International Environmental Law
Law 601-810-01 (J.D. and Graduate)
Human Ecology 11:374:462 (Undergraduate)
Tuesday, 3:55pm to 6:55
Meets in:
Conf Rm, 2nd fl, Cook Office Building, 55 Dudley Road, Cook Campus, New Brunswick, and
East Building 110, Camden Law, Camden
Professor Cymie R. Payne
Cook Office Building, Room 208
55 Dudley Road
New Brunswick, NJ
cymie.payne@rutgers.edu
Office Hours may be arranged by appointment in New Brunswick or Camden. Please schedule by email.
Purpose - “When states choose to cooperate, they have choices over whether to use a written instrument
and, if so, over the form and legal nature of that instrument.” (Shaffer and Ginsburg, AJIL 2012).
This course explores the role of formal and informal law in the management of international
environmental problems. The course will begin with a brief introduction to public international law as it
relates to the environment and a discussion of what “international environmental law” means.
Participants in the course will study a range of environmental issues, legal sources, and institutions. The
course will include consideration of international environmental treaties, the role of the International
Court of Justice in identifying and establishing international environmental law, international regulation of
private conduct that affects the environment, trade and the environment, human rights and the
environment, and the relationship between domestic and international law.
Learning objectives
Mastery of law-based strategies to govern natural resources and pollution across international
borders.
Ability to compare US environmental governance with international standards and approaches of
other nations and stakeholders.
Presentation skills and different types of short-form writing.
Basis for Evaluation - Grades will be based on:
Law and graduate students: three short papers (45%), class presentation (15%), and a research paper on a
current international environmental issue (40%).
Undergraduate students: three short papers (75%) and a class presentation (25%).
Grades may be revised upward for exceptional class participation and downward for failure to attend
class on a regular basis.
Distance Learning - This course is taught in a traditional style – a combination of lecture, class discussion,
assigned reading in the text and additional materials that are provided via the course webpage, and
written assignments. It is characterized as “distance learning” because the class meets in Camden and
New Brunswick classrooms that are linked by a videoconference system. The professor will sometimes be
in one location, sometimes in the other.
Calendar – Because the Camden Law and SEBS academic calendars are different, law students will begin
the course on Jan 15 and end on April 23 (A); SEBS students will begin on Jan 22 and end on April 30 (B).
Students are welcome to attend at whichever location is most convenient.
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Syllabus – Subject to change
Required Course Book: Brown Weiss, McCaffrey, Magraw, Tarlock, INTERNATIONAL ENVIRONMENTAL LAW AND
POLICY, 2D EDITION (2007).
Recommended but not required:
Bodansky, Brunnée and Hey, Oxford Encyclopedia of International Environmental Law
Bodansky, The Art and Craft of International Environmental Law
Students who have not taken a class in international law should refer to one of the following books for
questions about fundamental concepts:
Mark W. Janis, An Introduction to International Law
Peter Malanczuk, Akehurst’s Modern Introduction to International Law
Note: Assignments and topics are subject to change – Readings not in text are on Sakai
Date
1
Jan 15
Topic
Assignment
TOPIC 1: BACKGROUND, HISTORY AND PRINCIPLES OF IEL
War represents the suspension of normal rules of conduct;
Law of War & the
a special set of rules have developed over time, and they
Environment
increasingly take account of the environment. The
environment is often both a pretext for war and a casualty
of military activities. Brown Weiss, et al., chapter 14,
provides an overview of how law applies to the
environment during war. The two other readings are short
excerpts from the work of the UN Compensation
Commission (UNCC). The UNCC is an international body
established to provide reparations from the 1990-91 Gulf
War that made unique contributions to international
environmental law. Consider how you would formulate a
“law of war” for the environment, and during what phase
of conflict it could be applied. We will discuss your
proposals along with two that have been proposed by
other scholars:
 The Norm of Environmental Integrity:
“Civilian populations have a right not to be arbitrarily
deprived of functioning and complete environmental
systems”
 The Principle of Ambituity:
“it is prohibited to cause excessive collateral damage to
the environment during armed conflict.”
Read:
1. Brown Weiss, et al., Chapter 14
2. Report and Recommendations Made by the Panel of
Commissioners Concerning the Third Installment of “F4”
Claims (S/AC.26/2003/31) - Please read the following
sections:
Section I – Overview;
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2
Jan 22
Class Introduction
The Scope of
International
Environmental Law
Section II.D. - Monitoring and Assessment Data;
Section III - Legal Framework;
Section V – Claims of the State of Kuwait, A. Overview and
B. Claim No. 5000256 – Damage to groundwater
resources;
Section VI – Claims of the Kingdom of Saudi Arabia, A.
Claim No. 5000451 – Damage to coastal resources, and
the annexes related to these claims.
3. Governing Council Decision 212, Decision concerning the
third instalment of “F4” claims ... (S/AC.26/Dec.212
(2003))
Read:
1. Brown Weiss, McCaffrey, Magraw, Tarlock,
INTERNATIONAL ENVIRONMENTAL LAW AND POLICY, 2D EDITION
(2007). Chapter 1, The nature of international
environmental law issues
2. Tseming Yang, Insight (2012) [Sakai]
3. Rockström, J., W. Steffen, K. Noone, Å. Persson, F. S. Chapin,
III, E. Lambin, T. M. Lenton, M. Scheffer, C. Folke, H.
Schellnhuber, B. Nykvist, C. A. De Wit, T. Hughes, S. van der
Leeuw, H. Rodhe, S. Sörlin, P. K. Snyder, R. Costanza, U. Svedin,
M. Falkenmark, L. Karlberg, R. W. Corell, V. J. Fabry, J. Hansen,
B. Walker, D. Liverman, K. Richardson, P. Crutzen, and J. Foley.
2009. Planetary boundaries:exploring the safe operating space for
humanity. Ecology and Society 14(2): 32. [online] URL:
http://www.ecologyandsociety.org/vol14/iss2/art32/
2
Jan 29
Dispute Settlement
Guest: Researching
IEL
Submit paper proposal and source list, schedule meeting
First written assignment (treaty analysis)* explained (due
Feb 19)
 There are three parts to the assignment for January 29.
First, do the required reading. Second, as you read about
the dispute between Hungary and Slovakia, consider the
questions set out below. Third, prepare a short (2
minute) presentation for class as described on the
assignment sheet [Sakai]. Some supplementary reading is
provided, if your curiosity is whetted.
REQUIRED READING:
1. Brown Weiss, McCaffrey, Magraw, Tarlock,
INTERNATIONAL ENVIRONMENTAL LAW AND POLICY, 2D
EDITION (2007). Chapter 4 – pp. 135-138, 160-177.
2. Statute of the International Court of Justice, Article 38.
[Sakai]
3. Aaron Schwabach, International Environmental Disputes
(2005).
4. Brown Weiss, McCaffrey, Magraw, Tarlock,
INTERNATIONAL ENVIRONMENTAL LAW AND POLICY, 2D
EDITION (2007). pp 795-803 (excerpt from GabčíkovoNagymaros Project (HungarylSlovakia), Judgment, I.C.J. Reports
1997).
SUPPLEMENTARY READING
Extracts from the Separate Opinion of Judge Weeramantry
(discussing the concept of sustainable development and the
use of non-Western sources for international law) [Sakai]
Gabčíkovo-Nagymaros Project (HungarylSlovakia), Judgment, I.C.J.
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Reports 1997, p. 7 (note that ICJ judgments are published in
English and French, on alternate pages) [Sakai]
Heiko Furst, The Hungarian-Slovakian Conflict over the
Gabcikovo-Nagymaros Dams: An Analysis [Sakai]
QUESTIONS
What were the drivers of the conflict?
What did the states try to do to resolve their conflict before
applying to the International Court of Justice?
What legal rules were applied to reach the judgment?
Where did those legal rules come from?
4
Feb 5
Soft Law: Precaution,
Sustainable
Development, Future
Generations

There are three parts to the assignment for
February 5. First, do the required reading. Second,
choose at least one of the articles below and read it
– they are all on Sakai. Third, prepare a short (2-3
minute) presentation for class as described below.
REQUIRED READING:
Brown Weiss, McCaffrey, Magraw, Tarlock, INTERNATIONAL
ENVIRONMENTAL LAW AND POLICY, 2D EDITION (2007). pp.
257-59; 304-305, 314-322 (precautionary principle); 322-332
(sustainable development); 68-71 (intergenerational equity).
ANALYSIS
Prepare an analysis of the article for class discussion, about 23 minutes. For class, you will present the point of view of the
article that you choose, and then you will comment on why
this point of view does or does not feel correct to you. Then
you will offer at least one piece of fact- or law-based evidence
in support of your visceral reaction or the author’s point of
view.
Include the following in your discussion:
How is the soft law principle stated? Mention any
variations that you find.
How is it applied? In what situations, what triggers, and
affecting what actors.
What are the consequences of breach? If it were to
become hard law what are the consequences of breach?
How is it enforced? Consider whether this is the same as
the question above or not.
ARTICLES
Choose at least one (if you have an alternative article on one
of the three norms that you’d like to use instead, send it to
me 24 hours before class):
Precautionary Principle
– Interview with John Dernbach, Bloomberg BNA World
Climate Change Report (2012).
Sustainable Development
– Separate Opinion of Judge Weeramantry (discussing the
concept of sustainable development and the use of nonWestern sources for international law), Gabčíkovover 18 March 2013
Nagymaros Project (HungarylSlovakia), Judgment, I.C.J.
Reports 1997. (NB: the first section of this long opinion is
on sustainable development, then he continues with other
topics)
Intergenerational Equity
– Minors Oposa v. Secretary of the Department of
Environment and Natural Resources, Supreme Court of the
Philippines (1993) PHSC 577, reprinted in 33 I.L.M. 173
(1994), especially pp. 174-181, 183-188
– Edith Brown Weiss, Our Rights and Obligations to Future
Generations for the Environment, 84 Am. J. Intl L. 198
(1990).
– Edith Brown Weiss, A Reply to Barresi’s “Beyond Fairness
to Future Generations,” 11 Tulane Envtl L J 89 (1997).
Further reading on soft and hard law, for the interested
– Gregory Shaffer and Mark A. Pollack, Hard & Soft Law:
What Have We Learned?, University of Minnesota Law
School, Legal Studies Research Paper Series No. 12-17.
5
Feb 12
TOPIC 2: EVOLVING LEGAL INSTITUTIONS AND PRINCIPLES
Transboundary
 There are three parts to the assignment for
Watercourses and
February 12. First, do the required reading.
Groundwater
Second, choose at least one of the articles below
and read it – they are all on Sakai. Third, prepare
PLEASE LOOK AT
a short (2-3 minute) presentation for class as
ASSIGNMENT
described below.
POSTED IN SAKAI
If you are not familiar with the tragedy of the
RESOURCES FOR
commons, please also read pp 84-85.
FULL DESCRIPTION
If you are not familiar with cost/benefit
OF THIS
analysis, discount rates, and ecosystem
ASSIGNMENT
service valuation, please also read pp 113133.
REQUIRED READING:
Brown Weiss, McCaffrey, Magraw, Tarlock, INTERNATIONAL
ENVIRONMENTAL LAW AND POLICY, 2D EDITION (2007). pp. 75759 (introduction); 761-765 (Harmon Doctrine, see
especially Note 1); 765-767 (Tigris-Euphrates); 767-794
(UN Convention, Helsinki Rules, Berlin Rules – focus on
understanding the rules and distinguishing them from
each other; many of the note questions are rhetorical and
designed to make you think about the issues); 804-816
(Climate change, Ecosystems, Human Right to Water)
DISCUSSION
The United Nations International Law Commission (ILC)
has decided to propose a new treaty to address the issues
that climate change raises for international water
governance.
You have been appointed to the ILC Working Group on
Climate Change and International Watercourses. You will
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find the country that has appointed you below. You will
naturally feel an obligation to respect the interests of that
country in your remarks.
Please prepare a 2-3 minute statement to your fellow
working group members identifying a basic provision of
the 1997 UN Convention on the Law of the NonNavigational Uses of International Watercourses, U.N.
Doc. A/RES/51/229, July 8, 1997, I.L.M. 700 (1997) that
should be revised or an additional article that should be
included in it to address the concerns of climate change.
- Explain to your colleagues how your proposal is
supported by at least one of the sources of
international law listed in Article 38(1) of the
Statue of the International Court of Justice (you
may also argue the additional sources of law that
we discussed in class, but be sure to put them in
a proper context: if a principle is becoming hard
law then point that out, but if it is still soft law,
acknowledge that);
- Consider whether another working group
member is likely to make a proposal that would
harm the state that appointed you, and be ready
to make a brief comment pointing out
weaknesses in their proposals.
SUPPLEMENTAL READING
There are a number of articles in Sakai – Resources that
you may find helpful.
6
Feb 19
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Ozone Depletion:
Montreal Protocol
N. Kliot, D. Shmueli & U. Shamir, Institutions for
Management of Transboundary Water Resources: Their
Nature, Characteristics and Shortcomings, 3 Water Policy
229 (2001).
S. McCaffrey, The UN Convention on the Law of the NonNavigational Uses of International Watercourses:
Prospects and Pitfalls [rest of source information has been
lost]. [You may wish to read this clear, 11 page overview
of the UN Convention before you tackle the reading in the
text book]
R Martin-Nagle, Fossil Aquifers: A Common Heritage of
Mankind, 2 Geo. Wash. J. Energy & Envtl. L. 39 (2011).
F. Pearce, A Global Treaty on Rivers: Key to True Water
Security, Yale Environment 360 (19 Nov 2012).
Damning Evidence No Match for Dam Pushers, Thanh Nien
News (7 Dec 2012).
Intelligence Community Assessment, Global Water
Security (2 Feb 2012).
International Rivers – www.internationalrivers.org
Treaty analysis due.
Read:
Please read the following, in Brown Weiss, et al.:
Chapter 10: pp. 557-89
Download and skim:
Vienna Convention for the Protection of the Ozone Layer
Montreal Protocol on Substances that Deplete the Ozone
Layer
Review Chapter 3: G. Hardin, p. 84; note 2, p. 89 (review
pp 83-89 if necessary); p. 95-96 (scientific uncertainty); pp.
102-04 (especially continuous learning and adjustment).
7
8
9
Feb 26
March 5
March 12
Climate Change:
UNFCCC and
Alternatives
Protection of the
Marine Environment
Submit outline or abstract and updated source list
Second writing assignment (reaction paper) explained (due
March 12)
Please read the following, in Brown Weiss, et al.:
Chapter 11: pp. 593-654; pay particular attention to
pp 613-622, 629-30 and 642-47.
Discussion questions as posted in Sakai.
Please read:
 all of Brown Weiss, et al., chapter XII, Protection
of the Marine Environment, pp 655-81;

the following excerpts from chapter VII,
Environmental Disasters: pp 385-86 (intro to
envtl disasters), 395-410 (Prestige oil spill); and

all of David Freestone. 2012. Fisheries, High Seas
in Max Planck Encyclopedia of Public
International Law. [in Sakai: Resources]
As you read, consider in what ways the ocean is
unique, compared to all other planetary geographic
features. Consider national interests in the high seas
from the point of view of island states (Fiji, Nauru),
land-locked states (Switzerland, Afghanistan, Bolivia),
states with extensive coastlines (USA, Chile, Italy),
states with minimal coastal access (Iraq), and states
with traditional sea-based cultures and/or fishingbased economies (Iceland, Norway, Japan).
DISCUSSION QUESTIONS AS POSTED IN SAKAI
TOPIC 3: SOVEREIGN RESOURCES – GLOBAL INTERESTS
Second paper (reaction paper) due
Human Rights and
Read:
Environment



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Aguilar, A.F. and N. A.F. Popovic. 1994. Lawmaking in
the United Nations: The UN Study on Human Rights
and the Environment. RECIEL, 3, 197-205.
Brown Weiss, et al., Chapter VIII pp. 429-57.
1994 Draft Declaration on Principles on Human Rights
and the Environment.
Second Written Assignment:
Please select at least two of the following readings for
your reaction paper:
1. Popovic, N. A. F. (1996). in pursuit of environmental
human rights: Commentary on the draft declaration of
principles on human rights and the environment.
Columbia Human Rights Law Review, 27, 487.
2. Doe I v. Unocal Corp., 395 F.3d 932 (2002); Vacated by,
Rehearing, en banc, granted by Doe v. Unocal Corp., 395
F.3d 978, 2003 U.S. App. LEXIS 2716 (9th Cir., 2003).
3. Summary of Petition to the Inter American
Commission on Human Rights Seeking Relief from
Violations Resulting from Global Warming Caused by Acts
and Omissions of the United States.
4. Brown Weiss, et al., Chapter VIII, pp. 457-500.
5. Daniel A. Farber. Climate Justice. Available at:
http://ssrn.com/abstract=1883186
Prepare to discuss your reaction paper in class
Spring Break
10
March 26
Biodiversity
See Assignment posted in Sakai Resources: Assignment for
Biodiversity for reading and discussion questions
Presentations:
Zac Ottoson
11
April 2
Role of National
Courts and Laws
See Assignment posted in Sakai Resources: Assignment for National
Courts for reading and discussion questions
Presentations
Jonathan Harvison Agreement on Air
Quality
Brian Rosener Utilization of the
Waters of the Rio
Grande and Tijuana
Rivers and of the
Rio Grande
Marvin Astrada
12
April 9
TOPIC 4: GLOBALIZATION, ECONOMIC INTERESTS
Directions for the third writing assignment (Memo) handed
Trade and
out (due April 30)
Environment
Presentations
Candice Liao - United
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To be posted
Nations Convention to
Combat Desertification
in Those Countries
Experiencing Serious
Drought and/or
Desertification,
Particularly in Africa
Ashley Feller Agreement between the
European Community
and the United States of
America on sanitary
measures to protect
public and animal
health in trade in live
animals and animal
products
Heather Afford –
Antarctic Treaty
13
April 16
Hazardous Materials
To be posted
Presentations
Joe Traum - Statute of
the International
Renewable Energy
Agency
Kyle Ligos - Agreement
Between The
Government Of The
United States Of
America And The
Government Of Canada
Concerning The
Transboundary
Movement Of
Hazardous Wastes
Bryan Suchenski - The
Meaning of
Adherence: Japanese
Whaling before the
International Court of
Justice
14
April 23
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Making International
To be posted
Environmental Law
Work: Compliance,
Enforcement,
Effectiveness
April 30
Third Writing Assignment Due
May 11
Research Paper Due
Disability Services Statement:
If you are entitled to a disability accommodation, I encourage you to request it. Rutgers, the State
University of New Jersey abides by Americans with Disabilities Act of 1990, the Americans with Disabilities
Act Amendments of 2008, Section 504 of the Rehabilitation Act of 1973, Section 508 of the Rehabilitation
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type of instructional and/or examination accommodation, please contact the Office of Student Affairs at
Rutgers-Camden Law.
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Rutgers academic integrity policy here: http://academicintegrity.rutgers.edu/. Please read it carefully.
Plagiarism is, in fact, the theft of someone else’s ideas and words with the dishonest claim that they are
yours. Infractions will be referred to the appropriate dean with the recommendation of the harshest
sanction allowed, which may include expulsion.
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