Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Dr Patricia Blazey
Contact via email
E4A Room 240
Unless otherwise announced on ILearn Tuesday 1- 3pm
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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Unit description |
Unit description
This unit reviews the forms of legal controls associated with environmental protection in a commercial context. Corporate social responsibility for the protection of the planet must be paramount and traverse transnational borders. The unit evaluates the comparative costs and benefits of private and public law controls by reference to Australian and overseas models. This unit reflects on how international politics influence the development of Australian environmental law and policy. The unit is designed to provide a basic understanding of environmental legal issues across a broad range of disciplines.
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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:
Tutorial participation
Attendance at all tutorials is compulsory and a roll will be taken each week. A student who is absent from a tutorial will not be assessed for that tutorial. Details on each tutorial class can be found on iLearn (https://iLearn.mq.edu.au). The detailed criteria for assessment is posted on iLearn.
Estimated student workload for tutorials
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Activities |
Hours |
1 |
Weekly Seminars/Lectures/Tutorials |
39 |
2 |
Assessment Task 1 - Journal |
20 |
3 |
Assessment Task 2 In class test |
16 |
4 |
Assessment Task 3 Final assignment |
35 |
5 |
Readings/self-study |
40 |
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TOTAL |
150 |
In class (in lecture) test
This is an open book test of 1 hours duration which will be held in the lecutre on Thursday 2nd April 2015.
Name | Weighting | Due |
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Tutorial participation | 20% | Each week of the session |
In lecture (in class) test | 20% | 2 April 2015 |
Reflective Journal | 20% | 21 April 2015 and 26 May 2015 |
Assignment | 40% | 9 June 2015 |
Due: Each week of the session
Weighting: 20%
Due date: Attendance at tutorials is compulsory
Weight: 20 %
Assessment criteria: Students are expected to undertake the prescribed readings in advance of the tutorials and are expected to actively participate in the class activities.
Students will be assessed on a weekly basis. Please see guide to assessment on iLearn for details on how marks are awarded for participation in tutorials at https://ilearn.mq.edu.au/login/MQ/
Estimated Student workload (outside class time) on average 1 - 2 hours per week
Due: 2 April 2015
Weighting: 20%
The test is open book of 1 hours duration and covers the material you have studied on environmental law and atmospheric protection and climate change in the first 5 weeks of the semester. It is comprised of a number of short answer questions. Students are to present for the class at 10am on Thursday 2 April 2015. If a student fails to sit this test they will receive a mark of 0. If students suffer disruption to their studies they must apply under the disruption to studies policy http://mq.edu.au/policy/docs/disruption_studies/policy.html. for a further assessment task which will only be granted by the convenor if the application falls within the said policy. The test will be marked and returned on 23 April 2015.
Due: 21 April 2015 and 26 May 2015
Weighting: 20%
A reflective journal requires you to look back at the BUSL100 lecture and tutorial you attended. The writing in such a journal is evidence that you are thinking in an academic context about the material you have read and your contribution to the unit. In an academic context it requires you to analyse material presented to you and discussed by your peers and what it means to you as an active learner. The journal template is on iLearn.
Assessment of the journal is based on:
The questions to be addressed in your journal are as follows:-
1.What role can you play in sustainably managing atmospheric protection, freshwater resouces, oceans and marine resources, forests, biological diversity, waste?
2. What do you see are the main problems that hamper the sustainable management of atmospheric protection, freshwater resouces, oceans and marine resources, forests, biological diversity, waste?
3. Does the current relevant international legal framework address the problems apparent in atmospheric protection, freshwater resouces, oceans and marine resources, forests, biological diversity, waste?
4. Do you consider the initiatives currently undertaken in Australia effectively address the problems you have identified in managing atmospheric protection, freshwater resouces, oceans and marine resources, forests, biological diversity, waste?
Due: 9 June 2015
Weighting: 40%
The final assignment contains 2 problems. EAch problem question requires a logical and clearly written answer supported by relevant evidence. The The assignment questions will be released a week prior to 9 June 2015. Footnotes and a bibliography are required. The Australian Guide to Legal Citation 3rd ed is preferred. Detailed information on this assignment will be provided on iLearn. The assignment must be handed into BESS (Business and Economics Student Services by 12 midday on 9 June 2015 in E4B 106.
No late submissions will be accepted and no extensions will be granted. Late assignments will be accepted up to 48 hours after the submission deadline but there will be a deduction of 20% of the total available marks made from the total awarded mark for each 24 hour period or part thereof that the submission is late. If a student suffers a disruption to his/her studies the student must comply with the disruption to studies policy in order that further work can be perscribed.
The unit is comprised of one 2-hour lecture and a 1-hour tutorial each week.
Tutorials begin in the second week of the session. The questions to be answered in the tutorials will be posted on iLearn a week in advance of each lecture.
The timetable for classes can be found on the University web site at: http://www.timetables.mq.edu.au/
Lecture attendance is critical to student learning in this unit. The lecture provides an overview of the topics listed for each week of the semester. The lectures are interactive and multi media. Some lectures will only be partially recorded and some will not be recorded due to copyright issues. Power points will be posted on iLearn prior to each lecture which can be located on the web at http:learn.mq.edu.au.
Required Text:
Phillipe Sands, Jacqueline Peel Principles of Environmental Law Cambridge University Press 2013
The text can be purchased from the Macquarie University Co-op Bookshop and also in the Special Reserve Section of the Library.
Other references are supplied on iLearn.
This area of law is subject to changes in government policy and innovations in science. During the delivery of this unit students will be informed of new and important legal issues arising both at the international and national level. When new legislation or relevant material is published it will be uploaded on iLearn. Students are encouraged to advise the unit co-ordinator of any new material that may be of interest to other students undertaking this unit.
Tehcnology Used and Required
Technology used: learning managment system (iLearn: https://iLearn.mq.edu.au/login/MQ/
Unit Web Page
Lecture Notes ( power point sides and other materials) are available on ILearn. https://ilearn.mq.edu/login/MQ/.
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LECTURE TOPICS AND REQUIRED READINGS FOR LECTURES
Week |
Topic(s) |
Readings |
Week 1 (26 February 2015)
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Introduction to unit What is sustainability? What is sustainable growth? What are the challenges? What is the meaning of scientific literacy?
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Power points on iLearn Sands: chapters 1 and 2 Chapter 6 pages 206 - 217 |
Week 2 (5 March 2015)
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Introduction to International Environmental Law |
Power points on iLearn Sands: Chapters 3 & 4 Undertake footnoting exercise |
Week 3 (12 March 2015)
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Atmospheric Protection and Climate Change Film on Climate Change |
Power points on iLearn Sands: Chapter 7 DVD Presentation |
Week 4 (19 March 2015) |
Atmospheric Protection and Climate Change Film on Climate Change |
Power points on iLearn Sands: Chapter 7 DVD Presentation Hand in Reflective Journal for Assessment |
Week 5 (26 March 2015) |
Atmospheric Protection and Climate Change Film on Climate Change |
Power points on iLearn Sands: Chapter 7
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Week 6 (2 April 2015)
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In class 1 hour test in lecture
Freshwater Resources |
In class 1 hour test in the lecture Power points on iLearn Sands: Chapter 8 DVD Presentation |
Week |
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MID TERM BREAK 6 April to 17 April INCLUSIVE |
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Week 7 (23 April 2015)
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Freshwater Resources |
Power points on iLearn Sands: Chapter 8
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Week 8 (30 April 2015)
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Oceans seas and marine living resources |
Power points on iLearn Sands: Chapter 9 DVD Presentation |
Week 9 (7 May 2015) |
Oceans seas and marine living resources
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Power points on iLearn Sands: Chapter 9
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Week 10 (14 May 2015 )
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Forests and Biological Diversity
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Power points on iLearn Sands: Chapter 10 DVD Presentation
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Week 11 ( 21 May 2015) |
Forests and Biological Diversity
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Power points on iLearn Sands: Chapter 10
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Week 12 (28 May 2015)
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Waste |
Power points on iLearn Sands: Chapters 11 and 12
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Week 13 (4 June 2015) last week of lectures |
Discussion of final assignment |
Discussion of final assignment |
26 June session ends |
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TUTORIAL TOPICS AND REQUIRED READING FOR TUTORIALS
Week |
Topic(s) |
Readings |
Week 2 Tuesday (3 March 2015)
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Introduction to unit What is sustainability? What is sustainable growth? What are the challenges? What is the meaning of scientific literacy?
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Power points on iLearn Sands: chapters 1 and 2 Chapter 6 pages 206 - 217 |
Week 3 Tuesday (10 March 2015)
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Introduction to International Environmental Law |
Power points on iLearn Sands: Chapters 3 & 4 Undertake footnoting exercise |
Week 4 Tuesday (17 March 2015)
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Atmospheric Protection and Climate Change
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Power points on iLearn Sands: Chapters 7
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Week 5 Tuesday (24 March 2015)
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Atmospheric Protection and Climate Change
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Power points on iLearn Sands: Chapters 7 Hand in Reflective Journal for Assessment |
Week 6 Tuesday (31 March 2015) |
Atmospheric Protection and Climate Change
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Power points on iLearn Sands: Chapters 7
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MID TERM BREAK 5 April to 17 April 2015 |
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Week 7 Tuesday (21 April 2015)
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Freshwater Resources |
Power points on iLearn Sands: Chapters 8
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Week 8 Tuesday (28 April 2015)
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Freshwater Resources |
Power points on iLearn Sands: Chapters 8
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Week 9 Tuesday (5 May 2015) |
Oceans seas and marine living resources
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Power points on iLearn Sands: Chapters 9
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Week 10 Tuesday (12 May 2015 )
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Oceans seas and marine living resources
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Power points on iLearn Sands: Chapters 9
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Week 11 Tuesday ( 19 May 2015) |
Forests and Biological Diversity
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Power points on iLearn Sands: Chapters 10
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Week 12 Tuesday (26 May 2015)
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Forests and Biological Diversity
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Power points on iLearn Sands: Chapters 10
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Week 13 Tuesday (2 June 2015) |
Waste |
Power points on iLearn Sands: Chapters 11 and 12
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26 June session ends |
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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/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of the University community to abide by the principles of academic honesty. Its fundamental principle is that all staff and students act with integrity in the creation, development, application and use of ideas and information. This means that:
Further information on the academic honesty can be found in the Macquarie University Academic Honesty Policy at http://www.mq.edu.au/policy/docs/academic_honesty/policy.html
Grades
Macquarie University uses the following grades in coursework units of study:
HD - High Distinction
D - Distinction
CR - Credit
P - Pass
F - Fail
Grade descriptors and other information concerning grading are contained in the Macquarie University Grading Policy which is available at:
http://www.mq.edu.au/policy/docs/grading/policy.html
Grading Appeals and Final Examination Script Viewing
If, at the conclusion of the unit, you have performed below expectations, and are considering lodging an appeal of grade and/or viewing your final exam script please refer to the following website which provides information about these processes and the cut off dates in the first instance. Please read the instructions provided concerning what constitutes a valid grounds for appeal before appealing your grade.
Special Consideration Policy
The University is committed to equity and fairness in all aspects of its learning and teaching. In stating this commitment, the University recognises that there may be circumstances where a student is prevented by unavoidable disruption from performing in accordance with their ability. A special consideration policy exists to support students who experience serious and unavoidable disruption such that they do not reach their usual demonstrated performance level. In order to apply for special consideration a student must have achieved satisfactory progress in terms of coursework to the date of the request otherwise the request will be rejected.
The University policy is available at: http://www.mq.edu.au/policy/docs/special_consideration/policy.html.
Technology used and required
Students will need to access:
Course material is available on the learning managment system referred to as iLearn. The web page for this unit can be fund at: https://ilearn.mq.edu.au.
You must visit this website on a regular basis to access materials and announcements. It is a resource centre for this unit.
These are some of the materials you will find on iLearn.
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.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
If you are unable to access the website for any reason please contact the IT helpdesk which will be able to assist you with using iLearn. Remember to log out when you have finished using iLearn to prevent unauthorised access to your iLearn account.
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
There is no formal exam in this unit
A reflective journal has been introduced.
This unit addresses global and sustainability issues as direct areas of study and as necessary implications arising from the materials, assessment and academic discussion and debate in classes/seminars. We promote sustainability by developing ability in students to research and locate information within the business law discipline. We aim to provide students with an opportunity to obtain skills which will benefit them throughout their career.
Development must be sustainable so that future generations can continue to access the many benefits this planet provides. In light of this statement, this unit explores the effects of economic development and the associated depletion of natural resources and environmental degradation which affect the atmosphere, the land and the sea. The unit focuses on how scientific research promotes the introduction of international and national legal frameworks that seek to address the challenge of sustainable management and utilization of resources. This necessarily involves taking into account issues of equity and justice and considering the needs of developing countries.
The unit focuses on the following challenges:
1. The need to move away from fossil fuel use because it releases harmful greenhouse gases into the atmosphere which cause pollution, climate change and global warming;
2. Addressing unsustainable deforestation whereby large quantities of carbon are emitted into the atmosphere and existing carbon sinks destroyed. The loss of forests is a major threat to biodiversity, rain production and the harnessing of fresh water;
3. Over fishing in the oceans;
4.Scarcity of water supplies;
5. Global problems faced in the disposal of waste.
The unit looks at the causes of these problems and assesses the effectiveness of international and national legal agreements that attempt to address these problems.
Unit rationale
The unit gives students an understanding of the relationship between the sciences and the law that address the sustainable management of the world’s natural resources both internationally and nationally. Students will critically evaluate whether enough is being done by governments, non-government organizations and citizens to promote and foster a sustainable and healthy planet for current and future generations.
The unit uses research by the Macquarie University researcher
Patricia Blazey 'The Trials and Tribulations of Gaining world Heritage Listing for the World Tropics World Heritage Area' (2014) vol 4 no 4 International Journal of Public Law
Tim Cadman, Tek Maraseni, Patricia Blazey, ‘Perspectives on the Quality of Global Environmental Governance: An evaluation of NGO participation in global climate negotiations in the Asia-Pacific and beyond’ with Australia and New Zealand (2012) Third Sector Review (vol. 18, no. 1)
Patricia Blazey, ‘Challenges Faced in Sustainably Managing the Tropical Rainforest in Papua New Guinea’ OIDA (2012) vol 4 no. 4 International Journal of Sustainable Development 35 – 48
Patricia Blazey, ‘China’s Approach to Dealing with Increasing Desertification in Northern China’ (2012) vol 45 no 3 The Chinese Economy
Patricia Blazey, ‘Will China’s 12th Five-Year Plan Allow for Sufficient Nuclear Power to Support its Booming Economy in the Next Twenty Years?’ (2012) vol 21 Pacific Rim Law and Policy Journal University of Washington Law School
Patricia Blazey, ‘Theoretical Issues That Underlie The Drafting Of A Binding Treaty To Prevent Further Deforestation And Degradation Of The World’s Tropical Rainforest’s (2012) vol 2 176 Int. J. Public Law And Policy,
Patricia Blazey, ‘Sustainable management of world forests – to what extent can regulation drive it?’ (2011) vol 1 no 2 Int. J. Public Law and Policy
Patricia Blazey, 'Competing Theories on Protecting the World's Remaining Rainforests - Public Good Global Commons or Sovereignty' in Sylvia Mercado Kierkegaard Law Across Nations Governance Policy and Statutes International Association of IT Lawyers 2011
Patricia Blazey, Kaywah Chan ‘Commercial Law of the People’s Republic of China’ (Lawbook Co Thomson Reuters Legal 2012)
Responses to Deforestation and Desertification
China’s New Approach to Energy and Clean Energy in the 21st century
The Challenges of Environmental Protection
China’s Approach to Water Shortage and Pollution - with Wei Li
The Legal Response to Increasing Problem to Waste Disposal in China
Patricia Blazey, B Connors, C DeLacey, ‘The Vicissitudes of Emissions Trading’ (Green Power Monash University Publication 2010)
Patricia Blazey, B Connors, C DeLacey, ‘The Australian Emissions Trading Scheme’ (Green Power Monash University Publication 2010)
Patricia Blazey, P.Gillies 'Feed-In Tariffs in Australia – Fiscal Incentives and Regulatory Regimes – Current Developments – Policies for the Future’ (2010) International Journal of Private Law
Patricia Blazey ‘Fiscal and Regulatory Challenges of Managing Sinks on the Basis of the Australian Experience’ in Critical Issues in Environmental Taxation; International and Comparative Perspectives (Vol VI Oxford University Press UK March 2009)
Patricia Blazey, P Gillies, ‘China – Growth and Current Challenges’ (2009) June Business Law Journal
P Gillies, Patricia Blazey, ‘Sustainable Housing in Australia – Fiscal Incentives and Regulatory Regimes - Current Developments – Policies for the Future’ in Critical Issues in Environmental Taxation; International and Comparative Perspectives Vol VI (Oxford University Press UK March 2009)
Patricia Blazey, P Gillies, ‘Reducing Emissions from Coal in Australia: Fiscal and Related Instruments – the Current State of Play‘ (2008) July Murdoch University E-Law Journal
Patricia Blazey, B Connors, ‘Emissions Trading Schemes –Traps for New Players’ (2008) November Macquarie Business Law Journal.
Patricia Blazey, P Govind, ‘Environment Law in China’ ‘Intellectual Property Law in China' in Chinese Commercial law and Legal System (Thomson Legal and Regulatory Ltd 2008)
Paticia Blazey, ‘China’s Rapid Economic Growth and Resultant Negative Externalities’, (2007) November University of New South Wales Law Journal
Patricia Blazey, P Govind, ‘Financial Adaptation Challenges for the Insurance Industry due to Climate Change’ (2007) November Macquarie Journal of Business Law
The unit materials have a reference list at the end of each chapter/module/text containing all references cited by the author. These provide some guidance to references that could be used to research particular issues.