RGMUIER0357.5 ECTSQ1EnglishMaster
Natural Resources Law
FaculteitFaculty of Law, Economics and Governance
NiveauMaster
Studiejaar2026-2027
Beschrijving
Course goals
- The students can explain the challenges of biodiversity loss and overconsumption as areas of exceedance of the planetary boundaries and frame their legal dimension in terms of EU law;
- The students have an overview of the international and EU law instruments addressing biodiversity loss and overconsumption of materials, can examine the interplay between them (or lack thereof) and evaluate the legal implications of such interactions;
- The students can assess the development, characteristics, strengths and weaknesses of EU law on natural resources, especially on nature protection and circular economy;
- The students can categorize the different ways in which EU law can be interpreted and applied in the Member States and can evaluate the ensuing challenges in terms of compliance;
- The students can analyze and evaluate literature and cases in written form as well as in verbal form by presenting pleadings in a simulation of trial proceedings before EU courts and leading discussions in class.
Content
This course focuses on two subjects of EU sustainability policy and law which concern the protection of our natural resources, be it in a very different way: the protection and conservation of biodiversity and the pathway to a circular economy and society. According to research on the planetary boundaries, the continuing biodiversity loss is a global and, thus, also European danger to life survival, at least as threatening as climate change. In the absence of comprehensive EU legislation on the protection of biodiversity, the EU primarily relies on specific Nature Conservation law instruments, the Birds and Habitats directives, in the fight against biodiversity loss. Although the EU has adopted ambitious strategies and undertaken remarkable efforts in terms of biodiversity protection at the regional and global levels, it remains questionable whether the EU measures and their domestic implementation are sufficient in preventing the decline in biodiversity throughout its territorial and marine areas. Against the backdrop of international and primary EU law, the course gives an overview of this fundamental field for sustainability. It starts by introducing the EU’s different substantive and institutional solutions for dealing with biodiversity issues and discusses their strengths and limitations. This first part focuses on the EU legal framework for the in situ and ex situ protection of biodiversity under the Nature Directives, and discusses relevant legal developments in light of the case law of the CJEU. It then zooms in how these EU legal provisions, which aim at a degree of harmonization while taking into consideration domestic particularities, have enabled EU members states to adopt very diverse approaches in their implementation at the domestic level.
The second part of the course moves to an essential concept for the sustainable use of natural resources, and thus an essential component of its regulatory framework, namely circular economy, and society. Besides climate change mitigation and adaptation, the need to move to a circular economy and society is the second key topic of the 2019 European Green Deal. In juxtaposition with climate change, there is almost no international legal or policy framework in this area and the EU is the front runner in this field. In that regard, the course sheds light on the role of EU law in fostering this transition within and beyond EU borders. This part also explores the way EU member states have implemented the EU rules which pave the way for a circular transition, considering the different challenges and opportunities for domestic implementation measures in this field of EU law.
Against the backdrop of the EU biodiversity and circular economy rules, the course examines the more general question as to how far the EU-led direct/indirect harmonization of member states’ law and policy should and can reach in accordance with the EU Treaties.
The second part of the course moves to an essential concept for the sustainable use of natural resources, and thus an essential component of its regulatory framework, namely circular economy, and society. Besides climate change mitigation and adaptation, the need to move to a circular economy and society is the second key topic of the 2019 European Green Deal. In juxtaposition with climate change, there is almost no international legal or policy framework in this area and the EU is the front runner in this field. In that regard, the course sheds light on the role of EU law in fostering this transition within and beyond EU borders. This part also explores the way EU member states have implemented the EU rules which pave the way for a circular transition, considering the different challenges and opportunities for domestic implementation measures in this field of EU law.
Against the backdrop of the EU biodiversity and circular economy rules, the course examines the more general question as to how far the EU-led direct/indirect harmonization of member states’ law and policy should and can reach in accordance with the EU Treaties.
Place of this course within the curriculum:
- Compulsory course in master Law and Sustainability in Europe
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