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Social and legal aspects of the environment

This course is part of the programme
Master’s study programme Environment (second cycle)

Objectives and competences

Environmental issues, such as pollution, climate change, biodiversity loss or landscape degradation, function not only as biophysical realities but also as social ones, which are shaped by, and shape, social structures, discourses, worldviews, and power dynamics. Within this complex socio-ecological system, law is a central, yet interdependent component, interacting dynamically with institutions, norms, and behaviors to either consolidate unsustainable and inequitable pathways or catalyse transformative change for a more sustainable future. This master-level course analyses the role of social forces, with particular attention to law, in hindering or enabling the societal shift toward sustainability. The course aims both to develop a critical understanding of the socio-legal systems and to foster the knowledge and skills required for students’ intervention in pressing environmental challenges.

Prerequisites

No prerequisites are required.

Content

Block I: The approach
* Course outline and expectations (Moving from studying law as a rule to examining law as a site of struggle. What does it mean to study the social and legal aspects of the environment?)
* Multiplicity of environmental issues, nexus and polycrisis (What environmental issues exist in the world today? What connects these issues?)
* From ‘Environmental problems’ to ‘Transformations for sustainability’ (What are socio-ecological systems? Why is it important to consider issues in the framework of sustainability rather than environmental protection?)

Block II: Tools
* Governing Complexity (What features characterise our time? How do we need to govern in such times? Wicked problems, Risk, Precaution, Adaptive governance.)
* Environmental Law (What are the foundational principles, legal instruments, and justice concepts that constitute the core framework of modern environmental law?)
* Law and Society (What is/are the roles of law and policy? Is law a lever in transformation or a barrrier?)
* Power and Equity (How does law prioritise competing interests and what are the consequences of that prioritization? Is the law a neutral tool for solving environmental problems, or is it a weapon in political struggles; can it be both?)

Block III: Themes
* Environment and human rights
* Rights of nature
* Pollution
* Biodiversity and conservation of nature
* Climate change
* Conservation of cultural and natural heritage, indigenous lands and knowledge

Block IV: From understanding to acting
* Diagnosing a socio-legal system (Mapping stakeholders, laws, power dynamics, and barriers to change using all course tools.)
* Design an intervention in the area of interest/in a selected challenge

Intended learning outcomes

By the end of this course, the students will be able to:
* Understand key concepts in socio-legal and sustainability studies (e.g., law, policy, regulation, governance, socio-ecological systems, equity, participation, resilience, transformative change).
* Explain the interrelationships between legal instruments, social dynamics, and specific environmental issues.
* Apply interdisciplinary approaches to analyze the socio-legal dimensions of contemporary cases, conflicts, or policies.
* Propose a possible or coherent intervention strategy that addresses the socio-legal root causes of a sustainability challenge.

Assessment

50% regular engagement notes (short paragraph critically engaging with a key concept, argument, or tension from the week's readings) , 50% presentation at the end of the course (15-minute live presentation followed by Q&A, accompanied by a concise slide deck with 3-5 slides and a one-page summary)

Lecturer's references

Jerneja Penca is a Senior Research Fellow at the Science and Research Centre Koper and Head of its Mediterranean Institute for Environmental Studies. She researches aspects of governance of socio-ecological systems at global, regional (EU, Mediterranean) and national levels. Her research covers various regimes, including biodiversity, climate change, energy, fisheries and plastic pollution. She is strongly committed to the exchange between the scientific community and policy makers in order to inform policy decisions and shape research questions, including via the Intergovernmental Panel on Biodiversity and Ecosystem Services (IPBES), the MedECC and other science-policy interfaces. She holds a PhD in International Law from the European University Institute in Florence, a Master's degree in Environmental Law from the University of Nottingham, UK, and a BA in International Relations from the University of Ljubljana. Her bibliography is available at https://bib.cobiss.net/biblioweb/biblio/si/slv/cris/38797

Research areas: Environmental and Sustainability Governance; Transnational Environmental Law; Biodiversity Governance; Interdisciplinary Marine Sciences and Sustainable Blue Economy; Science-Policy Interface.