institutional systems analysis, empirical evaluation methods, risk analysis and transaction cost analysis of regulatory regimes.

 

Prof. Elizabeth Kirk: Working with interdisciplinary teams

http://www.dundee.ac.uk/law/staff/profile/pure/elizabeth-kirk/7db93196-5797-41b4-b819-e877b95aeaa3

Professor Kirk’s research focuses on the adaptability of legal regimes to changing circumstances, scientific understanding or actors. Her recent work has brought together legal and other scientific perspectives on the protection of Arctic biodiversity.

Prof. Michael Faure: Economic and institutional factors

http://www.maastrichtuniversity.nl/web/Profile/michael.faure.htm –

Professor Faure’s research combines doctrinal scholarship and economic analysis of the law to analyse the performance of environmental laws in different countries, including behavioural effects of the law.

 

Prof. Don Hine: Behavioural science perspectives

https://www.une.edu.au/staff-profiles/bcss/dhine

Professor Hine is an environmental psychologist whose recent work has begun to explore the use of behavioural science methods to improve the precision and effectiveness of environmental governance instruments.

 

Prof. David Driessen : economic aspects of environmental governance

http://law.syr.edu/profile/david-driesen1 –

Professor Driessen’s work concerns environmental and constitutional law to address major environmental challenges, combining doctrinal analyses with economic methods.  He has published extensively on the methodological aspects of these approaches.

Run Sheet

Run sheet (subject to change)

09:00-11:00 Auditorium 4 and Auditorium 6

Introduction

Professor Michael Faure

Professor Don Hine

Professor David Driessen

Professor Elizabeth Kirk

Summary of issues and questions to consider

 

11:00-11:30 Break Frokostkjelleren

11:30-13:00 Auditorium 4 Auditorium 6

Discussion and synthesis

Discussion: Possibilities for the Academy

 

13:00-14:00 Lunch Frokostkjelleren

Side Events

Limiting Dangerous Climate Change - The Emerging Importance of Domestic Courts and Human Rights Tribunals - Especially After Paris

Limiting Dangerous Climate Change: The Emerging Importance of Domestic Courts and Human Rights Tribunals – Especially After Paris

 Gamle Festsal, University of Oslo, Tuesday 21.06, 16:30-18:30

2015 witnessed significant and successful use of domestic courts and a national human rights commission to limit climate change emissions and impacts.

This special session will focus on why domestic litigation on three continents has been successful, as well as on the prospects for similar litigation in other jurisdictions, particularly in light of some worrisome aspects of the December 2015 Paris Climate Agreement.   Those attending will have a unique opportunity to hear from and discuss these issues with the key jurists involved in these cases:

  • from Holland – Roger Cox, the Dutch Attorney who imagined and successfully argued the groundbreaking case for the Urgenda Foundation, in which the Court of the Hague found the Dutch government owed a tort duty of care to its citizens requiring the government to rein in carbon emissions by 25% by 2020;
  • from Pakistan – Hon. Syed Mansoor Ali Shah, the Lahore High Court Green Bench Judge who, acting on the complaint of one citizen, found that the Pakistan government had a constitutional duty to protect citizens from climate impacts and ordered the government to take concrete measures to do so;
  • from the United States – Andrea Rodgers, Attorney for Our Childrens’ Trust plaintiffs, who convinced an Oregon state court that the state government had a public trust duty to ensure its greenhouse gas emission standards are sufficiently stringent to protect children from the burden of future climate change emissions;
  • from the Philippines – Zelda dT Soriano, an attorney for Philippine citizens who in 2015 succeeded in having the Philippines Human Right Commission agree to investigate their complaint alleging that large private carbon companies located in other countries have responsibility

This special session will be chaired by veteran environmental attorney David Estrin and is being presented by the Centre for International Governance Innovation’s International Law Research Program.

For further information contact: Destrin@cigionline.org

This event is free of charge and open to the public.

 

 

Legal Aspects of Sustainable Development

Book Launch “Legal Aspects of Sustainable Development” Springer International Publishers

June 20, 14-16.00

14-14.10 PM

Welcome and Introduction to the book and the launch – Volker Mauerhofer  (Editor)

 

14.10-14.25 PM (incl. Discussion)

Volker Mauerhofer, University of Vienna/Austria

3-D Sustainability and Its Contribution to Governance Assessment in Legal Terms: Examples and Perspectives

 

14:25-14.40 PM (incl. Discussion)

Aikaterini Argyrou, Nyenrode Business University/Netherlands (presenting), Tineke Elisabeth Lambooy, Nyenrode Business University/Netherlands (presenting), Robert Jan Blomme, Henk Kievit, Guus Nieuwenhuijzen Kruseman and Duco Hora Siccama

An Empirical Investigation of Supportive Legal Frameworks for Social Enterprises in Belgium: A Cross-Sectoral Comparison of Case Studies Concerning Social Enterprises in the Social Housing, Finance and Energy Sector

 

14:40-14.55 PM (incl. Discussion)

Sophie Riley, University of Technology Sydney/Australia

Prioritising the Environment in Sustainable Development: Lessons from Australian Environmental Impact Assessment

 

14.55-15.10 PM (incl. Discussion)

Yao-Ming Hsu, National Cheng-Chi University/Taiwan

Reframing Sustainability in Taiwan: Legal Challenges and Opportunities

 

15.10-15.25 PM (incl. Discussion)

David Grinlinton, The University of Auckland, New Zealand

Horizontal and Vertical Integration of Sustainability into Policymaking, Planning and Implementation of Renewable Energy Projects—The New Zealand Model

 

15.25-15.40 PM (incl. Discussion)

Paul Martin, University of New England/Australia and Jacqueline Williams, University of New England/Australia

Next Generation Rural Natural Resource Governance: A Careful Diagnosis

 

15.40-16.00 PM close-up and final discussion

International Forum for Environment Judges

International Forum for Environment Judges

June 21, 10:00 -­ 16:00, Professorboligen, University of Oslo

A detailed programme can be found here (PDF)

Environmental adjudicators operate in a climate of increasing legal and ecological complexity but world-­over they are are being required ‘do better with less’, ensuring access to justice whilst operating ‘more efficiently’. Accordingly, there is much debate about the best form, constitution, powers and functions for environmental adjudicatory bodies. This forum brings together senior members of the judiciary and academics from around the world in order to explore and debate these issues.

Chaired by His Honour Judge Laurie Newhook (Principal Judge of the New Zealand Environment Court), the keynote address ‘Challenges Facing Environmental Adjudicators in the Next Decade’ will be given by Emeritus Professor George ‘Rock’ Pring (University of Denver, USA). Other presenters, representing a range of adjudicatory fora, will consider the specific challenges in their jurisdictions particularly with regards to access to justice.

Confirmed speakers include the Honourable Justice Swatanter Kumar (Chairperson, National Green Tribunal, India); Honourable Justice Brian Preston (Chief Judge, Land and Environment Court of New South Wales, Australia); Honourable Justice Antonio Benjamin (Superior Court of Justice, Brasilia, Brazil); Honourable Justice Samson Okong’o (Environment and Land Court of Kenya); Merideth Wright (Judge, retired, Vermont Environmental Court, USA); His Honour Judge Richard Jones (Planning and Environment Court of Queensland, Australia); Jan Darpo (Professor of Environmental Law, Uppsala University, Sweden); Emeritus Professor Ben Boer and Assistant Professor Wu Yu (Wuhan University Law School, China) and Associate Professor Ceri Warnock (University of Otago, New Zealand).

This event is open to all those attending the IUCN AEL 2016 Colloquium but will be of particular interest to Judges, Court Administrators, Academics and other people concerned with specialist environment courts and tribunals.

For further information about the IUCN AEL 2016 Colloquium please see http://iucnael2016.no/ or for specific information about the International Forum for Environment Judges please contact the organisers, Judge Newhook and Associate Professor Warnock at ceri.warnock@otago.ac.nz.

 

From Environmental Law to Ecological Law

From Environmental Law to Ecological law

Tuesday, 21 June 14.00-16.00, Auditorium 4, DA

This workshop will explore shortcomings of contemporary environmental law in terms of conceptualization, methodology and impact. Why have environmental laws, regulations and treaties accomplished so little for achieving the goal of sustainable societies? How can ecological sustainability become fundamental for the design, enactment and enforcement of law?

Following presentations by Prof. Klaus Bosselmann, University of Auckland, and Prof. Massimilliano Montini, University of Sienna, participants in this workshop will discuss practical steps towards promoting and organizing a global network of ecological law.

Contact: Klaus Bosselmann – k.bosselmann@auckland.ac.nz

 

Global Judicial Institute for the Environment
European Environmental Law Forum

An Ever Lonelier Court in an Ever Closer Union

Organisation/Chairman

Dr. Lorenzo Squintani, assistant professor European and Economic Law of the University of Groningen and Member of the EELF Managing Board EELF.

Introduction

The Court of Justice of the European Union is responsible for the interpretation and application of the European Union Law. In these tasks it is assisted by the Advocates-Generals, the General Court and the national courts in the various member states. An appraisal for the jurisprudence of the Court of Justice dealing with environmental matters of the last two years shows the difficulties of the relationship between the Court of Justice on the one hand and the Advocates-Generals, the General Court and the national courts on the other. Indeed, it is easy to find examples of important judgments of the General Court that were clashed by the Court of Justice, such as in two recent cases concerning access to justice in environmental matters (the Vereniging Milieudefensie and Stichting Natuur en Milieu cases). Similarly, important opinions of Advocates-Generals were ignored (such as that of Jääskinen in case the Bund Case, C-525/12) and reference questions from the national courts were answered in a manner that does not per se help the referring court (as most recently has occurred in the E.ON Földgaz case). The Vereniging Milieudefensie and Stichting Natuur en Milieu cases mentioned above, as well as the negative opinion on the accession of the European Union to the European Convention on Human Rights, show that also the relationship between the Court of Justice and international courts/committees is a difficult one. In an ever closer union, the Court of Justice seems to be an ever lonelier court. It is unclear whether the informal networks of judges partially redress such a situation.

In this panel we want to address the 5 dimensions of the problem mentioned above, without pretending to exhaust them, focusing on their relevant for environmental protection in Europe. Four presentation will focus on, respectively, the relationship between the Court of Justice on the one hand and the General Court and the Advocates-Generals on the other, the relationship between the Court of Justice and the national courts, the relationship between the Court of Justice and international courts, and the role of the informal networks of judges as regards the above mentioned relations.

Presentations

Jurian Langer (Confirmed), Professor of European law and the Dutch legal order at the University of Groningen (The Netherlands) and agent for the Dutch Government in front of the Court of Justice. His presentation will focus on the relationship between the Court of Justice and the national courts through the preliminary ruling procedure.

Luc Lavrysen (Confirmed), Professor of Environmental Law at the University of Gent (Belgium) and judge at the Belgian Constitutional Court. His presentation will focus on the role of the EU forum of Judges for the Environment in the dialog between the Court of Justice and national courts.

Lorenzo Squintani (Confirmed), Assistant professor of European and Economic Law at the University of Groningen (The Netherlands). His presentation will focus on the relationship between the Court of Justice, on the one hand, and the General Court and the Advocates-Generals, on the other.

 

UNESCO/NIVA Seminar: The effects of fragmented environmental law on sustainable development - Marine perspectives
  • Froukje Maria Platjouw – Froukje.Platjouw@niva.no

Please find a full programme for this session by following this link (PDF)

Other Voices: Exclusions and Novel Inclusions in Legal Hearing and Epistemology (GNHRE):

This side event has been cancelled.