C9535 - ENVIRONMENTAL STRATEGIC LITIGATION

Learning outcomes

the laboratory, through an immersive trial of process simulation, has the objective of providing students some theoretical tools and first practical skills, to address with legal language the solution of conflicts in environmental and climate matters. Starting from the concepts of participatory justice and strategic litigation, and using simulation tools, students will represent the roles of an environmental judgment (judges, parties, consultants), learning to legally argue the defense in a judgment.

Course contents

Review of regulatory sources. Critical introduction to the concept of sustainable development. Fundamentals of international environmental law. New ecocentric legal paradigms such as the rights of nature. Introduction to Environmental Strategic Litigation, Climate Strategic Litigation, and People's Courts. Simulation of a case before a People's Court.

Readings/Bibliography

The laboratory does not use a students' reader. The reading of 3 chapters of the following volume E. Costa Cordella, P. Moraga Sariego (eds), State Responsibilities in the Climate Crisis: Legal Standards and Global Litigation, Tirant Lo Blanch, Valencia, 2024, ISBN 978-84-1095-350-5, is compulsory.
The chapters will be made available by the teacher on Virtuale.

Teaching methods

The workshop is ideally divided into two teaching modules. The first meetings consist of lectures preparatory to the seminar work of the second module, in order to equip the participants with the necessary tools to address the simulation of the process of an environmental strategic litigation case.
The latest meetings simulate the trial before a People's Court. Preparatory work is planned at home by each group of students, which consists of preparing the oral presentation of the case, preparing the counterarguments, and drafting the final ruling.

Assessment methods

Idoneità is achieved based on participation in group work, at home and in the classroom, through the evaluation of process documents drawn up by students. Each group must send the teacher, during the workshop, a word file with the work done.
Students will be considered attending if they are present at least 70% of the classes.

 

USE OF AI

For assessment purposes, limited, declared, and non-substantial use of AI is permitted for support activities (summary, reformulations). Substantial use for completing parts of the test is not permitted.

 

Teaching tools

Viewing videos. Documents and background material uploaded to Virtuale. Meetings with stakeholders and institutional representatives.

Office hours

See the website of Silvia Bagni