| Nations, Notions, and Negotiations: International Law and the Climate Emergency

Course Information

  • 2022-23
  • 5-Year B.A., LL.B. (Hons.), LL.M., Master's Programme in Public Policy
  • IV, V
  • Jul 2022
  • Elective Course

How does this course relate to the programme curriculum: Does it develop on a prior course  in the programme or is it a foundational or standalone course? 

The course builds on introductory knowledge of environmental law and international law to  develop a detailed understanding of international climate law but can be studied as a  standalone course if students are willing to immerse themselves in the content.

Describe how you have approached the course. What have you included/excluded and why?  Choice of materials: primary or secondary readings / case law; 

Lavanya Rajamani, one of India’s foremost scholars in international climate change law  commented at an event after COP26 held in Glasgow in 2021 that we now see the “logic of  the Paris Agreement playing out beautifully.” Mainstream media tends to often focus on  political speeches and statements made at international negotiations as the prime avenue to  understand the United Nations Framework Convention on Climate Change & the Paris  Agreement As a lecturer of international law, with a background in legal practice as a lawyer  for the UN Climate Change secretariat, I wish to teach students the intricacies of climate  change law, the logic of how every moving part within the Agreement operates. So the topics  covered in the course focus heavily on the major work streams within international climate  change law such as mitigation; adaptation; land-use and forestry; compliance; monitoring,  reporting and verification of climate communications by Parties (MRV); loss and damage;  insurance and such. This includes heavy reliance on decisions by the Conference of Parties,  and text in the treaties, in order for the students to grasp a clear understanding of what  international law can do, and its limits. Through sessions on climate litigation, corporations, investment treaties, I have included topics that bridge international law and domestic law, so  students are exposed to possibilities in domestic practice that are impacted by international  climate law developments. However, I have categorically excluded the interaction of climate  change law with other branches of international environmental law, such as law of the sea,  international trade aw, or biodiversity law, because that would exceed the scope of what I seek  to achieve with this course, which is essentially a deep dive into the UNFCCC, Kyoto Protocol  and the Paris Agreement.

In addition, I wish to introduce students to different perspectives on these topics, using secondary readings by leading academics. All the secondary readings have been chosen based  on relevance and authority in each topic. The readings also reflect equal gender representation  in the authors cited, which has been a personal goal in my approach to teaching.

Describe your pedagogical method: lectures, Socratic discussion, seminar style discussion,  response papers or group work, field work; 

The sessions will be organised as a series of lectures with topical focus. I will spend the first  45-55 minutes focusing on my prepared lecture, followed by 45 minutes of class discussion  on the readings assigned. This second part will be interactive with students expected to learn  from not only the instructor but each other though Socratic discussion. The students will also  be expected to prepare case presentations in the last two sessions, in lieu of an oral examination.

Faculty

Mrinalini Shinde

Visiting Faculty