Study-Unit Description

Study-Unit Description


CODE ERL5012

 
TITLE Environmental Ethics in Law and Policy Making

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Environmental and Resources Law

 
DESCRIPTION 1. An introduction to the subject that would delve into:
- The meaning of the term environment;
- Evolution of environmental ethics on a national level as it was influenced by international events and Malta's membership within the European Union.

2. An assessment of the constituent General Principles of Environmental Ethics as they emerge from law and policy:
- The right of ownership and use of natural resources and the obligation to protect the environment as a common good. The qualification of ownership rights to protect the environment;
- The preventive approach and the precautionary principle in addressing the regulation of environmental protection;
- Liability for environmental harm: the polluter pays principle the breach of environmental law leading to a criminal offence and a civil wrong;
- The concept of sustainable development as an objective of environmental ethics and the challenges of achieving sustainable use;
- The governmental duty to provide access to environment information, allow the public to participate in decision making and to provide for the independent review of l decision making in environmental matters.

3. The Basic Ethical Rights and Duties of the individual re the protection of the environment:
- The right to live in a safe environment;
- The duty to protect the environment from harm;
- The relationship between humans and the components of biodiversity and the physical environment;
- The Right of the Public to Access to Environment Information, Environment Decision- Making and Access to Justice in Environmental Matters.

4. - Environmental Ethics specific to:
- Waste Management;
- Aspects of Nature Conservation and Biodiversity;
- Aspects of Pollution Control.

Study-unit Aims:

The study-unit will provide the student with a general overview of ethical issues related to the environment as they have evolved and developed in accordance with the general principles of environmental law and policy applied to the protection of the natural environment and natural resources at the national regional and global level. The influence of International treaties and the EU acquis communautaire would also be discussed and evaluated.

The study-unit will familiarize the student with the major ethical values on environmentally related subjects. Special emphasis will be given to the principles of environmental law and policy as well as the ethical basis for protecting the environment and natural resources from an anthropocentric and ecocentric approach. The unit aims to delve into the various ethical aspects relating to different environmental sectoral aspects of environmental law and policy affecting society. In so doing, it will identify the conflicting uses and needs related to the environment and natural resource management both from an anthropocentric as well as an ecocentric perspective.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Comprehend environmental ethics principles such as the use of natural resources as a common good, the ethical implications of sustainable development, responsibility for environmental harm, the polluters pays principle and the precautionary and preventive approach;
- Learn about the ethical right to access to environmental information, public access to decision making and access to justice in environmental matters;
- Discern which ethical issues have emerged from the salient developments, obligations and principles pertaining to horizontal and sectoral environmental legislation and how these relate to other disciplines have generated.

2. Skills
By the end of the study-unit the student will be able to:

- Become acquainted with the basic principles of environmental ethics and would learn to appreciate the complexity and specific characteristics of the same;
- Become aware of the various conflicting interests and needs that environmental ethics need to take into consideration;
- Become aware how ethics influences law and policy and governance of environmental resources by various institutions involved;
- Be introduced to the interface between the various sectors and how environmental ethics affects socio economic issues and forward planning;
- Be acquainted with the remedies available and the extent of civilian participation in day to day environmental decision making.

Main Text/s and any supplementary readings:

Main Reading List

- Borg, S. and Farrugia L., Environmental Law in Malta, Kluwer International, The Hague, 2010.
- Birnie, P. and Boyle, A., and Redgwell C., International Law and the Environment, Oxford University Press, USA, 3rd edition 2009.

Supplementary Reading List

- Earth Stewardship, Linking Ecology and Ethics in Theory and Practice. Editors: Rozzi, R., Chapin III, F.S., Callicott, J.B., Pickett, S., Power, M.E., Armesto, J.J., May Jr., R.H. (Eds.)
- Linking Ecology and Ethics for a Changing World, Values, Philosophy, and Action. Editors: Rozzi, R., Pickett, S., Palmer, C., Armesto, J.J., Callicott, J.B. (Eds.)
- Crocker D (1996) International Development Ethics. Available from: http://www.bu.edu/wcp/Papers/OApp/OAppCroc.htm
- Gasper D (2009) Development Ethics and Human Development. HD Insights, HDR Networks Issue 24, United Nations Development Programme (UNDP). Available from: http://hdr.undp.org/en/media/HD_Insights_January2009.pdf

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Presentation (15 Minutes) SEM1 No 50%
Assignment SEM1 Yes 50%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit