78107 Climate Law and Carbon Markets

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 2025 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR ((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) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (70106 Principles of Public International Law AND 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)
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): 78106 Climate Law and Carbon Markets

Description

This subject examines climate change: 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. This will involve a significant and rapid reduction in 'business as usual' behaviours and require unprecedented cooperation at the international level with 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, alongside the impacts of these on business and the response from industry. Students critically evaluate the incentives for firms to comply and over-comply with environmental laws and participate in voluntary programs, as well as the role of business in adaptation measures and climate justice issues. This subject is taught using intensive seminars to enable students to immerse themselves in this exciting field of legal research and provides students with an early overview of the law and issues in the field, followed by time for in-depth research. In class learning builds on individual preparation, with class discussions and student co-facilitation forming the basis of each seminar session. Students practice their oral communication skills in collaboration with their peers, then take responsibility for presenting a topic and leading a discussion exploring options and solutions as a group. In addition, a major research task provides students with practice and feedback on an in-depth exploration of a topic of interest, building their research skills in this dynamic field.

Subject learning objectives (SLOs)

1.	Analyse and reflect upon international climate law frameworks and emerging policy or legal issues involved in international climate law negotiations
2.	Critically and creatively analyse the nature and scope of market-based instruments available to deal with climate change and the implications of business incentives
3.	Evaluate the impacts of Australia’s response to climate change and the response from industry
4.	Conduct effective research by locating, evaluating and synthesising legal and other disciplinary sources and apply that research in order to investigate the operation of climate law and policy in a global context
5.	Present clear, critical and persuasive written and oral arguments that are substantiated by research and demonstrate the ability to critically evaluate contemporary issues in the development of climate law in a global context.

Teaching and learning strategies

Strategy 1: Students’ Preparation for Learning

Students’ preparation, review and reflection outside the classroom are central to the learning in this subject. To ensure that classes provide the most effective learning experience, students complete prescribed reading and attempt prescribed seminar questions before class. There is considerable reading required for this fast changing area and students need to ensure they allocate time to ‘make sense’ of the materials for each seminar and test their understanding by reflecting on and considering their responses to the questions for discussion in each seminar (see Canvas). Items such as recent cases, news reports, video clips and topical podcasts will also be posted to Canvas and also discussed in seminars. All learning resources including readings, seminar questions and other online sources are available on Canvas.

Strategy 2: Seminar participation and facilitation

In each seminar, students actively lead and contribute to class discussion. Seminar discussion is based on a series of prescribed questions for each Topic (via Canvas), which students reflect upon and answer before class. In class, each student participates by sharing their reflections on seminar topics, answering and asking questions, and responding to and debating with their peers’ views and interpretations either in small groups or in a wider class discussion Such participation allows students to test their understanding of the topics, build upon their prior learning and practise their oral communication skills. In addition, each student leads class discussion on one of the prescribed seminar questions and facilitates class discussion on that question (see Assessment task 1).

Strategy 3: Feedback

Students complete self-assessment evaluations of their class participation at the end of each block period of learning (days 3 and 5, see program) and receive formal feedback on the quality of their participation by the end of weeks 4 (before the census date) and 8 Students also have the opportunity to receive on-going feedback from the seminar leader and their peers on their understanding of the materials through regular class participation. Students’ preparation, responses to discussion questions, and participation in seminar discussions, form an important part of their learning and enable students to practise and test their capacity to apply relevant legal frameworks to resolve issues relating to climate change, and develop their communication and self-management skills.

Strategy 4: Independent research and reflection

Students choose a research essay topic (a selection is provided on Canvas) and engage with the research process to investigate climate change in a global context. Students develop and practise their research methodology skills in a workshop during the second period of block teaching which supports them to make logical, original, persuasive and complex arguments in response to their research question (Assessment task 3). The research assessment task is broken down into two components and the first component, the preparation and presentation of a plan for early feedback enables students to ensure that their research is on track and further develop and refine their arguments.

Subject Delivery

Block Mode. Please Note: Consistently and actively participating in 75% of seminars throughout the session is an essential requirement of this subject.

Content (topics)

Topic 1 - The international legal framework for climate change.

Topic 2 - Mechanisms under the Kyoto Protocol and the Paris Agreement

Topic 3 - Regional, national and state responses: A) Compliance markets eg EU ETS, RGGI, GGas, B) Voluntary markets eg gold standard.

Topic 4 - National Greenhouse Energy Reporting (NGER)

Topic 5 - Market Based Instruments – Carbon Taxes

Topic 6 - Market Based instruments - Emissions Trading & Carbon market development - Australia

Topic 7 - Australian Carbon Reduction Policy

Topic 8 - Risks and Opportunities associated with climate change

Topic 9 - Renewable Energy & Tax Incentives

Topic 10 - Protection of Forests and REDD

Topic 11 - Developing country perspectives & programs

Assessment

Assessment task 1: Seminar Participation

Intent:	This assessment task provides students with the opportunity to test their understanding of the principles, laws and global issues affecting climate change and carbon markets and practise their oral communication skills in a supportive class environment. Learning is both an individual and a social act and interactions with teachers and fellow students are an important source of learning.
Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: .1 and .1
Weight:	20%
Length:	2 x 500 words equivalent
Criteria:	Sustained participation across the session Quality of preparation demonstrating evidence of critical thinking in relation to the topics, issues and questions discussed in class Engagement in class and evidence of preparation as demonstrated by questions answered and posed, and the discussion generated in both small and larger group activities; Taking initiative in generating discussion, encouraging others to participate and raising pertinent questions, which contributes to a collaborative learning environment Reflective, responsive and respectful attitudes towards other perspectives Clarity of expression, use of appropriate language and responses formulated in clear and succinct terms.

Assessment task 2: Leading Class Discussion

Intent:	This task is designed to allow students to practise and develop their critical analysis and oral communication skills and encourages collaboration with peers in lively class discussion. This task also provides students with practice in developing research skills in preparation for the research essay assessment item.
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: .1 and .1
Weight:	20%
Length:	1000 words equivalent
Criteria:	Preparedness for leading class discussion on allocated question; Identification, Analysis and synthesis of the key issues Evaluation of issues, research, evidence and the implications of discussion and development of solutions or recommendations Clarity and coherence of argument Generation of class discussions, raising pertinent questions where appropriate, contribution to collaborative learning environment in class

Assessment task 3: Research Essay

Intent:	This task is designed to provide students with an opportunity to conduct an in-depth investigation of a contemporary issue in climate law and policy.
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: .1, .1 and .1
Weight:	60%
Length:	3500 words total
Criteria:	Identify research topic relevant to subject themes and objectives; Clearly articulate a research question, argument and research plan; Effective research strategy that identifies an appropriate range of legal and other disciplinary sources Understanding and integration of the theoretical underpinnings of climate law and policy Critical analysis and evaluation of the issues raised Articulation of a clear, concise and coherent argument which is logically structured and supported by evidence; Level of insight and innovative thought about implications of climate law and policy at a global level Effective essay structure that guides the reader through the arguments and the evidence Clear written expression with correct use of grammar, punctuation and spelling An appropriate bibliography and accurate and consistent referencing in accordance with AGLC and demonstration of judgment and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Minimum requirements

Consistently and actively participating in 75% of seminars throughout the session is an essential requirement of this subject.

Required texts

As identified in the Topic Reading Guide, and where indicated, the Reading List on Canvas but in addition:
Guglyuvatyy, Evgeny (2022) ‘Climate Change, Forests and Federalism: Australian experience’ Springer Nature (Singapore).

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