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Lecturer(s)
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Tomoszková Veronika, JUDr. Ph.D.
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Melotíková Petra, Mgr. Ph.D.
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Papoušková Zdenka, JUDr. Ph.D.
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Filipec Ondřej, Mgr. et Mgr. Ph.D.
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Vítová Blanka, doc. JUDr. LL.M. Ph.D.
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Course content
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1. Introduction to legal regulation in the context of sustainability 2. Basic principles of legal regulation of social relations 3. Types of regulatory instruments and their significance 4. Mandatory regulation and standards in sustainability 5. Economic instruments I 6. Economic instruments II 7. Soft law and voluntary instruments in sustainability 8. Regulatory mechanisms in Czech law for sustainability 9. Regulatory mechanisms in EU law 10. International law and sustainability 11. Effectiveness of instruments and evaluation of regulatory approaches 12. Practical workshop
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training), Dialogic Lecture (Discussion, Dialog, Brainstorming), Work with Text (with Book, Textbook), Group work
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Learning outcomes
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The aim of the course is to familiarize students with the principles of how law functions as a tool for regulating social relations in the field of sustainability. Students will understand the basic mechanisms of legal regulation and various types of regulatory instruments - from traditional hard law to economic instruments and soft law. Emphasis is placed on understanding how legal regulations and other instruments influence the behavior of entities in society towards sustainable development, and what significance individual types of instruments (e.g., taxes, subsidies, tradable permits, or non-binding recommendations) have for achieving environmental and other sustainable goals. The course combines theoretical knowledge with practical examples from Czech, European, and international law so that students can apply the knowledge they have acquired to solve specific sustainability problems.
1. Explain the basic principles of legal regulation of social relations and describe how law contributes to the promotion of sustainability (including examples of legal principles enshrined in Czech and international law). 2. Identify and characterize different types of regulatory instruments?hard law, economic instruments (taxes, fees, subsidies, emission allowances), and soft law?and explain their role in managing human activities from the perspective of sustainable development. 3. Give specific examples of the use of these instruments in practice at the level of the Czech Republic, the European Union, and the international community. Students will be able to describe, for example, the introduction of environmental taxes in the Czech Republic, the functioning of the emissions trading system in the EU, or the emergence of international environmental conventions and their relationship to non-binding declarations. 4. Evaluate the effectiveness and suitability of individual tools for different situations. Students will be able to analyze whether direct regulation (e.g., prohibition, mandate) or indirect economic incentives, or a combination of both, is more appropriate in a given case and justify their conclusion (taking into account criteria such as effectiveness, cost, administrative burden, or political enforceability). 5. Propose the basic outlines of a regulatory measure in the area of sustainability and describe the procedure for its implementation. Students will acquire the practical skill of formulating a proposal for a simple legal regulation or program (e.g., a proposal for a new emissions fee, a proposal for a decree on the restriction of single-use plastics, etc.) and consider the legal aspects of implementation and enforceability. 6. Be familiar with the literature and sources on the topic of law and sustainability. Students will be familiar with key legislation in the Czech Republic and the EU in this area and will be able to find further information in specialist literature (textbooks, commentaries, scientific articles) and in the documents of international organizations.
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Prerequisites
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The completion of this course is not conditioned upon completion of any other courses
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Assessment methods and criteria
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Student performance, Seminar Work, Written exam
The course assessment is combined, including both continuous work during the semester and a final exam: ? Active participation and ongoing preparation/tests (30%) ? students are expected to attend seminars regularly, actively participate in discussions, and complete smaller assignments (e.g., short analyses of court decisions or research on a given topic) throughout the semester. ? Semester project ? proposal for regulatory intervention (40%) ? the quality of the proposed sustainability measures and their presentation are assessed. Emphasis is placed on factual accuracy (justification of the need for regulation, type of instrument chosen), legal precision (formulation of the proposal in accordance with legal requirements), and creativity of the solution. The assessment also includes a performance in a simulation of the legislative process ? the ability to argue and respond to opponents. ? Final written exam (30%) ? tests knowledge of key concepts, principles, and examples covered in the course. The exam contains a combination of question types: open-ended questions (requiring a short essay or list ? e.g., describe the differences between hard law and soft law in sustainability, give 3 examples of economic instruments and their legal regulation), case studies (where students propose solutions to model situations), and test items to verify factual knowledge (e.g., which legal document introduced the EU ETS, what a certain article of the law stipulates, etc.).
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Recommended literature
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Baldwin, R., Cave, M., & Lodge, M. (2012). Understanding regulation: Theory, strategy, and practice (2nd ed.). Oxford.
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Damohorský, M., et al. (2010). Právo životního prostředí (3. vyd.). Praha.
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Jančářová, I., et al. (2019). Právo životního prostředí pro bakaláře. Brno.
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Sands, P., & Peel, J. (2018). Principles of international environmental law (4th ed.).. Cambridge.
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Večeřa, M. (2011). Sociologie práva (2. vyd.).. Brno.
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