78106 Climate Law and Carbon Markets

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UTS: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78107 Climate Law and Carbon Markets

Description

This subject examines climate change, which is one of the most pressing environmental problems of our era. It is a major business issue that is affecting law, policy and corporate behaviour. The Intergovernmental Panel on Climate Change (IPCC) has said that to avoid irreversible harm to the planet, we must stabilise greenhouse gas emissions, and this will involve a significant and rapid reduction in 'business as usual'. It will involve unprecedented cooperation at the international level as well as innovative national responses. This subject examines the potential role of the international and policy communities as well as the legal and business communities in confronting climate law. It analyses the existing and emerging legal rules and frameworks, both internationally and in Australia, the impacts of these on business and the response from industry. It critically evaluates the incentives for firms to comply and over-comply with environmental laws and participate in voluntary programs, and examines the role of business in adaptation measures and climate justice issues.

Subject learning objectives (SLOs)

1.	understand the international climate law framework and critically evaluate the emerging policy and legal issues involved in international climate law negotiations;
2.	describe, evaluate and be able to critically and creatively analyse the nature and scope of the use of market-based instruments available to deal with the climate change;
3.	identify the impacts of Australia???s response to climate change and the response from industry;
4.	critically evaluate the incentives for firms to comply and over-comply with environmental laws and participate in voluntary programs;
5.	demonstrate legal research skills and independent thought.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

• Legal Knowledge
  An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
• Critical Analysis and Evaluation
  A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
• Research Skills
  Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
• Communication and Collaboration
  Effective and appropriate professional 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)

Teaching and learning strategies

Strategy 1 - The provision of lecture to explain the content and outline the concepts involved in climate and carbon market laws.
Strategy 2 - The use of presentation, class discussion and evaluation to refine and develop the requisite legal knowledge and understanding, and to develop teamwork skills and critical thinking.
Strategy 3 - Web based learning.
Strategy 4 - Teacher support for independent research and reading.
Strategy 5 - Writing research essay to develop research skill and further the understanding of specific climate law and carbon market issues

Content (topics)

Topic 1 - The international legal framework for climate change.
Topic 2 - Mechanisms under the Kyoto Protocol and the Marrakesh Accord
Topic 3 - Regional, national and state responses: A) Compliance markets eg EU ETS, RGGI, GGas, B) Voluntary markets eg gold standard.
Topic 4 - Energy efficiency and reporting eg NGER
Topic 5 - Market Based Instruments – Carbon Taxes
Topic 6 - Market Based instruments - Emissions Trading & Carbon market development - Australia
Topic 7 - Clean Energy Future and Pricing Carbon
Topic 8 - Commercial implications of these responses
Topic 9 - Renewable Energy & Tax Incentives
Topic 10 - Adaptation issues arising for local government
Topic 11 - Developing country perspectives & programs – e.g. China

Assessment

Assessment task 1: Class Participation

Objective(s):	This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	10%
Length:	Equivalent to 500 words
Criteria:	Preparation. Knowledge and understanding of subject matter. Ability to develop ideas and think critically. Problem-solving skills. Contribution to group learning. Oral communication skills.

Assessment task 2: Research Essay

Objective(s):	This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0 and 5.0
Weight:	70%
Length:	5000 words.
Criteria:	level of insight and innovative thought depth of analysis and level of critical examination of the issues raised clarity of expression logical planning and sequence evidence of comprehensive research and consideration of the relevant literature demonstrated understanding of the manner in which climate law and policy operates at a global level, with a particular emphasis upon the impact of carbon pricing and carbon markets on economic development, trade and human rights demonstrated understanding of the theoretical underpinnings of climate law and policy demonstrated understanding of relevant legal material eg: legislation, case law, and the operation of international conventions and agreements correct application of relevant material overall presentation, including correct grammar, spelling and punctuation use of resources in formulating the paper including proper acknowledgment and correct referencing

Assessment task 3: Leading Class Discussion

Objective(s):	This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0 and 5.0
Weight:	20%
Length:	1000 words

Required texts

As identified in the Topic Reading Guide.

Recommended texts

CCH Global Climate Change Law Guide

The CDM rule book www.cdmrulebook.org

The Joint Implementation rule book www.jirulebook.org

Freestone and Streck (Ed), Legal Aspects of Carbon Trading, Oxford University Press 2009

Tim Bonyhady and Peter Christoff, eds, Climate Law in Australia, The Federation Press, 2007