Students
LAW 851 – Climate Change Law
2017 – S3 Block
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convener
Judith Preston
Contact via 0410108371
W3A 441
By appointment
Lecturer
Justice Brian Preston
Contact via (02)91138261
N/A
By appointment
Brian Preston
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to MEnvLaw or MIntEnvLaw or MIntTrdeComLaw or MIntRelMIntTrdeComLaw or MPPP or MPlan or LLM or MIntLawGovPP or 42cp in LAW or LAWS units at 400 or 500 level or (admission to JD and 32cp in LAW or LAWS units at 800 level)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
Almost daily we encounter a new development or opinion concerning climate change, but what do we know about the legal framework that has formed around the subject? This unit is an introduction to the subject of climate change with a particular focus on its legal aspects. It is designed to help students understand the fundamentals of climate change law at the international and domestic levels.
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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 familiarity with basic concepts on the physical aspects of climate change, including its causes and impacts, as a foundation from which to engage with other aspects of the field.
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Understand and evaluate the rationale for and legal elements of carbon pricing, carbon trading, and other emission-reduction and offset models
- Analyze policies and laws for and against state-supported or private initiatives that impact on climate change.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
- Display confident engagement with justice/ethical considerations particular to the field of climate change and climate change law
- Demonstrate an ability to integrate information and perspectives from other disciplines, as well as to understand why problems look different from diverse disciplinary perspective
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| InforMEA Climate Law(online) | 10% | No | 17 December 2017 |
| Reflection of Climate Issues | 20% | No | 29 December 2017 |
| Class Presentation | 20% | No | 18 December 2017 |
| Research Paper abstract | 0% | No | 5pm 17 December 2017 |
| Research Paper | 50% | No | 5pm 17 January 2018 |
InforMEA Climate Law(online)
Due: 17 December 2017
Weighting: 10%
Students are to complete online - two of the InforMEA courses on Climate Atmosphere and Land at https://e-learning.informea.org/course/index.php?categoryid=7 (free registration) being the UNFCCC and the Kyoto Protocol course as well as the Paris Agreement course.
Students are to email the Certificate of Completion for both courses to the Convenor before the conclusion of Day 3 of the OCS which is Sunday 17 December 2017.
On successful completion you will be able to:
- Demonstrate familiarity with basic concepts on the physical aspects of climate change, including its causes and impacts, as a foundation from which to engage with other aspects of the field.
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
Reflection of Climate Issues
Due: 29 December 2017
Weighting: 20%
Students are to select an article in the media that concerns issues relating to the effectiveness of legal framework regulating climate change in Australia or the Asia /Pacific region.
The article has to be sourced from a reputable journal or newspaper and have been written within the last six months,This a reflective piece and the focus is to write about your reaction to the issues and how your viewpoint may have changed and the reasons for the change.
The paper is a maximum of 1,000 words exclusive of references and a bibliography.References must be compliant with the Australian Guide to Legal Citation.
On successful completion you will be able to:
- Demonstrate familiarity with basic concepts on the physical aspects of climate change, including its causes and impacts, as a foundation from which to engage with other aspects of the field.
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Understand and evaluate the rationale for and legal elements of carbon pricing, carbon trading, and other emission-reduction and offset models
- Analyze policies and laws for and against state-supported or private initiatives that impact on climate change.
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
- Display confident engagement with justice/ethical considerations particular to the field of climate change and climate change law
- Demonstrate an ability to integrate information and perspectives from other disciplines, as well as to understand why problems look different from diverse disciplinary perspective
Class Presentation
Due: 18 December 2017
Weighting: 20%
Students are to prepare a short oral presentation of maximum 10 minutes about a key climate law case.
The presentation should include a brief outline of the facts,the outcome and the judicial reasoning as well how this case develops climate law jurisprudence and its broader impact in society(if applicable).
Students should submit a concise summary (max 500 words) of their presentation to the Convenor at the time of the delivery.
Presentations should be supported by online tools such as Powerpoint,Google Docs,OpenOffice and Zoho Show.
On successful completion you will be able to:
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
Research Paper abstract
Due: 5pm 17 December 2017
Weighting: 0%
A one-page plan on how you plan to tackle your choice of research topic, structured in accordance with the information in the essay-writing instructions. The outline is to be emailed to the Convenor by 5pm Sunday 17 December 2017 While no marks are awarded for this item, it is compulsory. The Convenor will give you feedback on your outline. Its purpose is to ensure that you are on track to complete a high-quality research paper.
On successful completion you will be able to:
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
Research Paper
Due: 5pm 17 January 2018
Weighting: 50%
Suggestions may be given on topics although you may propose your own topic. This is intended to be a thought-provoking exercise to stimulate students to explore in depth a topic of genuine interest to them. Length: 4,000 words. To be submitted through Turnitin as a Word document (no PDFs accepted).
The word limit is exclusive of references and a bibliography.
All references are to be compliant with the Australian Guide to Legal Citation.
On successful completion you will be able to:
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Analyze policies and laws for and against state-supported or private initiatives that impact on climate change.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
- Display confident engagement with justice/ethical considerations particular to the field of climate change and climate change law
- Demonstrate an ability to integrate information and perspectives from other disciplines, as well as to understand why problems look different from diverse disciplinary perspective
Delivery and Resources
Intensive Block from Friday December 15 to Monday December 18 2017 (inclusive))
All teaching materials including Readings will be available on iLearn.
Recommended textbook: A. Zahar, J. Peel, and L. Godden, Australian Climate Law in Global Context, Cambridge University Press, 2012. Several copies are held in the Library and are available online through the Library.
Unit Schedule
Day 1 (Friday 15 December 2017)
Morning sessions (9.00-1.00pm)
Introduction unit outline and sources. (All readings will be on iLearn.) (Judith Preston)
The science of climate change.(Professor Lesley Hughes-video)
Lunch (1.00 pm-2pm)
Afternoon sessions (2.00- 4.00pm)
Overview of the international legal framework to regulate climate change (Justice Brian Preston/Judith Preston)
International mechanisms engaging developing countries overview- Clean development mechanisms and Forest protection .
REDD+ and climate change (Lisa Ogle)
Climate change, forests and Indonesia (Windu Kisworo HDR student at MQU)
Day 2 (Saturday 16 December 2017)
Morning sessions (9.00am-1.00pm)
Legal elements of the international climate change regime continued-the UNFCCC ,Kyoto Protocol and the Paris Agreement.(Paul Govind)
Lunch (1.00-2.00pm)
Afternoon sessions (2.00-5.00pm)
Australian climate change law.-at Federal level and with a focus on NSW (Justice Brian Preston/Judith Preston)
Climate Change Act 2017 (Victoria)
International climate law developments- model statutes,draft Climate Compensation Act of Vanuatu, Oslo Principles on Global Climate Obligations, Principles on Climate Obligations of Enterprises (Justice Brian Preston)
Day 3 (Sunday 17 December 2017)
Morning sessions (9.00am -1.00pm).
Climate litigation (Justice Brian Preston)
Adaptation to climate change and the agriculture sector (Professor Paul Martin)
Lunch (1.00pm-2.00pm)
Afternoon Sessions (2.00pm -5.00pm)
Mock Trial- Nature And Others versus Commonwealth of Australia and the State of Queensland (Laws 543 students)
Judgment and session feedback
Day 4 (Monday 18 December 2017)
Morning sessions (9.00 am-1.00pm)
International climate finance as a key legal obligation.(Paul Govind)
Climate change conflict and World Heritage (Acting Justice Simon Molesworth)
Lunch (1.00pm-2.00pm)
Afternoon sessions (2.00pm-4.00pm)
Law 851 Student Presentations
4.00pm-5.00pm-(Judith Preston)
Future Shocks and Solutions
Natural disasters, risk and management- overview and legal responses
Transition to a low-carbon life: Can it happen fast enough?
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_2016.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.html
Disruption to Studies Policy (in effect until Dec 4th, 2017): http://www.mq.edu.au/policy/docs/disruption_studies/policy.html
Special Consideration Policy (in effect from Dec 4th, 2017): https://staff.mq.edu.au/work/strategy-planning-and-governance/university-policies-and-procedures/policies/special-consideration
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/
Results
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.
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://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
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
- Display confident engagement with justice/ethical considerations particular to the field of climate change and climate change law
- Demonstrate an ability to integrate information and perspectives from other disciplines, as well as to understand why problems look different from diverse disciplinary perspective
Assessment tasks
- Reflection of Climate Issues
- Research Paper
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 familiarity with basic concepts on the physical aspects of climate change, including its causes and impacts, as a foundation from which to engage with other aspects of the field.
- Analyze policies and laws for and against state-supported or private initiatives that impact on climate change.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
Assessment tasks
- InforMEA Climate Law(online)
- Reflection of Climate Issues
- Research Paper
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
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Understand and evaluate the rationale for and legal elements of carbon pricing, carbon trading, and other emission-reduction and offset models
- Analyze policies and laws for and against state-supported or private initiatives that impact on climate change.
- Demonstrate an advanced understanding of the evolution of climate law and climate litigation law in Australiaand overseas, with an ability to express analytical and substantiated views about its current and future applications
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
- Demonstrate an ability to integrate information and perspectives from other disciplines, as well as to understand why problems look different from diverse disciplinary perspective
Assessment tasks
- InforMEA Climate Law(online)
- Reflection of Climate Issues
- Class Presentation
- Research Paper abstract
- Research Paper
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
- Understand and evaluate the rationale for and legal elements of carbon pricing, carbon trading, and other emission-reduction and offset models
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
Assessment tasks
- Reflection of Climate Issues
- Research Paper
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:
Assessment task
- Research Paper abstract
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
- Demonstrate familiarity with basic concepts on the physical aspects of climate change, including its causes and impacts, as a foundation from which to engage with other aspects of the field.
- Demonstrate a detailed understanding of the international and domestic framework aimed at mitigation of greenhouse gas emissions by states or adaptation measures for multiple stakeholders in a changing climate.
- Critically compare legal and policy developments in Australia with those in other countries and regions particularly the Asia/ South Pacific region
- Express developed and supported views on options for formulating long-term legal responses to climate change at the domestic and international levels.
- Display confident engagement with justice/ethical considerations particular to the field of climate change and climate change law
Assessment tasks
- InforMEA Climate Law(online)
- Reflection of Climate Issues
- Class Presentation
- Research Paper