Environmental Law
Code
LM108
Department
Área de Ensino
Credits
4
Teacher in charge
Rita Calçada Pires
Weekly hours
3
Teaching language
Português
Objectives
The discipline of Environmental Law constitutes an option of specialization in a transversal domain to various branches of Law, as well as to Economic Sciences and Sociology. It is about the way the Law deals with the forms of human use of nature, how it safeguards its preservation and how it punishes the ones who cause damage to the integrity of natural resources.
The objective of the discipline is that the student gets a full comprehension of the general theory of Environmental Law, which will allow her/him to work in specific areas (air quality, water quality, protection of species). The student must learn how to envisage the problems of environmental protection, to select the legislation and, mainly, to make a critical analysis of the selected jurisprudential cases.
Subject matter
1. Scientific and pedagogic autonomy of Environmental Law
2. Right to live in a sain environment: a symbolic concept
§1º. Procedural dimensions of the collective interest to environment: right to be informed, right to participate and right of access to environmental justice.
3. Sources of Environmental Law
§1º. International Environmental Law
§2º. Environmental Law of the European Union
§3º. National Law: the Constitution, the Law of Basis and sectorial legislation
4. The instruments of Environmental Law
§1º. Preventive
§2º. Repressive
§3º. Market based instruments
5. Civi liability for environmental damage
§1º. Subjective liability
§2º. Objective liability
6. Judicial remedies
§1º. The main role of actio popularis
§2º. Judicial remedies for environmental protection: the jurisdiction of administrative courts
Bibliography
AMADO GOMES, Carla, Textos dispersos de Direito do Ambiente, I (Lisboa, 2005), II (Lisboa, 2008) e III (Lisboa, 2010); AMADO GOMES, Carla, Risco e modificação do acto autorizativo concretizador de deveres de protecção do ambiente, Coimbra, 2007; AMADO GOMES, Carla, Introdução ao Direito do Ambiente, Lisboa, 2012; BIRNIE, P., e BOYLE, A., International Law and the environment, 3ª ed, Oxford, 2004; LEE, M., EU environmental law. Challenges, changes and decision-making, Oxford/Portland, 2005.
Teaching method
The classes will include the exposition of the subject and a debate with the students about the problems involved.
The work in class shall rely upon the analysis of legislation, and of national, international and European jurisprudence.
Power point or transparencies will not be used.