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LAWS8052 – Trade and Environment Law

2022 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Lecturer in International Law
Dr Constantinos Yiallourides
constantinos.yiallourides@mq.edu.au
Appointments best arranged by email
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or MIntTrdeComLaw or (Admission to JD and LAWS600 or LAWS8001)
Corequisites Corequisites
Co-badged status Co-badged status
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.

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:

  • ULO1: Explain and critique linkages between international environmental law and international trade law through an enquiring, critical and creative approach to the existing debates and tensions surrounding the trade-environment nexus.
  • ULO2: Critique key institutions and actors through which international environmental law and international trade law interact.
  • ULO3: Explain and critically assess how law, politics and the self-interest of nation-states play a critical role in the inter-relationship of trade, environment and sustainable development.
  • ULO4: Evaluate the relationship between trade-related economic growth and the environmental impacts in the pursuit for sustainable development, especially as related to the interests of developing countries.
  • ULO5: Assess where the relationship between international environmental law and international trade law can be expected to develop in the future, especially having regard to the objectives of sustainable development and making recommendations for policy development and institutional reform.

General Assessment Information

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments - e.g. quizzes, online tests.

All assessments are submitted electronically. Turnitin plagiarism detection software is used to check all written assessments.

Students should carefully check that they submit the correct file for an assessment as no re-submissions will be accepted after the due date and time, including instances where students upload an incorrect file in error.

Word limits are strictly applied. Work above the word limit will not be marked. Footnotes are to be used only for referencing. Referencing must conform to the requirements set out in the Australian Guide to Legal Citation.

Assessment Tasks

Name Weighting Hurdle Due
Research Assignment 30% No 07/04/2022
Synopsis 10% No 05/05/2022
Research Paper 50% No 16/06/022
Class Participation 10% No Ongoing

Research Assignment

Assessment Type 1: Case study/analysis
Indicative Time on Task 2: 25 hours
Due: 07/04/2022
Weighting: 30%

 

Students will provide a written response to a set question designed to stimulate inquiry into conceptual linkages underpinning the unit.

 
On successful completion you will be able to:
  • Explain and critique linkages between international environmental law and international trade law through an enquiring, critical and creative approach to the existing debates and tensions surrounding the trade-environment nexus.
  • Critique key institutions and actors through which international environmental law and international trade law interact.

Synopsis

Assessment Type 1: Literature review
Indicative Time on Task 2: 15 hours
Due: 05/05/2022
Weighting: 10%

 

Students will outline their research topic, including literature review.

 
On successful completion you will be able to:
  • Explain and critique linkages between international environmental law and international trade law through an enquiring, critical and creative approach to the existing debates and tensions surrounding the trade-environment nexus.

Research Paper

Assessment Type 1: Essay
Indicative Time on Task 2: 50 hours
Due: 16/06/022
Weighting: 50%

 

Research paper on topic identified in the Synopsis.

 
On successful completion you will be able to:
  • Explain and critique linkages between international environmental law and international trade law through an enquiring, critical and creative approach to the existing debates and tensions surrounding the trade-environment nexus.
  • Critique key institutions and actors through which international environmental law and international trade law interact.
  • Explain and critically assess how law, politics and the self-interest of nation-states play a critical role in the inter-relationship of trade, environment and sustainable development.
  • Evaluate the relationship between trade-related economic growth and the environmental impacts in the pursuit for sustainable development, especially as related to the interests of developing countries.
  • Assess where the relationship between international environmental law and international trade law can be expected to develop in the future, especially having regard to the objectives of sustainable development and making recommendations for policy development and institutional reform.

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: Ongoing
Weighting: 10%

 

Students will be required to contribute to discussions, debates and other class activities.

 
On successful completion you will be able to:
  • Explain and critique linkages between international environmental law and international trade law through an enquiring, critical and creative approach to the existing debates and tensions surrounding the trade-environment nexus.
  • Critique key institutions and actors through which international environmental law and international trade law interact.
  • Explain and critically assess how law, politics and the self-interest of nation-states play a critical role in the inter-relationship of trade, environment and sustainable development.
  • Evaluate the relationship between trade-related economic growth and the environmental impacts in the pursuit for sustainable development, especially as related to the interests of developing countries.
  • Assess where the relationship between international environmental law and international trade law can be expected to develop in the future, especially having regard to the objectives of sustainable development and making recommendations for policy development and institutional reform.

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

Teaching is by means of 12 lectures (pre-recorded) and 6 live tutorials (via zoom). See provisional schedule below and also the Unit's I-Learn page.   

The two key textbooks for this course are:

  • Environment & Trade: A Handbook (International Institute for Sustainable Development 2005)  Available here: <https://www.iisd.org/system/files/publications/envirotrade_handbook_2005.pdf>   
  • Shawkat Alam, Sustainable Development and Free Trade Institutional Approaches (Routledge 2008). Available through the library catalogue.

Unit Schedule

Date  

Lecture (Pre-recorded)

Tutorial (Live Zoom)  

Assessment

SESSION 1 28 Feb

Lecture 1: Welcome & Introduction to Trade & Environment Law  

Tutorial 1  3 March 19:00-21:00

 

SESSION 2 7 March

Lecture 2: Establishing the Linkage: The Trade & Environment Interface  

 

 

SESSION 3 14 March  

Lecture 3: International Environmental Governance: Origins & Principles  

Tutorial 2  17 March 19:00-21:00

 

SESSION 4 21 March

Lecture 4: GATT/WTO Approaches to Trade, Environment and Sustainable Development  

 

 

SESSION 5 28 March

Lecture 5: Process and Production Methods (PPMs), Eco-Labelling and Environmental Standards  

Tutorial 3  31 March 19:00-21:00

 

SESSION 6 4 April  

Lecture 6: GATT/WTO Dispute Settlement Body

 

Assessment 1: ‘Research Assignment’ Thu 7 April

 

   MID-SEMESTER BREAK

 

 

SESSION 7 25 April

Lecture 7: Environmental Issues in WTO Agreements  

Tutorial 4  28 April 19:00-21:00

 

SESSION 8 2 May

Lecture 8: General Agreement on Trade in Services (GATS) & Agreement on Trade-Related

 

Assessment 2: ‘Synopsis of Research Paper’ Thu 5 May

SESSION 9 9 May  

Lecture 9: Trade-Environmental Linkage in Multilateral Environmental Agreements  

Tutorial 5  12 May 19:00-21:00

 

SESSION 10 16 May

 Lecture 10: North American Free Trade Agreement (NAFTA) & Asia Pacific Economic Cooperation (APEC)  

 

 

SESSION 11 23 May

Lecture 11: Cross-Cutting Issues

Tutorial 6  26 May 19:00-21:00

 

SESSION 12 30 May

Lecture 12: Trade, Environment & Sustainable Development: The Way(s) Forward

 

 

 

EXAM DIET  

 

Assessment 3: ‘Research Paper’ Wed 16 June

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

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Student Enquiries

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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.

Unit information based on version 2022.02 of the Handbook