77794 International Environmental Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)) OR 70616 Australian Constitutional Law )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78155 International Environmental Law: Policy and Implementation AND 78156 International Environmental Law: Policy and Implementation
Description
This subject introduces students to international law relating to conservation and management of the environment. Particular areas considered include the essential relevant principles and instruments of international law, environmental principles such as precautionary principle, sustainable development, conservation of biological diversity and external concerns ranging from diversity, gender and cultural values and economic imperatives fostered by concerns such as free trade and the rights of developing nations, all specifically in the context of international environmental law.
Particular areas considered generally derive from international treaties or major environmental concerns including air and atmospheric pollution, protection of the ocean and seas, marine pollution, climate change, the Antarctic, invasive species and the trade in endangered species, and the impact of war and human rights.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Acquire an integrated understanding of international environmental law in complex and varied legal contexts. |
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| 2. | Analyse, and synthesise information, about the drivers of environmental degradation at an international level, and reflect upon the continuing struggle of competing interests that need to be reconciled |
| 3. | Critically reflect on the evolution of international environmental law, the key problems and why they are important. |
| 4. | Identify, evaluate and apply established theories to hypothetical and real-world situations and reconcile environmental, economic and human interests in the context of the discourse on international environmental law |
| 5. | Critically reflect on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes:
- Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0) - Communication and Collaboration
Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)
Teaching and learning strategies
This subject aims to encourage students to think critically and analytically and develop a deep understanding of the issues and concerns that are dealt with. The approach to teaching and learning moves away from conventional lecture seminar style and adopts instead many ‘flipped learning’ strategies. Students will need to show initiative and commitment to independent study and research to gain the most benefit from this subject. The subject will be taught in an interactive seminar style mode supplemented by sound preparation and engagement with collaborative learning. In addition the subject is exploratory and relies on students’ willingness to carefully think about the material being discussed and presented. There is strong emphasis placed on contemporary environmental issues and concerns.
The subject will utilises the following teaching strategies:
Strategy 1: Preparation for Learning
UTS Online is where students access learning materials, such as journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions. The seminars are interactive, and it is essential that students complete the readings, watch assigned video clips and engage with questions designed to stimulate class discussion. The learning activities in the seminars will be based on these materials and include collaborative discussion, problem solving and role-plays. Students need to timetable sufficient time for the amount of reading required, as understanding the required reading is essential for succeeding in this subject.
Strategy 2: Collaborative group work and role-play exercise.
Students will work collaboratively in assigned groups. The collaborative process will be scaffolded in stages over the course of the seminars. The scaffolding process starts with the formation of the groups, the groups working on an ice-breaker, leading to students working on hypotheticals, role-plays and problem solving in their assigned groups, culminating in the presentation of a complex problem. This strategy is designed to encourage social cohesion of the groups. Students are assigned to a group and must stay in their assigned group throughout the subject.
Strategy 3: Case Studies
Students are expected to engage with four case studies independently during this subject. These case studies form the basis of the group work assessment. Students will analyse, reflect on and synthesise information, knowledge and concepts relating to selected case studies that provide insights into the complexity of environmental law. The case studies help students to understand, many of the key aspects of the institutional issues relevant to international environmental law as well as the external pressures such as diversity, cultural and gender values and economic imperatives fostered by concerns such as free trade and the rights of developing nations and environmental justice.
Strategy 4: Developing research skills
Research skills are essential for every lawyer and in this subject and area of law it is a key requirement for change. Material and discussions about the essential environmental principles and instruments of international law together with the case studies that weave throughout the course provide tools and opportunities to practice and deploy students research and communication skills to advocate for change in this field.
Strategy 5: Ongoing Feedback
There will be opportunities to receive immediate feedback, during the seminar sessions, particularly responding to students’ understanding of the principles of international environmental law and how these relate to “real world” situations. Summative feedback will also be provided in respect to written and oral assessments.
Subject Delivery
Block Learning
The subject comprises seminars held over four Saturdays, together with self-directed learning undertaken by students.
Seminars
This subject comprises four Saturday sessions involving 16 hours of face to face learning, together with online self-directed study and collaboration both during the seminars but also outside of the formal seminar environment.
Self-Directed Learning
Students will prepare before each seminar session by completing readings, watching video clips, listening to podcasts and engaging with questions to stimulate class discussion. Students are also expected to engage with the case studies that form the basis of the group work assessment.
Content (topics)
- Essential principles of environmental law including precautionary principle, sustainable development, conservation of biological diversity.
- Essential sources and conceptual framework of international environmental law.
- Significant influences on international environmental law ranging from diversity, cultural and gender values and economic imperatives fostered by concerns such as free trade, the rights of developing nations and environmental justice.
- Selected case studies from a range of topics to be selected each semester including but not limited to Climate Change, Trade and the Environment, Protection of the Oceans and Seas, Ship Sourced Pollution, Trade in Endangered Species, Biodiversity Conservation Invasive Species, the Antarctic, Human Rights and Armed Conflict.
Assessment
Assessment task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 4.0, 5.0 and 6.0 |
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| Weight: | 20% |
Assessment task 2: Group Presentation and Facilitation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 4.0, 5.0 and 6.0 |
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| Weight: | 30% |
| Length: | 1700 words (includes notional word count for presentation) |
Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 4.0, 5.0 and 6.0 |
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| Weight: | 50% |
| Length: | 3000 words |
Required texts
Philippe Sands and Jacqueline Peel, Principles of International Environmental Law, New York, Cambridge University Press, 3rd edition, 2012
This text is available online through the UTS library
Some selections from this text are availble on UTSOnline.
Recommended texts
- Patricia Birnie and Alan Boyle, International Law and the Environment, New York, Oxford University Press,2002
- Jutta Brunnee, Daniel Bodansky, Ellen Hey (eds) The Oxford Handbook of International Environmental Law, Oxford University Press, 2007
- David Campbell and Robert Lee (eds) Environmental Law and Economics, Aldershot-Ashgate 2007
- Anupam Goayl, The WTO and International Environmental law: towards conciliation, New Delhi, Oxford University Press, 2006
- David Hunter et al (Salzman & Zaelke), International Environmental Law and Policy, New York, Foundation Press, 2007
- Lavanya Rajamani, Differential Treatment in International Environmental Law, New York, Oxford University Press, 2006
- Elli Louka, International Environmental Law: Fairness, Effectiveness, and World Order, New York, Cambridge University Press, 2006
Other resources
Websites
- Australian Treaty Series (through Austlii) http://www.worldlii.org/catalog/2355.html
- Convention on Biological Diversity http://www.cbd.int/
- Ecolex www.ecolex.org
- Garnaut Climate Change Review http://www.garnautreview.org.au/
- Kyoto Protocol (web site) http://unfccc.int/kyoto_protocol/items/2830.php
- Montreal Protocol (web site) http://ozone.unep.org/
- World Summit on Sustainable Development www.un.org/events/wssd/
- www.environment.gov.au/commitments/wssd/index.html (Australia s contribution)
