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Lehrende: Prof. Dr. Karsten Nowrot; Emily Marie Sipiorski
Veranstaltungsart:
Vorlesung
Anzeige im Stundenplan:
Int. Norm. Framew.
Semesterwochenstunden:
3
Credits:
6,0
Unterrichtssprache:
Englisch
Min. | Max. Teilnehmerzahl:
- | -
Kommentare/ Inhalte:
This course examines the growth of normative frameworks on sustainability within public international law and its respective systems. While international law was once limited to the interactions between and among sovereign states, substantial changes over the course of the past decades have broadened the scope, now including a diverse range of relevant actors. Substantive norms are increasingly directed at realizing community interests: the protection of human rights and the environment as well as the realization of core labour and social standards. These issues interact with the broader ideal of the promotion of sustainable management. Respecting the growing importance of these initiatives, the development of the international normative framework on sustainable management is a complex and dynamic interaction. This course approaches the normative framework by 1) grounding the subject in public international law, 2) recognizing the relevant legal structures, and 3) exploring the evolving application of sustainability in treaty law and jurisprudence.
The course provides students with an insight into the foundational concepts and structures of public international law and the central features of the international normative framework on sustainable management. The specific topics introduced and discussed include the evolution of the sustainability-oriented characteristics of the current international legal system as well as the main normative instruments and subjects in the transnational normative order and their relevance in the context of sustainable management. Furthermore, the course will address the challenging questions surrounding the perception of private business actors as addressees of international sustainability obligations under treaty law and customary international law. The course will also approach sustainable management as an increasingly-relevant topic of international tribunals, including the International Court of Justice, the World Trade Organization, and investment tribunals, and as a regulatory focus of regional economic integration agreements.
Lernziel:
Students should develop an understanding of the central issues surrounding the international normative framework on sustainable management including its transnational legal background, the role of private actors in the international framework for sustainable management, and the specific role of law in maintaining sustainability initiatives in economic contexts.
Literatur:
· A. Clapham, Human Rights Obligations of Non-State Actors, Oxford 2006.
· M.C. Cordonier Segger / A. Khalfan, Sustainable Development Law: Principles, Practices & Prospects (Oxford University Press 2004)
· D. French (ed), Global Justice and Sustainable Development (Brill 2010)
· M. Herdegen, Principles of International Economic Law, 2nd ed., Oxford 2016.
· B. Huarte Melgar/K. Nowrot/Y. Wang, The 2011 Update of the OECD Guidelines for Multinational Enterprises: Balanced Outcome or an Opportunity Missed?, Halle 2011.
· E. Morgera, Corporate Accountability in International Environmental Law, Oxford 2009.
· K. Nowrot, The Relationship between National Legal Regulations and CSR Instruments: Complementary or Exclusionary Approaches to Good Corporate Citizenship?, Halle 2007.
· K. Nowrot, New Approaches to the International Legal Personality of Multinational Corporations - Towards a Rebuttable Presumption of Normative Responsibilities, 2005, <http://www.esil-sedi.eu/sites/default/files/Nowrot.PDF>.
· C. Tietje/A. Brouder (eds.), Handbook of Transnational Economic Governance Regimes, Leiden/Boston 2009.
· J. E. Viñuales, ‘Sustainable Development’, in L. Rajamani, J. Peel (eds.), The Oxford Handbook of International Environmental Law (Oxford University Press, 2nd edn. 2019)
· C. Voigt, Sustainable Development as a Principle of International Law Resolving Conflicts between Climate Measures and WTO Law (Brill 2008)
· J.A. Zerk, Multinationals and Corporate Social Responsibility – Limitations and Opportunities in International Law, Cambridge 2006.
Zusätzliche Hinweise zu Prüfungen:
Take Home Exam:
Time to process the exam: 240 min
Time frame in which the exam can be completed:
1. Exam: 12.07.2021, 08.30 am - 12:30 am
2. Exam: 23.09.2021, 08.30 am - 12.30 am.
The examiner of your course will provide information about the hand out of examination tasks / assignments and their submission during the course of this semester, at the earliest after the STiNE Changes and Corrections Period.
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