International Environmental Governance


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International Environmental Governance

  1. 1. International Environmental Governance: Education, Advocacy and NGOs ENYC-GE.2015 Spring 2013 New York University Steinhardt School of Culture, Education and Human Development M.A. Program in Environmental Conservation Education Professor Howard S. Schiffman, J.D., LL.M., Ph.D. (212) 992-9365 Office Hours: Tuesdays 3-6pm 239 Greene Street 401C SYLLABUSCourse Description:The course examines major international environmental issues such as climate change, loss ofbiodiversity, pollution and the crisis in our oceans with an emphasis on guiding principles andinstitutional frameworks to address them. The course explores the role of education as a tool foreffective conservation and the educational/advocacy functions of Non-GovernmentalOrganizations. An examination of evolving concepts, e.g., the Precautionary Principle andEcosystem-based management, illuminates how we develop environmental solutions. Studentswill become familiar with key documents of international environmental governance.Course Objectives: • Students will read key international environmental documents including: the 1972 Stockholm Declaration, the 1992 Rio Declaration, the Biodiversity Convention, the UN Framework Convention on Climate Change and the Kyoto Protocol. • Students will identify and discuss major challenges to effective international conservation and management including, e.g., the North-South Debate, scientific uncertainty and organizational limitations. • Students will define and integrate key terminology of international environmental governance to apply it to multiple teaching and learning environments. • Students will explore environmental education as a tool of effective environmental governance and be encouraged to develop new pathways to achieve this.Course Materials and Requirements: The following materials are required: 1) James Gustave Speth and Peter Haas, Global Environmental Governance: Foundations of Contemporary Environmental Studies (Foundations of Contemporary Environmental Studies Series, Island Press, 2006) 2) David Hunter, James Salzman and Durwood Zaelke, International Environmental Law and Policy, 4th ed., Foundation Press (2011) (Hunter) (NOTE: Although there are required readings in Hunter, it is a large, expensive
  2. 2. book. It is available at the NYU Bookstore but I have also posted electronic page proofs at this link: (pages 1- 605) and (pages 606 - 1451) I have also requested a copy to be placed on reserve in Bobst for your convenience so you can avoid buying it); 3) David Hunter, James Salzman and Durwood Zaelke, Treaty Supplement (latest edition) (Supp.). (please bring to class with you as we will refer to it in class most weeks)The following item is recommended: 1) Lakshman Guruswamy, International Environmental Law in a Nutshell, Thomson/West (2007).The readings for each class session are designated in this syllabus. They are designed to give youbackground knowledge about the class lessons and whenever possible should be done before theclass session where that material will be discussed. Although the readings seem long for somesessions, please do the best you can to familiarize yourself with the material before class. Manydocuments I have assigned are in the Treaty Supp.Attendance and Lateness Policy: All students must attend class regularly. Your contribution toclassroom learning is essential to the success of the course. We are a learning community andvalue everyone’s regular contribution to the learning process. Two (2) absences (with anexplanation or not) will result in a grade deduction. More than 2 absences will result in a failinggrade. The only exceptions will be cases of documented illness or other family emergency. Inaddition, every student must make an effort to be in class on time. It is disruptive to classroomlearning when someone enters the room after class has started. Both attendance and lateness willbe counted in the calculation of your final grade. Attendance will be taken at the beginning ofeach class session. Therefore, being late could well be counted as an absence. Not only willlateness be counted against the final grade but persistent lateness will lead to a failing grade.Exam and Paper: There will be an in-class midterm examination on March 12. The midtermexam will be essay format and will test your knowledge of the concepts discussed in class aswell as the assigned reading. In addition to the midterm you will need to submit a research paperof 15-20 pages examining an issue of international environmental governance. The paper shouldrely substantially upon primary sources. You have wide latitude in what you may write about,however, all paper topics must be submitted in writing and approved by me. Proposed papertopics, a preliminary outline of the key points of inquiry and a preliminary bibliography are dueby the sixth class session on March 5. The paper must be word-processed and contain bothfootnotes and bibliographic references. The paper will be due on May 7.I recommend you come to see me at some point during the semester to discuss your progress.Your final grade will be calculated according to the following percentages: class preparation andparticipation (15%); midterm exam (35%); research paper (50%).
  3. 3. Criteria for Grading:Midterm Exam: You will be assessed on the key concepts of international environmentalgovernance discussed to the midpoint of the semester. This includes an ability to recall, defineand summarize them, discuss their context and integrate them usefully in a hypothetical situationof international environmental governance.“A” range grade (90% or above) demonstrates overall mastery“B” range grade (80-89%) demonstrates proficiency“C” range grade (70-79%) demonstrates basic competence“F” demonstrates less than basic competenceResearch Paper: Your paper grade will be based on four (4) components: 1) The value andquality of the information it imparts; 2) The quality of your analysis; 3) Level of scholarship; 4)Organization and clarity.“A” range grade demonstrates mastery of (at least) 3 components and proficiency in onecomponent“B” range grade demonstrates proficiency (or greater) in at least three components and basiccompetence in one component.“C” range grade demonstrates basic competence in all 4 components“F” demonstrates less than basic competence in any component.Academic Integrity and Plagiarism: All students must be familiar with the NYU SteinhardtSchool definition of plagiarism and the policy on academic integrity. The NYU SteinhardtStatement on Academic Integrity is available at: Steinhardt School defines plagiarism as follows: Plagiarism, one of the gravest forms of academic dishonesty in university life, whether intended or not, is academic fraud. In a community of scholars, whose members are teaching, learning and discovering knowledge, plagiarism cannot be tolerated. Plagiarism is failure to properly assign authorship to a paper, a document, an oral presentation, a musical score and/or other materials, which are not your original work. You plagiarize when, without proper attribution, you do any of the following: • Copy verbatim from a book, an article or other media; • Download documents from the Internet; • Purchase documents; • Report from others oral work; o Paraphrase or restate someone elses facts, analysis and/or conclusions; o Copy directly from a classmate or allow a classmate to copy from you.
  4. 4. Incomplete Policy: Incompletes will only be granted in extreme cases such as serious illness orfamily emergency and only where almost all of the work for the semester has already beencompleted. A request for an incomplete must be in writing and documentation (such a note froma doctor or clergy) must be provided.Accommodations for Students with Disabilities:Any student attending NYU who needs an accommodation due to a chronic, psychological,visual, mobility and/or learning disability, or is Deaf or Hard of Hearing should register with theMoses Center for Students with Disabilities at 212 998-4980, 240 Greene Street,, please regularly check the NYUClasses course page on NYUHome( I may post announcements, updates and items of interest onNYUClasses. Certain assigned readings/primary source documents are available under theResearch or Library function of NYUHome. Copies of key course documents such as thesyllabus and paper guidelines will be available NYUClasses. As importantly, please take thetime to read all course policies, especially those pertaining to attendance, lateness and grading, toavoid any misunderstanding about what will be expected.Jan. 29 Lesson 1 Introduction and overview of major international environmental issues. How the changing climate and other environmental problems are affecting us. Speth and Haas pp. xi-51 Hunter, Chapters 1 & 2Feb. 5 Lesson 2 History of international environmental governance and a review of key principles. An introduction to international environmental organizations. Why environmental educators need to understand environmental governance. Speth and Haas pp. 82-124 Hunter, Chapters 4 (skim), 5 & 6Feb. 12 Lesson 3 Stockholm, Rio and the path to “sustainable development” Education as a component of sustainable development. Education and Sustainability as Millennium Development Goals The Precautionary Principle Speth and Haas pp. 52-81 Hunter, Chapters 4 & 8; Stockholm Decl. (Supp.) Rio Decl. (Supp.).Feb. 19 Lesson 4 Wildlife and Biodiversity Ecosystem-Based Conservation and Management Innovative strategies for teaching biodiversity conservation
  5. 5. Hunter, Chapter 15; CITES, (Supp); Conv. on Migratory Species (CMS), (Supp.); Conv. on Biodiversity (CBD) (Supp.).Feb. 26 Lesson 5 Pollution (an overview of how we address pollution) Governing our Oceans (begin discussion) Hunter, Chapter 12; UNCLOS (Supp.) (you need only skim the many provisions of UNCLOS to prepare for this lesson)Mar. 5 Lesson 6 Governing our Oceans (cont.) Fisheries The special case of marine mammals Cultural differences and perceptions about marine mammals Hunter, Chapter 12 (cont.); pp. 1047-1068. Int. Conv. for Regulation of Whaling (ICRW) (Supp.). ***Paper Topics/Outlines Due***Mar. 12 Lesson 7 *****Midterm Exam in Class*****Mar. 19 Enjoy Spring Break!March 26 Passover – Class CancelledApril 2 Lesson 8 (extended 1 hour) Climate Change Hunter, Chapter 11, UN Framework Conv. on Climate Change (UNFCCC) (Supp.) (Kyoto Protocol) (Supp.) Climate Change across the curriculum.April 9 Lesson 9 (extended 1 hour) Climate Change (cont.) Can the US and other carbon emitters be called to account? Cancun….What Comes After Kyoto? Go over midterm in class. The 4th IPCC Report, 2007 ((Synthesis Report) available at Speth and Haas, pp. 125-150 Andrew L. Strauss, The Legal Option: Suing the US in International Forums for Global Warming Emissions, 33 ENVT’L L. REPTR.10185 (2003); Resolving disputes in international environmental governance. Howard S. Schiffman, The Dispute Settlement Mechanism of UNCLOS: A Potentially Important Apparatus for Marine Wildlife Management, 1 J. Intl
  6. 6. Wildlife L & Poly 293 (1998); Howard S. Schiffman, UNCLOS and Marine Wildlife Disputes: Big Splash or Barely a Ripple? 4 J. Intl Wildlife L. & Poly 257 (2001); Daniel Bodansky, Whats So Bad about Unilateral Action to Protect the Environment? 11 European Journal of International Law 339 (2000); Kenneth F. McCallion & H.Rajan Sharma, Environmental Justice Without Borders: The Need for an International Court of the Environment to Protect Fundamental Environmental Rights, 32 G.W. J. Intl L & Econ. 351 (2000); Sean D. Murphy, Does the World Need a New International Environmental Court? 32 Geo. Wash. J. Intl L. & Econ. 333 (2000). *All articles may be accessed from the NYUHome Research tab.April 16 Lesson 10 A critical evaluation of the role of NGOs in international environmental governance. Environmental education as advocacy and environmental advocacy as education. Michele M. Betsill and Elisabeth Corell, NGO Influence in International Environmental Negotiations: A Framework for Analysis, Vol. 1, Issue 4 Global Envtl. Politics 65 (2001). *Possible guest lecture on the role of NGOs in international environmental governance**April 23 Lesson 11 Corporations as Actors in International Environmental Governance, Corporate Social Responsibility. Guest lecture by Allison Kohll, PVH Corporation.April 30 Lesson 12 International environmental governance meets free trade and human rights Hunter, Chapters 17 & 18May 7 Lesson 13 The expanding role of the environmental educator in environmental governance. The Millennium Development Goals Making all constituencies/stakeholders aware of their obligations. ****Papers Due****
  7. 7. Suggested BibliographyIn addition to the assigned material, some students might find it useful to refer to thefollowing sources: Birnie, Patricia and Boyle, Alan, INTERNATIONAL LAW & THE ENVIRONMENT (2d. ed), Oxford University Press, 2002 Caldwell, Lynton Keith, INTERNATIONAL ENVIRONMENTAL LAW FOR THE 21ST CENTURY (3d. ed), Duke University Press (1996). Churchill, R.R. and Lowe, A.V., THE LAW OF THE SEA (3d. ed.), Juris Publishing, Manchester University Press, 1999. Clark, T.W., Developing policy-oriented curricula for conservation biology: Professional and leadership education in the Public Interest. Conservation Biology 15(1): 31-39, 2001. Favre, David, INTERNATIONAL TRADE IN ENDANGERED SPECIES: A GUIDE TO CITES, Dordrecht: Nijhoff, 1989. Fox, James F., DICTIONARY OF INTERNATIONAL AND COMPARATIVE LAW, Oceana Publications, 1997. Guruswamy, Lakshman D. and McNeely, Jeffrey A. (eds.), PROTECTION OF GLOBAL BIODIVERSITY, Duke University Press, 1998. Guruswamy, Lakshman D., Palmer, Geoffrey W.R., Weston, Burns H., INTERNATIONAL ENVIRONMENTAL LAW AND WORLD ORDER: A PROBLEM ORIENTED COURSEBOOK, West Publishing, 1994. Kiss, Alexandre and Shelton, Dinah, INTERNATIONAL ENVIRONMENTAL LAW (2d. ed.), Transnational Publishers, 2000. Lyster, Simon, INTERNATIONAL WILDLIFE LAW: AN ANALYSIS OF INTERNATIONAL TREATIES CONCERNED WITH CONSERVATION OF WILDLIFE, Cambridge University Press, 1993. Nanda, Ved P., INTERNATIONAL ENVIRONMENTAL LAW & POLICY, Transnational Publishers, 1995. Nissenbaum, R.A. and T. Lewis. Ghettoization in conservation biology: How interdisciplinary is our teaching? Conservation Biology 17(1): 6-10, 2003. Schiffman, Howard S., MARINE CONSERVATION AGREEMENTS: THE LAW & POLICY OF RESERVATIONS AND VETOES, Martinus Nijhoff-Brill (2007).
  8. 8. The following is a list of websites that I find quite helpful for research in internationalenvironmental governance. This is by no means an exclusive list. There are many otherexcellent sites but these are ones I find myself returning to again and again. Many containlinks with other related or more specific sites. I hope this is useful to you for present andfuture research needs. Convention on Biological Diversity (CBD) Convention on International Trade of Endangered Species (CITES) Convention on Migratory Species (CMS) UN Framework Convention on Climate Change (UNFCCC) International Whaling Commission (IWC) United Nations Homepage United Nations Environment Programme Multilaterals Project – Tufts Fletcher School of Law and Diplomacy Environmental Treaties and Resource Indicators (ENTRI) EnviroLink Global Change Research Information Wildlife Committee of the American Branch of the Int. Law Assoc. Learning for Sustainability Teaching Climate Change Law & Policy: Pedagogy, Resources and Insights