Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Shawkat Alam
Contact via shawkat.alam@mq.edu.au
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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 MIntRelMIntTrdeComLaw or LLM in (Environmental Law or International Environmental Law) or MSocEntre or PGCertSocEntre 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
Co-taught with LAW582
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Unit description |
Unit description
This unit examines the ways in which trade and environment issues are addressed in a variety of international legal instruments, ranging from, the United Nations through to global and regional free trade agreements. It provides an overview of international institutions, policies and instruments such as the UN, GATT, the WTO, NAFTA, the World Bank and the IMF as they relate to environmental issues. It also, where appropriate, compares the achievements of one legal instrument with those of others in the area of trade and the environment. It particularly focuses on the interests and concerns of developing countries on this pressing issue.
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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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Participation | 15% | Ongoing |
Synopsis | 0% | 21 March 2014 |
Assignment | 35% | 21 April 2014 |
Research Paper | 50% | 13 June 2014 |
Due: Ongoing
Weighting: 15%
Class Participation
All students are required to attend at least 80% of classes. Attendance is mandatory to complete this unit.
If a student is unable to attend any seminar, he or she should, within a reasonable time, provide a written explanation of the reason(s) for the absence together with any appropriate corroborating evidence, e.g. medical certificate. The written explanation must be personally signed by the student and forwarded to the convener. In this respect, if:
• the reason(s) for the absence are, in the opinion of the convener, not justifiable reasons for not attending the relevant seminar(s); or
• no written explanation is provided to the convener within a reasonable time,
• the absence will be deemed to be an unauthorised absence for the purpose of the attendance requirement set out above.
As assessment for this unit includes class participation, students should ensure they have completed the required reading before each class, and be prepared to discuss this material in class. Students will not be awarded class participation mark just for attending class. The following non-exhaustive criteria list will be used to assess your class participation:
• The level of preparedness for each seminar/on campus session gauged by your responses to questions and answers and opinions offered throughout each class.
• The level of analysis you display in class.
• Your ability to answer questions put directly to you in class.
• Your ability to make an educated and legally feasible argument in class.
• The way in which you engage in a constructive way with other students and the Convenor in the class.
• The quality NOT quantity of your work in class.
Please note that the onus to participate in class is on you not on the Convenor. In other words, it is not the job of the Convenor to engage you in discussion so that you may avail yourself of the class participation assessment.
Online Participation
The Convenor or Tutor will also assess participation on discussion forums for this unit to elicit evidence of students’ understanding of the course materials. In order to receive marks from online participation, students are required to
• Provide a critical response of a peer’s research synopsis through iLearn. This is a short response which provides students an opportunity to receive critical and constructive feedback for their final essay ideas. In providing responses, students should identify both weak and strong points of their peer’s essay ideas. Responses must be uploaded no later than the 31 March 2014, 5pm and a strict 500 word limit applies.
Provide at least 1 short response on each topic of the course. Each week a thread will be posted where students must contribute a critical evaluation based on the topic’s reading material. As aforementioned, marks will be based on the quality of material posted, not the length and quantity of responses. Responses are due one week from when the thread is started.
Due: 21 March 2014
Weighting: 0%
Students are expected to choose their respective research topic from the topics suggested below. This is a thought provoking exercise intended to stimulate students to work out an appropriate proposal of research. However, students who are unable to select a topic of research and to formulate a research proposal may be assisted. They are advised to approach the Convenor after exhausting their own sincere efforts. Each student is required to submit a one page outline of your research topic for approval before 21 March 2014. Feedback will be provided on the viability of the proposed research with a view to support the skills for independent research at an early stage. This will be marked on a Pass/Fail basis.
(Students who do not submit a Synopsis for their Research Paper will receive a Fail Grade of zero for their final assessment task).
Topic List:
1. Food and Agriculture
2. Environmental Issues in WTO Agreements
3. Trade and Natural Resource Protection
Due: 21 April 2014
Weighting: 35%
The first assignment will be a written assessment answering a set question provided to all students. This question will be provided to students within the first two weeks of the semester. The paper should be no more than 3000 words (for which there is no 10% leeway). Students will be assessed on their understanding and explanation of the legal issues presented, the depth of their research as well as their critical evaluation of the relevant issues. Research should extend beyond the prescribed books and course materials (the recommended books and journals provide a starting point for further research). Clarity of expression, presentation of argument, responsiveness to question, and correct and consistent reference style will also be taken into account.
The paper should be well structured including sub-headings where appropriate. The introduction should set out the scope of the paper. Students need to include sufficient detail of the specific legal principles or regime and analysis/application of that law. Be sure to answer the question asked. The conclusion should include recommendations for new law, law reform, further research and/or creative
application of the existing law where appropriate. The essay should be fully referenced according to the Australian Guide to Legal Citation.
Due: 13 June 2014
Weighting: 50%
Students will be required to prepare a 4,000 word research paper on one of the listed topics. Please refer to instructions under the Synopsis above.
REQUIRED TEXT
The required text for this course is the IISD and UNEP, Environment and Trade: A Handbook - Second Edition. It is available online at <http://www.iisd.org/publications/pub.aspx?pno=754>
SUPPLEMENTARY TEXT
Shawkat Alam, Sustainable Development and Free Trade (Routledge,2008). Call number HF1713 .A436 2008, Macquarie Library
DATE |
SEMINAR TOPIC |
Semester 1 commences (3 March) |
No seminars in Week 1. |
Session 1 (Week 2) |
Introduction |
Session 2 (Week 3) |
Establishing the Linkage: The Trade-Environment Interface Synopsis due on 21 March 2014 |
Session 3 (Week 4) |
International Environmental Governance: Origins and Principles |
Session 4 (Week 5) |
GATT/WTO Approaches to Trade, the Environment and Sustainable Development Synopsis responses due 31 March 2014 on iLearn |
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Legal and Policy Linkages: Process and Production Methods (PPMs), Eco-labelling and Environmental Standards |
Mid Semester Break (14 April) |
2 week break, classes resume on 28 April. Assignment 1 due on 21 April 2014 during the break. |
Session 6 (Week 7) |
The GATT/WTO Dispute Settlement Mechanism and the Environment |
Session 7 (Week 8) |
Environmental Issues in WTO Agreements Examines the Sanitary and Phytosanitary Measures (SPS) Agreement and the Agreement on Technical Barriers to Trade (TBT) |
Session 8 (Week 9) |
Trade in Services and Intellectual Property Examines the General Agreement on Trade in Services (GATS) and the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement |
Session 9 (Week 10) |
The Trade-Environment Linkage in Multilateral Environmental Agreements (MEAs) Examines the tensions with MEAs including the 1973 Convention on International Trade in Endangered Species (CITES), Convention on Biological Diversity (CBD), the 2003 Cartagena Protocol on Biosafety, the 1992 United Nations Framework Convention on Climate Change (UNFCCC), the 1997 Kyoto Protocol and the 1992 Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal. |
Session 10 (Week 11) |
Regional Agreements on Trade and Environment Examines the European Union (EU), the North American Free Trade Agreement (NAFTA) and the Asia-Pacific Economic Cooperation (APEC) |
Session 11 (Week 12) |
Cross Cutting Issues |
Session 12 (Week 13) |
Trade, Environment and Sustainable Development: The Way Forward Assignment 2 due 13 June |
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
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.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
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