|Delivery Type||Delivery length / details|
|Seminars / Tutorials||22 hours; 11x2 hour seminars|
|Assessment Type||Assessment length / details||Proportion|
|Semester Assessment||TWO WRITTEN ASSIGNMENTS OF 2,500-3,000 WORDS (40% EACH) OR ONE WRITTEN ASSIGNMENT OF 5,000-6,000 WORDS||80%|
|Semester Assessment||ORAL PRESENTATION||20%|
|Supplementary Assessment||WRITTEN ASSIGNMENT(s) TO BE RESUBMITTED, IF FAILED||100%|
|Supplementary Assessment||WRITTEN ASSIGNMENT IN LIEU OF ORAL PRESENTATION TO BE SUBMITTED, IF FAILED||20%|
On successful completion of this module students should be able to:
1. Demonstrate a detailed knowledge and understanding of and undertake a critical analysis of the theoretical discourse on this area of human rights protection.
2. Display a detailed understanding of legislative frameworks of the right to a healthy environment at international, regional and national levels.
3. Critically analyse the role of international businesses and evaluate the effect of this right on the protection of the environment and on the commercial, social, health and cultural interests of diverse communities.
4. Critically analyse and evaluate the effectiveness of implementation and enforcement mechanisms in the context of both economically developed and developing countries especially with regard to regulation and enforcement of environmental and human rights abuses against these companies
5. Critically analyse and evaluate the legal responses at the international and transnational levels aimed at protecting host communities from environmental human rights abuses by multinational companies.
6. Access the relevant literature and materials in this field and use them to engage in a critical discussion of the subject.
The module will begin by introducing students to the various schools of thought on the emergence or otherwise of a new right to a healthy environment, drawing from various legal instruments, including soft law instruments, and judicial decisions through which this right has been introduced at the international, regional and national levels. This discourse will be situated within the context of sustainable development in light of global environmental challenges, with critical analysis of the linkages between more traditional human rights (such as the right to life) and the right to a healthy environment. The critical role of international business in this context will be explored with the use of case studies, demonstrating the impacts that business activities can have on the environment. Crucial to this discourse will be the nature of the personality of multinational corporations and the scope of their rights and obligations from both a historical and more modern perspective. This will be followed by an appraisal of the international law instruments/mechanisms that have developed to address some of these abuses and their implementation and enforcement. To the extent that there are still lapses, attention will be paid to transnational regimes such as the US Alien Tort Claims Act (US ATCA) which has been the basis of action for environmental and human right abuses against various US companies operating in foreign jurisdictions.
2. International environmental law principles and their implication for the development and scope of the right.
3. Legal instruments and the right to a healthy environment: International, Regional and National.
4. The human rights implications of the environmental impact of international businesses in host countries - selected case studies.
5. Challenges faced by national legal regimes of host states in addressing the environmental impacts and human rights implications of the activities of multinational corporations.
6. International instruments (hard and soft law) regulating the environmental and human rights implications of international businesses.
7. Transnational regulation of multinational corporations by home states
This module is at CQFW Level 7