University of Technology Sydney

77794 International Environmental Law

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 2024 is available in the Archives.

UTS: Law
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 76110c Introduction to Public International Law)) OR 70616 Australian Constitutional Law OR (70106c Principles of Public International Law AND 70107c Principles of Company Law AND (94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice)) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International 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 AND 79035 Sustainability and the Law

Description

This subject introduces students to principles of international law relating to conservation and management of the environment. The learning materials focus on key principles which underpin the

practice of international environmental law, such as the precautionary principle and sustainable development. These principles weave throughout the subject and students evaluate their effectiveness, as well as the effectiveness of international law as a governance mechanism for protecting the environment. Students undertake this evaluation in the context of major international instruments, including instruments that deal with air and atmospheric pollution, protection of the ocean and seas, marine pollution, climate change, the polar regions, the impact of war and human rights, and Indigenous perspectives.

Successful completion of the subject provides students with a foundation of knowledge of international environmental law from which they can successfully undertake more specialised subjects that deal with international environmental law, including climate change law and practice, carbon markets, the marine environment and international trade law and the environment. The subject takes a

practice-oriented approach to student learning by focusing discussion on problem questions that deal with real environmental issues on which legal professionals provide advice in professional practice.

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.
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. Identify, evaluate and apply established theories to hypothetical and real-world situations and reconcile environmental, economic and human interests, including Indigenous issues, in the context of the discourse on international environmental law
4. Conduct effective legal research by identifying and evaluating primary and secondary legal materials and interdisciplinary scholarship in order to investigate the effectiveness of environmental regulation in an international context
5. Critically reflect on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes
6. Analyse and monitor their own performance and implement strategies for developing their self-management, particularly time-management

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including:
    a. An ability to undertake and initiate self-directed work and learning;
    b. Well-developed judgment and responsibility as a legal professional in a broader social context;
    c. The ability to support personal and professional development by:
    (i). Reflecting on and assessing their own capabilities, wellbeing and performance;
    (ii). Making use of feedback as appropriate;
    (iii). Identifying and accessing appropriate resources and assistance; and
    (iv). Making use of resources and support in developing resilience; and
    d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)

Contribution to the development of graduate attributes

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

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 utilise the following teaching strategies:

Strategy 1: Preparation for On-Campus Learning

To prepare for the interactive seminars it is essential that students complete the weekly readings and watch the assigned video clips. The readings will largely be set from the prescribed text book, and all other learning materials, such as journal articles, book chapters, video clips, podcasts, hypotheticals and problem questions can be accessed from Canvas. The questions and hypothetical scenarios are used to stimulate class discussions (including collaborative work) and raise awareness and engagement with respect to the effectiveness of international environmental law. Sound preparation is vital to facilitating students being able to work collaboratively in class; it also enables students to build their understanding and monitor their progress through continuous feedback provided to them and their peers during class discussions. Being able to participate actively in informed and meaningful discussion hones individual understanding though collaborative development of analytical skills.

Strategy 2: Collaborative Learning

Students work collaboratively in the same group (assigned by the subject coordinator) throughout the subject. This strategy encourages social cohesion of the groups. The collaborative process takes place in stages over the course of the seminars. Students are assigned into groups and work together on an ice-breaker, leading to engagement with hypotheticals, problem solving and presentations within their groups. Students draw on their developing knowledge and understanding of frameworks, law and policy to consider hypothetical scenarios and give presentations on topics and issues that are typical of those that lawyers and policy-makers will encounter in the practice of international environmental law.

Strategy 3: Developing Research and Management Skills

Research and management skills are essential for every lawyer. The learning materials for this subject cover a range of law, policy and theory relevant to international environmental law and policy. The material on sustainable development weaves throughout the subject and, together with other learning materials available from Canvas, provides tools and opportunities for students to practise their research skills by researching and preparing for their class presentation and researching and writing the essay. In addition, the research essay is scaffolded (see Assessment Tasks 2 and 3) to provide students with further practice in research as well as assisting in the development of skills such as time-management skills, self-directed learning and appropriate use of feedback.

Strategy 4: Seminar Learning Activities

The seminars include a range of practical learning opportunities comprising discussions, debates and practice problems that involve explaining and applying complex treaties, soft law and policy approaches. Students have the opportunity to apply their analytical and doctrinal skills to practice-oriented scenarios, typical of the practice of international environmental law.

Strategy 5: Ongoing Feedback

Opportunities are provided for formal and informal feedback throughout this subject, starting from the first seminar. Students receive informal feedback on their oral skills, knowledge of the law and quality of analysis of legal issues. This includes informal peer feedback on presentations as well as self-assessment by students on their class participation. Detailed criteria for the feedback and self-assessment are available from Canvas. Students are given the opportunity to obtain feedback from their teacher on their class participation halfway through the teaching session. In addition, formal feedback is provided on the annotated abstract for the research essay (Assessment Task 2), which is due several weeks before the research essay itself (Assessment Task 3). This includes feedback on students’ ability to critique, articulate ideas and synthesise research material. Providing early feedback allows students to use that feedback to improve the quality of their research essay. Finally, formal written feedback is provided via Canvas for the research essay.

Subject Delivery

The subject will be delivered in a three-hour seminar each week of the teaching session. The seminar includes blended learning components and students are expected to prepare for seminars as well as attend and participate in the seminar sessions unless prevented by extenuating circumstances.

Content (topics)

  • International law-making and regulation
  • Environmental governance at the international level
  • Essential principles of environmental law including precautionary principle, sustainable development, conservation of biological diversity
  • 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, Indigenous issues
  • Selected topics to be chosen 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 Polar Regions, Wildlife Law, Human Rights and Armed Conflict, Indigenous Issues
  • Implementation of International Environmental Law.

Assessment

Assessment task 1: Collaboration and Class Participation

Intent:

Students demonstrate their application of essential knowledge and skills whilst collaborating with colleagues in circumstances that closely relate to professional practice, including “thinking on one’s feet"
Objective(s):

This task addresses the following subject learning objectives:

1, 3, 5 and 6

This task contributes specifically to the development of the following graduate attributes:

LAW.5.1, LAW.6.1 and LAW.8.1

Weight: 30%
Length:

Total word equivalent is 1500 words. This represents the total time commitment involved, including preparatory work and peer review in class.

Please see marking guides and "General Comments" available from CANVAS for more detailed information on how this assessment is marked.
Criteria:

Criteria for Part A:

  • Students have acquired an integrated understanding of international environmental law in complex and varied legal contexts.
  • Students are able to identify, evaluate and apply established theories to hypothetical and real-world situations and reconcile environmental, economic and human interests, including Indigenous issues, in the context of the discourse on international environmental law
  • Critically reflect on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes

Criteria for Part B:

  • Students have acquired an integrated understanding of international environmental law in complex and varied legal contexts.
  • Critically reflect on personal communication and collaboration skills and apply strategies to facilitate teamwork, synthesise discussions and improve group and class outcomes
  • Analyse and monitor their own performance and implement strategies for developing their self-management, particularly time-management

Assessment task 2: Annotated Abstract for the Research Essay

Intent:

This task scaffolds the research essay, promoting effective research skills and self-management. It is intended to assess analytical and research skills and forms the basis of the framework for the research essay. It also provides students with formative feedback they can incorporate into their essay.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 6

This task contributes specifically to the development of the following graduate attributes:

LAW.4.1, LAW.5.1, LAW.6.1 and LAW.8.1

Weight: 20%
Length:

1000 words
Criteria:
  • Students have acquired an integrated understanding of international environmental law in complex and varied legal contexts
  • Students are able to identify, evaluate and apply established theories to hypothetical and real-world situations and reconcile environmental, economic and human interests, including Indigenous issues, in the context of the discourse on international environmental law
  • Students are able to identify and evaluate relevant sources.

Assessment task 3: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 6

This task contributes specifically to the development of the following graduate attributes:

LAW.4.1, LAW.5.1, LAW.6.1 and LAW.8.1

Weight: 50%
Length:

2500 words

Required texts

Philippe Sands, Jacqueline Peel, Adriana Fabra and Ruth MacKenzie, Principles of International Environmental Law, New York, Cambridge University Press, 4th edition, 2018 This text is available through closed reserve in the UTS library.

Weekly readings from this text is set out in the program above. Extra readings (where mentioned above) will be available from the e-readings page for this subject and are accessible through the UTS Library web page.

Recommended texts

  • Shawkat Alam, Sumudu Atapattu, Carmen Gonzalez and Jna Rzaaeque (eds), International Environmental Law and the Global South, Cambridge University Press (2015)

  • Patricia Birnie and Alan Boyle, Catherine Redgwell, International Law and the Environment, New York, Oxford University Press, 2009

  • 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, 2008

  • Elli Louka, International Environmental Law: Fairness, Effectiveness, and World Order, New York, Cambridge University Press, 2006.

Other resources

Websites