University of Liege | Version française
Study programmes 2010-2011Last update : 11/04/2011
DROI0960-1  Environmental Law
Duration :  30h Th
Credits/ECTS :  
Master in Law, Professional Focus in Public and Administrative Law, 2nd year6
Holder(s) :  Michel Delnoy
Language :  French language
Course contents :  Environmental law is a young discipline which is rapidly developing. It is no longer possible to ignore the practical repercussions of this domain. It affects a wide range of actors, from companies and public bodies themselves down to individual citizens and it covers a wide range of subjects. By means of illustration, take recent European legislation on, among other things, energy performance of buildings, cleaning polluted land, environmental offences, environmental sanctions and environmental responsibility.

The youth and rapid development of the field makes it difficult to learn about for a lawyer wanting to embark on a career in this field, whether as a lawyer, judge, company lawyer, civil servant, environmental advisor, member of an environmental group, etc. The aim of this course is to present a structural overview of the subject.

After having defined the contours of environmental law, the course will initially retrace the subject's historical roots and present the elements which differentiate it from other fields of law. We will particularly look at concepts such as "common heritage", "sustainable development", "integration", "participation", "precaution" etc.

This introduction will be followed by three large sections:
- the actors in environmental law: international, European, Belgian and Walloon bodies, associations, individuals etc. ;
- the instruments of environmental law: permits, plans, regulations, principles, sanctions, access to information, participation, education, access to justice, etc. ;
- the fields of action of environmental law: protection of flora and fauna, protection of the air and climate, fight against noise, classified establishments, cleaning polluted land etc.

Although the course is constantly updated to take account of the numerous legislative and regulatory modifications that constantly change the face of this legal field, it will mainly cover the principles and general and common rules, which remain constant.
Course objective :  The course does not aim to transmit an encyclopaedic knowledge of environmental law, indeed it would be impossible to do so. It aims to outline the basic elements of the subject, the way of thinking and the reflexes required, as well as the databases available, so that students can subsequently carry out independent legal research and find the answers to the questions that may be put to them in the course of their professional practice.

At the end of the course, students should be able to reconstruct and explain the basic principles which govern environmental law, apply these principles to practical cases and find the rules which have not been taught but which enable students to answer questions which have not been covered in class.
Prerequisites :  Following this course requires a Bachelor Diploma in Law.
Organization :  Teaching will take place during the first term of the academic year. In 2009-2010, the course will take place on Tuesdays from 2.00pm to 4.00pm.

Lectures are limited to essential theoretical material. This is combined with a range of numerous concrete examples drawn from the teacher's practice. As significant a part of each session as possible will, however, take place through interaction between the teacher and the students. Questions will regularly be put to the students by the teacher in order to reinforce understanding of the subject and students are invited to submit their questions to the teacher either during class or outside class hours (see below). Systematic use of electronic databases will take place. Readings are recommended, document analyses are required and the results of both will be examined on a subsequent date.

Two external speakers will be invited to give their views on precise aspects of this field.

Organisation of the rest of the course will depend on the number of students enrolled: study of administrative documents, in-depth examination of a particular question which will be taken into account during the assessment, resolution in teams of fictional problems etc, will be planned depending on student numbers.
Written notes :  A detailed outline of each lesson will be put online at the latest on the day of the lesson in question or shortly after.

Students can also expect to be required to read reference books, recommended reading and a bibliography, both in paper and electronic form.
Assessment :  The choice of style (written or oral) of the assessment will depend on the number of students enrolled.

The examination will include questions requiring both the ability to reproduce knowledge which has been gained and also demonstrating the ability to apply this knowledge to practical situations. The ability to understand the questions, familiarity with the available databases, but also the presentation of the answers - spelling, linking ideas together, etc - will play an important role in the assessment.
Contacts :  Students are invited to individually ask any questions relating to the course. Questions and requests for appointments relating to the organisation and logistics of the course can be submitted to the lecturer via a student representative.

The lecturer is available in between classes, after class or at any other time by appointment.

Questions and requests for appointments can be made to Ms. Hélène Bouchat, by email: helene.bouchat@bours-law.be


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