Global limits and responsibility for the climate and nature

Teacher(s)

de Clippele Marie-Sophie (coordinator); Misonne Delphine;

Language

French

Learning outcomes

At the end of this learning unit, the student is able to :

In view of the multiple crises that characterise the beginning of the 21st century, our development model is being questioned from all sides and seems to be, in some respects, at a standstill. Yet, if you can see it, the reference to development promised as 'sustainable' has been everywhere for decades in the texts that govern us, from multilateral treaties to the Belgian Constitution, from United Nations texts to national legislation. But where did this expression come from and what did it mean, what does it still mean? Where has it taken us? Is it not outdated, too lenient, both factually and conceptually, in 2022? Should we get rid of it, keep it, transform it? At the heart of the subject, it is the governance of climate change and the collective stakes of environmental protection that will be explored in a very concrete way, in a globalized dimension, taking as a starting point the legal dimension - which is the originality of the teaching. The aim of the learning process is to provide the student with - an ability to understand some of the legal responses to ensure the protection of these so-called "qualitative" values, including in particular the protection of the environment - an understanding of the role, competence and responsibilities of the different categories of actors, including the relationship to scientific expertise - a critical look at the range of instruments proposed and a reflection on the role of law in the reorientation towards 'sustainable development'.

Content

The course begins with the concept of "planetary boundaries" to explore the legal and policy responses to broad issues such as climate change, biodiversity loss, land and water degradation, among others. It combines both global and local scales of analysis, both conceptually and in terms of public policy tools.
What kind of responsibility will be addressed? This will be one of the main threads of the course: to critically assess, based on legal texts in particular, how these issues are approached — and by whom — through the lens of the notion of responsibility, in its various forms: responsibility towards present and future generations, responsibility towards nature, responsibility of states, and corporate responsibility.
The course will concretely cover the following topics:
- The concept of planetary boundaries, its status, and its place in the evolution of ideas in the context of environmental and social crises.
- Climate change and the governance responses it has triggered: the Paris Agreement, North-South tensions around the climate issue, and climate litigation.
- The biodiversity crisis and the question of granting legal personhood to nature: what is humanity’s responsibility towards living beings?
- The protection of land, land use, and resource exploitation.
ODDs in this course: all, and more specifically 1,2,6,6,10, 11 to 17

Teaching methods

Lectures given by two teachers, requiring the active participation of the students, with a view to co-create knowledge. The course includes moments of debates, field visits, conference(s) by guest speakers.

Evaluation methods

Oral examination 

Bibliography

Cfr Portefeuille de lectures

Faculty or entity

> ESPB