Students

LAW 857 – Environmental Litigation and Mediation

2014 – S2 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Judith Preston
judith.preston@mq.edu.au
Contact via judith.preston@mq.edu.au
N/A
By Appointment
Credit points Credit points
4
Prerequisites Prerequisites
Admission to MEnvLaw or PGCertEnvLaw or PGDipEnvLaw or MIntEnvLaw or PGCertIntEnvLaw or PGDipIntEnvLaw 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)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
The unit will critically examine the adversarial and consensual modes of dispute resolution in the environmental context. The nature and scope of environmental disputes will be explored. The unit includes a consideration of international approaches to and institutions for environmental dispute resolution. The New South Wales Land and Environment Court will provide a focus for analysis of evidence and procedure. Comparative approaches from other jurisdictions with respect to litigation and public participation will be discussed. Mediation and other consensual approaches to environmental decision making will also be examined.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • Demonstrate an understanding of the history and context of environmental dispute resolution (EDR).
  • Demonstrate an understanding of the theoretical basis of EDR.
  • Critically analyse the role various mechanisms and state and non-state actors in EDR.
  • Overview the court practice and procedure especially in the Land and Environment Court of NSW and apply this knowledge to a factual scenario.
  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Assessment Tasks

Name Weighting Due
EDR Practice Exercise 30% Saturday October 4, 2014
Research Paper 60% Friday October 31, 2014
Quiz 10% Friday October 3 ,2014

EDR Practice Exercise

Due: Saturday October 4, 2014
Weighting: 30%

Students will be engaging in a moot exercise.The exercise may involve taking instructions,drafting procedural documents including submissions, briefing counsel and appearing in court or an adjudicative procedure such as mediation or conciliation.
On successful completion you will be able to:
  • Overview the court practice and procedure especially in the Land and Environment Court of NSW and apply this knowledge to a factual scenario.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Research Paper

Due: Friday October 31, 2014
Weighting: 60%

Students are to complete a research paper of a maximum of 5,000 words .The word limit does not include a bibiography.The paper should be typed with double spacing with correct legal referencing.Students may choose a topic related to the unit outcomes but it must be approved by the Convener.The synopis of the topic should be submitted by email no later than the conclusion of Day 2 of the OCS(Friday ,October 2,2014).If students are experiencing difficulty in formulating a research topic then an appointment should be made with the Convener.
On successful completion you will be able to:
  • Demonstrate an understanding of the history and context of environmental dispute resolution (EDR).
  • Demonstrate an understanding of the theoretical basis of EDR.
  • Critically analyse the role various mechanisms and state and non-state actors in EDR.
  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.

Quiz

Due: Friday October 3 ,2014
Weighting: 10%

There will be a short quiz consisting of muliple choice and short answer questions designed to test your basic understanding of the basic concepts of the unit and to provide early feedback.
On successful completion you will be able to:
  • Demonstrate an understanding of the history and context of environmental dispute resolution (EDR).
  • Demonstrate an understanding of the theoretical basis of EDR.

Delivery and Resources

 

Technology used and Required:

 

This unit will use: iLearn accessed at http://ilearn.mq.edu.au

 

Times and Locations for Lectures and Tutorials:W6B tutorial Room 336 on each day of the OCS

 

 

 

Teaching and Learning Strategy:

This course will be delivered as an intensive unit from Thursday October 2-Saturday October 4, 2014 between 9.00-5.00pm.

The course will be delivered in lectures with provision for class discussions. All students are expected to resad the reading materials provided on Ilearn and refer to texts recommended prior to the commencement of the OCS.

The moot exercise will be conducted as a group task. The task will be marked as a group task.

For current updates, lecture times and classrooms please consult the MQ Timetables website:

http://timetables.mq.edu.au

 

 

Information:

 

Required and recommended resources:

 

Prescribed

There is no prescribed textbook. All materials for this unit are on e-reserve or accessible via the internet.

The Reading List, with details of the materials,is provided on ILearn.

Recommended

In addition to the set reading there are a range of textbooks available from the university library which

you may find useful or if you wish to do some extra reading on a particular topic. The following list is notexhaustive and a search of the library catalogue may reveal other useful texts.

For students new to the study of law we recommend:

Michelle Sanson, David Worswick and Thalia Anthony, Connecting with Law (Oxford University Press, 2009).

Trischa Mann (ed), Australian Law Dictionary (Oxford University Press, 2009).

 

The following text is an excellent aid for academic writing and university study in general:

Jean Brick, Academic Culture: A Students Guide to Studying at University(NCELTR Publications,2009)

 Other relevant texts include:

  L S Bacow and M Wheeler, Environmental Dispute Resolution (Plenum Press, 1984).

 Gerry Bates, Environmental Law in Australia, (LexisNexis Butterworth's, 8th ed, 2013)

U Beyerlin, et al (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue between Practitioners and Academia (Martinus Nijhoff Publishers, 2006).

 D E Fisher, Australian Environmental Law (Lawbook,2014).

 Michael Freeman, Alternative Dispute Resolution (New York University Press, 1995).

 Rosemary Lyster, et al, Environmental and Planning Law in NSW (Federation Press, 2013).

 Brian J Preston, Environmental Litigation (Law Book, 1989).

 Roger Sidaway, Resolving Environmental Disputes: From Conflict to Consensus (Earthscan, 2005).

Tania Sourdin, Alternative Dispute Resolution (Thomson Reuters, 4th ed, 2012).

 David Spencer and Samantha Hardy, Dispute Resolution in Australia: Cases, Commentary andMaterials (Thomson Reuters, 2nd ed, 2009).

 David Spencer, Essential Dispute Resolution (Cavendish Publishing, 2nd ed,2005)

Michael Legg(ed),The Future of Dispute Resolution, (Lexis Nexis Butterworths,2013)

  (Please note that in consulting these texts they should be read carefully because subsequent developments may mean the text no longer reflects the current law.)

Some useful journals are:

Australasian Dispute Resolution Journal

Environmental and Planning Law Journa

Commercial Dispute Resolution Journal

International Journal of Sociology and the Law

Journal of Dispute Resolution

Journal of environmental law and litigation

Journal of International Arbitration

Local Government Law Journal

Negotiation Journal

Ohio State journal on dispute resolution

Pepperdine dispute resolution law journal

Willamette journal of international law and dispute resolution

 

Websites:

 Austlii - www.austlii.edu.au

 Land and Environment Court of NSW - http://www.lawlink.nsw.gov.au/lec

 Environmental Defenders Office - http://www.edo.org.au

 

Changes since the last offering of the Unit:

There is no assessment for class participation.

 

 

Other Material:

There are comprehensive reading materials available for this unit on ILearn.

 

Unit Schedule

 Day 1 of the OCS-Thursday October 2,2014

9.00-9.30am

· Introduction -

 · Course aims and themes 

 · Assessments

 · Penalties

 · Moot

 9:30am-11.00am 

· Characteristics of Environmental Disputes

 

 11:00am-11.30pm

-Morning Tea Break

 

11:00am-1.00pm

· Types of Environmental Disputes: - Merit Review  and  Judicial Review

 

  1:00pm-2.00pm

Lunch Break

 

 2.00-5.00pm

 

· Overview of Environmental Dispute Mechanisms:

- Litigation

 -Conciliation

- Mediation

-Complexity of environmental litigation

 

International Case Studies

Is Litigation an effective form of EDR?

                                                             

 

 Day 2 of the OCS-Friday  October 3, 2014

 

9.00-11.00am

 · LEC – Overview

 

· Operating an Environment Court

 

· Merits Review

 

· Case Studies

 

11.00am-11.30am 

Morning Tea

 

12noon-1.00pm

Quiz(in Class)

 

1.00-2.00pm

Lunch Break

 

2.00-5.00pm

Issues in Environmental Litigation

Overview of public interest litigation

*Standing

*Security for Costs

*Undertaking for damages

*Expert /Concurrent evidence

* Legal Aid

 

Day 3 of the OCS-Saturday October 4,2014

 

9.00-10.30am

· Overview of Mediation

 

· Role of the Courts

 

· The LEC as a case study

 

10.30-11.00am

Morning Tea Break

 

11.30-1.00pm

Future trends including

Human rights-based environmental litigation

Ecocide-based litigation

Environmental rule of law and environmental democracy

Wild Law

New Adjudicative bodies

-International Ethics Tribunal For the Rights of Nature

International Court for the Environment

 

1.00-2.00pm

Lunch Break

 

2.00-5.00pm

 

EDR Moot Exercise

 

 

 

 

 

 

·

 

 

 

 

 

Policies and Procedures

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.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Extensions and penalties for late submission

There may be circumstances to warrant late submission of written assessments or attend classes in the OCS. If students wish to to obtain an extension of time or exemption from attendance in any part of the OCS ,a written application must be made with approppriate written evidence in support, to the Convener at least one before the due date.

Failure to submit work on time or attend class in the OCS without written approval may be grounds for failure to satisfactorily complete the requirements of the unit and may result in an "F" grade.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

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.

Graduate Capabilities

PG - Discipline Knowledge and Skills

Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate an understanding of the history and context of environmental dispute resolution (EDR).
  • Demonstrate an understanding of the theoretical basis of EDR.
  • Critically analyse the role various mechanisms and state and non-state actors in EDR.
  • Overview the court practice and procedure especially in the Land and Environment Court of NSW and apply this knowledge to a factual scenario.
  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Assessment tasks

  • Research Paper
  • Quiz

PG - Critical, Analytical and Integrative Thinking

Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.

This graduate capability is supported by:

Learning outcomes

  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Assessment tasks

  • EDR Practice Exercise
  • Research Paper
  • Quiz

PG - Research and Problem Solving Capability

Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.

This graduate capability is supported by:

Learning outcomes

  • Overview the court practice and procedure especially in the Land and Environment Court of NSW and apply this knowledge to a factual scenario.
  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Assessment task

  • EDR Practice Exercise

PG - Effective Communication

Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.

This graduate capability is supported by:

Learning outcome

  • Engage in a practical problem-based EDR exercise

Assessment tasks

  • EDR Practice Exercise
  • Research Paper

PG - Engaged and Responsible, Active and Ethical Citizens

Our postgraduates will be ethically aware and capable of confident transformative action in relation to their professional responsibilities and the wider community. They will have a sense of connectedness with others and country and have a sense of mutual obligation. They will be able to appreciate the impact of their professional roles for social justice and inclusion related to national and global issues

This graduate capability is supported by:

Learning outcomes

  • Overview the court practice and procedure especially in the Land and Environment Court of NSW and apply this knowledge to a factual scenario.
  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting

Assessment task

  • Research Paper

PG - Capable of Professional and Personal Judgment and Initiative

Our postgraduates will demonstrate a high standard of discernment and common sense in their professional and personal judgment. They will have the ability to make informed choices and decisions that reflect both the nature of their professional work and their personal perspectives.

This graduate capability is supported by:

Learning outcomes

  • Identify the emerging trends and influences shaping EDR.
  • Propose solutions and reform for the EDR process.
  • Evaluate EDR problems with a solutions-based method to gain skills within a group-based learning setting
  • Engage in a practical problem-based EDR exercise

Changes since First Published

Date Description
16/01/2014 The Prerequisites was updated.