Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Paul Govind
Contact via paul.govind@mq.edu.au
Tutor
Mostafa Naser
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
Admission to MEnvLaw or PGCertEnvLaw or PGDipEnvLaw or MIntEnvLaw or PGCertIntEnvLaw or PGDipIntEnvLaw or MIntTrdeComLaw or PGCertIntTrdeComLaw or PGDipIntTrdeComLaw or MIntRel or MIntRelMIntTrdeComLaw or LLM in (Environmental Law or International Environmental Law) or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW units at 800 level)
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
This unit will be co-taught with LAW 575 - the undegraduate version of this subject.
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Unit description |
Unit description
This unit examines the different legal traditions in the world today and the role of comparative legal study in the context of environmental legal governance. Domestic environmental law in civil law and common law traditions will be explored as well as other legal traditions involving customary law and religious law. Environmental law in Asia, the European Union and the Pacific Region will be a particular focus, but the unit will also draw upon examples from Africa, North America and Latin America. The unit will cover culturally specific approaches to implementation of international environmental law in the domestic arena.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Name | Weighting | Due |
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Class Participation | 20% | Cotinuous |
Fundamental concepts test | 10% | 22 August 2014 |
Comparative Essay | 30% | 19 September 2014 |
Research Essay II | 40% | 14 November 2014 |
Due: Cotinuous
Weighting: 20%
Students should ensure they have completed the required reading before each seminar, and be prepared to discuss this material critically in the seminar. Students will not be awarded participation marks just for attending class. Participation will be graded on the basis of students’ participation evidencing their understanding of comparative perspective of environmental legal governance in different legal traditions and regions. Students’ ability to analyse the effectiveness of different environmental legal systems using comparative law method will also be taken into account.
Class Participation marks for external students will be assessed during the course of the On Campus Session.
Due: 22 August 2014
Weighting: 10%
This task that aims to assist the student’s understanding of the comparative methodology and its relevance in legal analysis.
This is a written task that requires students to complete a collection of short answer questions.
It is to be submitted via Turnitin.
Due: 19 September 2014
Weighting: 30%
Students must submit a paper that compares the legal and policy approach to a particular environmental problem in Australia and one other country. The length is 2,000 words in total
Legal and policy approaches include inter alia relevant legislation; role of institutions; enforcement and compliance; contribution to a global environmental challenge.
Students are to select the international treaty regime but can request guidance from the Convenor.
Included as part of their response the student must justify the selection of the different nations that are the focus of the essay; explain the basis for comparison; illustrate how and why the comparison is useful in terms of better understanding the prospects and limitations of different domestic environmental regimes.
These factors are critical – an essay that lacks a useful basis for comparison will be poorly received.
Due: 14 November 2014
Weighting: 40%
The essay must take a comparative approach and must submit a compelling argument on the topic – a submission that merely describes an environmental issue does not constitute an essay.
The task will also assess research, analytical and other generic skills in accordance with the learning outcomes.
Word limit is 3,000 words.
This course deals with Comparative Environmental Law. As such the course is dedicated to environmental law content taught through using comparative methdology. The objective is to understand the scope and evolution of national and international environmental law through the patterns of legislative, administrative and judicial decision making.
Some changes have been made to the course. There will be an upfront focus on comparative methodology that students will then be expected to carry through the course. These changes are reflected in the assessment tasks. The modules are ordered in a more systematic way than in the past focusing upon theory and concepts and followed by a collection of case studies. The selection of content for the modules reflects a more thematic approach that ensures more consistent coverage of key environmental issues.
This course will be taught through weekly seminars. The seminars will consist of a brief lecture followed by intensive discussion of the readings of the relevant module.
The consistent use of and reference to iLearn is absolutely essential. Students need to follow the course by completing the readings and exercises listed in the weekly reading list and seminar questions/discussion points [both of these are to supplied as separate documents via the iLearn page]. The materials will be uploaded onto the library e-reserve - please note there is not prescribed textbook for this subject.
The on-campus sessions will be conducted as seminars – not lectures. They are designed to provide students with the opportunity for critical discussion of the law and students must come having read the course materials and ready to participate. The on-campus session is compulsory for all students and is assessed as set out below. You should anticipate spending an additional 8 hours per week on the subject engaged in reading, reflection and research and undertaking assessment tasks.
In terms of assignment submission, all written assessment work is to be submitted via Turnitin and marked using the Grademark platform. Turnitin is accessed via the iLearn page for this unit.
There are to be no hard copy, paper based submissions in this course.
No assignment submitted after the due date will be accepted unless the student has sought and received special consideration through the correct channels.
University regulations require that all classes, assignments and compulsory on campus sessions be satisfactorily attended and completed. Non-completion of any piece of work, non-attendance at a compulsory On-Campus Session (external students) without sufficient excuse will result in an F grade.
Module 1 |
Introduction to International and Comparative Environmental Law
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Module 2 |
Comparative Law Methodology - Theory and Practice
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Module 3 |
History of Environmental Law in different domestic legal systems - comparing common law, civil law, socialist legal systems and religious based legal systems
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Module 4
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Environmental Law in federalist and unitary/centralist politico-legal systems/Implementation of international environmental law in domestic legal systems
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Module 5 |
Human Rights and the Environment
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Module 6 |
Environmental law and development
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Module 7 |
Environmental justice
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Module 8 |
Legal and Judicial Activism for Protection of the Environment
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Module 9 |
Legal Pluralism - Environmental law - Indigenous populations and Customary Law |
Module 10 |
Regional Cooperation and the Environment - Case study of Africa
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Module 11 |
Regional Organisations and Harmonisation—case study of the European Union |
Module 12 |
Global case study - climate change - from international to the local level - a comparison
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Module 13 |
Review and reflection on Comparative Environmental Law |
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Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
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