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78155 International Environmental Law: Policy and Implementation

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

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): 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 that may be considered include the precautionary principle, sustainable development, marine pollution, climate change, conservation of biological diversity, marine pollution, trade in hazardous substances, climate change, conservation and biological diversity, protection of world heritage. The impact of international environmental law on domestic legal systems is also considered, including questions of domestic incorporation of principles of international and civil law.

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 in this subject differs from the conventional lecture seminar style. 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. In addition the subject is exploratory and relies on students willingness to carefully think about the material being discussed and presented. During the subject material emphasis is placed on contemporary environmental issues and concerns.
More specifically the subject will utilize the following teaching strategies:

Strategy 1: interactive seminars based on students prior preparation of assigned readings
Strategy 2: discussion and small group work
Strategy 3: student presentations
Strategy 4: the opportunity for in-depth research on a topic of particular interest encouraging wide research and critical thinking.

Content (topics)

  • Origins and development of IEL
  • Sources and conceptual framework of IEL
  • Air and atmospheric pollution
  • Biological diversity
  • Trade and the environment
  • Protection of the oceans and seas
  • Ship-sourced pollution

Assessment

Assessment task 1: Attendance and participation in seminars

Weight: 20%

Assessment task 2: Class presentation

Weight: 20%

Assessment task 3: Research paper

Required texts

Philippe Sands and Jacqueline Peel, Principles of International Environmental Law, New York, Cambridge University Press, 3rd edition, 2012

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

Reports, Journals and General References

  • Australian Year Book Of International Law
  • Duke Journal Of Comparative And International Law
  • Duke Environmental Law And Policy Forum
  • George Washington journal of international law and economics
  • Macquarie Journal Of International And Comparative Environmental Law
  • Review of European Community & international environmental law

Websites