Interface of Cultural Rights and Climate Change Law

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This is a unique opportunity to look at the potential development of climate change litigation in the context of cultural rights. Culture exists all around us and is part of who we all are. If you're interested in understanding how climate change affects culture, and how litigation could be effective in protecting one's cultural life, come and explore more through this course. You’ll also develop practical legal skills along the way!

Course description

This course provides general insights on the intersection of protecting the right to participate in cultural life and climate change litigation.

It is no surprise that climate change and its devastating impacts can leave marks on communities and affect cultural practices and more importantly people's way of life. Cultural Rights are recognised in International Law and there are various international and domestic mechanisms that have sought to develop the right to participate in cultural life over the years. The recognition of the interconnection between the environment and cultural life is one which is demonstrated clearly through litigation relating to Indigenous Peoples rights.

In light of the already devastating effects of extreme weather changes and both the foreseeable and unforeseen impacts on the environment caused by climate change, the continued protection of cultural life warrants attention.

Climate change litigation is increasing in response to inadequate government policies and actions by various industries. It's likely that such cases will continue to increase. This course intends to investigate how the right to participate in cultural life intersects with climate litigation both on an international and national level.

Course topics

- Why is the right to participate in cultural life essential to the discourse on climate change litigation?

- How is the right to participate in cultural life encompassed in climate change litigation?

- What areas of climate change litigation could potentially/effectively address the right to participate in cultural life?

- Will the right to participate in cultural life be more relevant in litigation on adaptation or (potentially) loss and damage, and how?

- Is the right to participate in cultural life relevant to mitigation? If so, how does it appear in current litigation both domestically and internationally?

Continue reading below for class structure and more.

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Course level

Master

Contact hours

Language

English

Tuition fee

€765 - €1360

Forms of tuition

This course will be delivered through lectures, seminars, and group work sessions. Alongside this, students will need to choose after the third day whether they would like to engage in the Negotiation stream or the Oral Advocacy stream. In either stream students will be placed in groups of 4 and be given a problem question which they will work on during the group work sessions.
In the Negotiation stream students will either represent a country, NGO, community, or business. Each group must research, discuss, and assess cultural policies that should be considered in international climate change law-making frameworks. Each group will submit one document of 2,000 words (maximum) detailing policies and their analysis two days before the assessment day. On the assessment day, a COP (conference of parties)-style negotiation session will be simulated, during which each student will negotiate based on the group document submitted prior. The outcome of the session is to have one document outlining policies. Each group should attempt to have included in the session document the most favourable policy to their group. Students will only be assessed on their group submission and negotiation skills. They will not be assessed on the document produced during the negotiation session.
In the Oral Advocacy stream students will represent a client. Each group will undertake legal research and develop legal arguments to support their client's position. Each group will send one document of 2,000 words (maximum) detailing their legal arguments and analysis two days before the assessment day. On the assessment day, each student will argue their clients' position based on the document which was submitted prior. Students will be assessed on the group submission and their oral advocacy skills.
Forms of assessment
- Class participation in seminars will be assessed – i.e. how students have engaged with the working material and their willingness to respond to questions. The weighting is 5% of the final grade.
- Class attendance will also be assessed. Students can miss no more than 2 classes. The weighting is 2% of the final grade.
- There will be 2 quizzes to test generally the knowledge learned. These will not contribute towards the final grade.
- The written group work will be assessed. Students must clearly indicate which part they have written in the document. Each student will be given a grade. This will contribute 40% towards the final grade. Students are graded according to knowledge/use of facts (10%), legal analysis (10%), structure/ recognition of issues (5%), research (10%), overall presentation and citation (5%).
- The written group work will also be given an overall grade for the consistency and flow of the written language of the overall document. This will contribute 3% towards the final grade.
- The oral advocacy and negotiation will be assessed. Each student will be given a grade. This will contribute 50% to the final grade. Students will be graded according to fluency (5%), legal analysis (10%), originality (5%), language (5%), knowledge (10%), organisation of presentation/structure (5%), persuasiveness (5%), responsiveness to questions from opposition/moderator (5%).
Learning objectives

By the end of this course, students will be able to:
- Describe generally the right to participate in cultural life.
- Identify 1 or 2 international mechanisms which protect the right to participate in cultural life.
- Understand how the right to participate in cultural life has developed concerning the protection of the environment.
- Explain what is climate change litigation.
- Recognise climate change cases in domestic jurisdictions.
- Distinguish between cases of loss and damage, adaptation, and mitigation.
- Summarise how the right to participate in cultural life interacts with climate change litigation.
About the course coordinator

Vivian is a lecturer of tort law at the private law faculty at Vrije Universiteit Amsterdam. She has a strong interest in climate change litigation and cultural life. She has accumulated international experiences through her role as Managing Editor of the Cross-cultural Human Rights Review, and her participation in several international human rights forums and seminars. She previously worked as a Junior Lecturer of Public International Law at Utrecht University and as a Junior Researcher on the Sustainable Oceans Governance project.
She was a Phil Michaels Legal Scholar with Friends of the Earth UK, where she worked on some of the most profile climate change cases in the UK.
She was called to the Bar (at law) in the UK in 2022.