Ateneo - UPO

The course aims to explore the relationship between persons and ecosystems through a
renovated conception of the law of property to emphasize the relevance of the interrelationship between human beings and nonhuman nature, and provide theoretical and provide operational elements of law useful for confronting current climate and social challenges.

Simultaneously, seminar activities will take place on various topics related to the course. Attending students are required to participate actively in accordance with the schedule and instructions that will be posted on DIR’s site

R. Míguez Núñez, Beni a valore non prettamente economico: rilievi privatistici per un diritto “relazionale”, in Rassegna di diritto civile, 2, 2023

A list of references and other course material for attending students will be provided in the first lesson.

The primary objective of the course is to provide a renewed conceptual framework regarding the "goods of nature" with special attention to the most recent and significant orientations in doctrine and jurisprudence. The study of individual cases related to specific categories of natural goods is intended to highlight the ways in which private law captures the continuum between persons and natural resources. The use of interdisciplinary methodological tools will be stimulated so as to endow students with nontraditional tools for understanding socio-legal phenomena concerning the human and non-human nature relationship.

The seminar activity prepares students for research and critical study of substantive law issues applied to ecologically sensitive goods.

Global commons and commons concerns
or
Private environmental law

The course is organized around weekly reading assignments, and class discussions rather than lectures. Attendance is recommended.

The teaching method consists of lessons devoted to explaining the main concepts of the program. During the lessons, we will proceed in classroom discussions on issues and topics identified by the students. The subjects will be dealt from a theoretical point of view with references to the rules of interpretation expressed by the courts in applying the law, as well as the comparative experiences in ecological, economic and anthropological perspectives.

The seminar activity will consist in the discussion of fictitious cases or research work related to the program by students organized in small groups.

Active participation in lectures and group assignments are considered an essential factor in assessing the students’ learning degree.

Students are invited to visit the course's Dir page for further information about the supplementary material and the detailed program. Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Consistent with the training objectives and expected learning outcomes as well as with the teaching methods adopted, an oral final test with expression of a grade in thirtieths is scheduled for the verification of learning at the conclusion of the lecture cycle. Intermediate (in itinere) verifications may also be provided, optional and reserved only for attending students.

During the lessons, the teacher reserves the right to carry out one or more intermediate tests (theoretical or practical tests based on case law) for attending students.

- Notion of "nature" and the relationship between "law" and "nature" (also in relation to the concepts of environment, ecosystems, and biodiversity)
- Notion of "thing in law", "non-strictly economic value of things," and "good of nature"
- Deepening of the notion of "right to interrelatedness"

The seminar work concerns the practical application of theoretical notions based on the analysis of individual goods
of nature (soil, water, animals, plants) with specific reference to situations of responsible management of natural resources.

- Deepen the domain of proper language on issues of the ecology of law;
- Understand the relevance of the notion of nature's goods in the framework of goods with non-strictly economic value;
- Knowledge of interdisciplinary methodology in the legal field;
- Communicating information, ideas, problems and solutions on environmental private law questions to specialist and non-specialist interlocutors;
- Development of the ability to collect and interpret data (normally in one's field of study) deemed useful for determining independent judgments, including reflection on related eco-social, scientific or environmental ethical issues