Students

LAWS5069 – Energy and Natural Resources Law

2022 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Tina Soliman-Hunter
tina.solimanhunter@mq.edu.au
Credit points Credit points
10
Prerequisites Prerequisites
130cp of LAWS units
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit introduces students to energy and resources law and governance, a burgeoning and specialised field of law. The unit explores the legal response of nation states, international institutions and other relevant global actors to regulate the transboundary aspects of energy and resources law. Students will cover the historical development of the law, the need for cooperation,and the effectiveness of sustainable development in energy and resources law. Several important regimes are explored in addition to pivotal domestic and international case law and arbitration decisions.

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: Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • ULO2: Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • ULO3: Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • ULO4: Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • ULO5: Identify intersections and interactions between energy and resources law and other areas of law.

General Assessment Information

Late Assessment Submission Penalty  

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue.    

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

Assessment Tasks

Name Weighting Hurdle Due
In class participation 10% No Ongoing
Take home assessment 40% No 12/09/2022 23:55
Legal writing on a contemporary issue 50% No 11/11/2022 23:55

In class participation

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

 

Students will prepare and participate in relevant discussion during tutorials including resolving problem based tasks

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

Take home assessment

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 20 hours
Due: 12/09/2022 23:55
Weighting: 40%

 

Students will submit responses to questions based on a hypothetical scenario

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

Legal writing on a contemporary issue

Assessment Type 1: Professional writing
Indicative Time on Task 2: 35 hours
Due: 11/11/2022 23:55
Weighting: 50%

 

Students will prepare written material for an NGO, government or company as required

 
On successful completion you will be able to:
  • Demonstrate a thorough understanding of the basic functions and overarching principles of energy and resources law including sustainable development and transboundary harm
  • Recognise and recall the key institutions and actors involved in energy and resources law, understand their respective roles in establishing and maintaining governance
  • Critically analyse, interpret, and assess the contribution of cases, treaties and institutions to the development of energy and resources law;
  • Engage in debate surrounding contemporary and emergent issues in the discipline including cooperation between different legal regimes; linkage between law and scientific knowledge; and the challenges of the new global order;
  • Identify intersections and interactions between energy and resources law and other areas of law.

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

A. LECTURES

There are 13 topics for this course, in weeks 1 - 13. 

This course will be taught using a new type of delivery, known as Articulate. For each Topic, you will have a number of lessons, that will cover the content outlined in the unit schedule. Each lesson will comprise of written information, recorded lectures*, readings, and other information. the final lesson will comprise tutorial questions, and any additional resources needed for the Tutorial. 

Lectures* are a mix of pre-recorded lectures, and other appropriate recorded material, that together will equate to two hours of material per week. Where there are accompanying lecture slides, these will be part of the lesson in the relevant week.

The schedule of topics to be covered in the lectures, required readings, and supplementary resources will be available in detail on iLearn.

A list of covered topics is provided below in the Unit Schedule.

Tutorials begin in Week 2 and finish in Week 13. 

Students require access to a computer and a secure and reliable internet provider to access materials.

B. Prescribed Text and Readings

There is no prescribed text. Readings will be  available on Leganto and in each Topic Lesson

 

Unit Schedule

Energy And Natural Resources  Law 2022

 

 

Week No./ commencing

Topic  

Tutorial

1

26th July

Topic 1: Energy, the energy transition, net-zero emissions and natural resources

    1. Introduction to Energy and NRL
    2. the concept of energy, the energy transition,
    3. net zero emissions by 2050 (compared to green economy)
    4. shift to a low carbon economy
    5. nexus between energy and natural resources

No Tutorial

2

2nd August

Topic 2: Introduction to energy and resources law

    1. Ownership of resources
    2. natural resources: law, policy and economics
    3. the concept of energy security
    4. Concept of energy security
    5. Energy security in an era of climate change

Topic 1

3

9th August

Topic 3: International law/governance relating to ENR

  1. International law for energy and resources - transboundary harm, climate change, environment, sustainable development goals, sustainability/Brundtland, UNGA resolution relating to sovereignty over resources
  2. UNCLOS
  3. Energy Charter Treaty, International Energy Charter
  4. Concept of Lex Petrolea

Topic 2

 

4

16th August

Topic 4: Transboundary issues in energy and resource development

  1. Grand Ethiopian Renaissance Dam (GERD)
  2. Fisheries - Barents fishing agreement
    1. IUU fishing
  3. Chernobyl
  4. Transboundary petroleum development
  1. Norway/UK
  2. Norway/Russia

Topic 3

 

5

23rd August

Topic 5: The energy lifecycle I: Access to Energy and Natural resources

  1. Concept of ownership
  2. The role of the state
  3. Licencing for mineral and petroleum resources
    1. Concessions
    2. PSCs
    3. LCS
  4. Access – wind farms, solar farms, carbon sequestration

Topic 4

 

 

6

30th August

Topic 6: The energy lifecycle II: Offshore energy and resources law and governance

  1. Unitisation
  2. Oil and gas -regulating operations – environment, health and safety
  3. Maximising recovery of resources – Australian, Norwegian and UK approaches
  4. Offshore minerals development
  5. Deep seabed mining
  6. Offshore wind and infrastructure
  7. decommissioning

Topic 5

 

7

6th September

Topic 7: Blue Carbon and the energy transition

  1. The concept of blue carbon
  2. Coastal blue carbon
  3. Nearshore blue carbon
  4. Deep ocean blue carbon
  5. Challenges and opportunities in implementing and regulating a blue carbon regime
    1. Capacity of international legal framework
    2. Cooperation and Political will (cooperative federalism)

Topic 6

 

 

 

SEMESTER BREAK

 

 

8

27th September

NOT A LECTURE – HELD AS SEMINAR: (Guest - Gavin Scott, Norton Rose)

Topic 8: Indigenous issues in energy and resource development

  1. Consent/FPIC
  2. ILUAs/native title
  3. Future energy and resource developments – challenges and opportunities

 

9

4th October

Topic 9: Climate change and the energy transition

    1. Climate change
  2. Fossil fuels, emissions and global perspectives (IEA and ARENA)
  3. Shift to Low Carbon Energy (LCE) – challenges and opportunities
  4. Options for the energy transition - Carbon trading

Topic 7

 

10

11th October

Topic 10: VRE and the energy transition in Australia

  1. Technology as a vehicle for shifting to LCE
  2. Changing state intervention (the concept of the commanding heights)
  3. VRE in the NEM
  4. Base load power – what do we do? NUCLEAR
  5. Energy Storage
  6. Technology Roadmap and the role of ARENA
    1. Hydrogen and ammonia
  7. Export? The example of Sun Cable

Topic 9

 

11

18th October

Topic 11: Investment in energy and resources: the global legal framework – past, present, and future

  1. Guest

Topic 10

 

12

25th October

Topic 12: Mineral resources law and governance

  1. Australian resources statements
  2. Critical and rare earth minerals
  3. Conflict commodities- critical minerals, diamonds

Topic 11

 

13

1st November

Topic 13: Current issues in Energy and Natural Resources  Law  

 

Topic 12

 

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. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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.

Changes from Previous Offering

There are some minor changes to the topics covered, in light of cdevelopments in austrlaia's energy landscape- for example, the current gas shortage and energy crisis affecting the east coast of Australia. These changes ensure that subject remains relevant and cutting edge.

Unit information based on version 2022.02 of the Handbook