Climate, environment and sustainability

Language

French

Main themes

Environmental law in the broadest sense of the term will be at the heart of this course, and will be approached from the angle of international, European and Belgian regulations.  Climate neutrality, environmental damage and the protection of various natural environments will also be covered. The decarbonization of Europe's economy will be the subject of particular scrutiny, as will its autonomy in terms of raw materials. Finally, the legal regime governing the production of species will round off the (non-exhaustive) list of topics covered in this course.

Content

First course. The foundations 
Although environmental law is a recent discipline, dating back to the early 70s, it is nonetheless based on a number of innovative principles (precaution) and pursues particularly ambitious objectives (zero pollution). The first course will focus on the objectives, principles and concepts. It will also shed light on the interactions between international, EU and Belgian law.
Second course. Distribution of competencies 
The environment and climate issues are cross-cutting in nature, and as such, interfere with consumer law, transport law, housing law, town and country planning law, energy law, agricultural law, international trade law, investment law, and so on. It's essential to find your way around. The second course will be devoted to the division of competences between the European Union, omnipotent in this field, and the 27 member states, on the one hand, and the federal state and the three regions, on the other.
Third course. Climate neutrality
Our continent is warming faster than any other. The hottest year ever recorded in Europe (2.6°C above pre-industrial levels), 2023 will have been marked by an alarming and unprecedented succession of climate records, plunging us into the unknown. Yet the public authorities have not given up. The rules are so prolix that experts get lost in them. This course will outline the various regulatory approaches being developed at international, European and national level to achieve climate neutrality by 2050.
Fourth course. Environmental crises
The climate crisis means that environmental crises are intertwined.  Climate change calls for more than an energy transition, as it is exacerbated by rapid environmental degradation linked to the overexploitation of natural resources. The course will outline the various legal regimes at international, European and national level designed to regulate environmental damage (products, hazardous substances, GMOs, etc.) and the protection of different environments (water, air, soil).
Fifth course. Circular economy
In a world where resources are becoming increasingly scarce, it is in Europe's interest not only to ensure the decarbonization of its economy, but also its self-sufficiency in raw materials. In this way, the “take, make, throw away” model embodied by fast fashion and programmed obsolescence should be replaced by a circular economy, sounding the death knell of the waste society. The course will outline the legal regimes concerning waste and eco-design. The course should be combined with a visit to a landfill or waste sorting facility.
Sixth lesson. The natural world
At a time when ecosystems are on their last legs, restored and diversified semi-natural environments could sequester significant quantities of carbon and be more resilient to extreme climatic events (floods, droughts and heat waves). Yet, despite 50 years of nature conservation law, natural environments continue to be dissected and species, even common ones (hedgehogs, rabbits, larks), are in dangerous decline. The aim of this course is to explain the legal regime governing the production of spaces and species. It will be combined with a visit, where possible, to a nature 2000 area near Louvain-la-Neuve.

Teaching methods

Classes take place on Saturday mornings. They will be based on course notes written by the teacher. Students are expected to take an active part in the course, particularly in relation to the various judgments of the European Court of Human Rights, the Court of Justice of the European Union and national courts. In order to fully grasp the scope of the rules of the Walloon Region, some courses could take place at the Wavre wastewater treatment plant, the Mont St Guibert landfill or in a nature reserve, depending on the interest shown by the students. The managers of these facilities will explain to the students how they comply with regional standards, which themselves derive from the transposition of EU directives.

Evaluation methods

Course attendance will count for 30% of the final grade. A written exam will follow.

Other information

The philosophy of this course is dynamic rather than static. Students are called upon to participate in and comment on judgments handed down by the European Court of Human Rights, the Court of Justice of the European Union and national courts on issues ranging from bees to the climate crisis. 
The aim is also to go out into the field, either in nature reserves or at waste processing facilities, to get a feel for what is at stake in the application of positive law.

Bibliography

Nicolas de Sadeleer, Commentaire Mégret Environnement et marché intérieur, 2010, Bruxelles, éd. de l’Université libre de Bruxelles, 580 p.
Fr. Ewald et C. Gollier et Nicolas de Sadeleer, Le principe de précaution, collection Que sais-je ?, 2ème éd., Paris, P.U.F., 126 p.
Nicolas de Sadeleer, « Le Pacte vert pour l’Europe: les suites à donner à une réforme sans précédent », Journal de droit européen, octobre 2024, p. 373.
Nicolas de Sadeleer, « Le contentieux climatique devant la Cour européenne des droits de l’homme (arrêts KlimaSeniorinnen, Duarte Agostinho et Carême) », Blog de droit européen, Working Paper 4/2024.
Nicolas de Sadeleer, « "La nouvelle PAC : alliée ou ennemie de la nature sauvage ?», in N. VALDEYRON (éd.), Les vingt ans du règlement sur la législation et la sécurité alimentaire dans l'Union européenne. Bilan et perspectives, Bruxelles, Bruylant, 2023, p. 97-138.
Nicolas de Sadeleer, ‘“La facilité européenne pour la reprise et la résilience: l’amorce d’une conditionnalité environnementale », Revue des affaires européennes, 2021/4, p. 783-795.

Faculty or entity

> DRT