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LAWS8052 – Trade and Environment Law

2023 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Shawkat Alam
shawkat.alam@mq.edu.au
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 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. 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
Class Participation 10% No Ongoing
Synopsis 10% No 11:55pm 10/04/2023
Research Assignment 30% No 11:55pm 25/04/2023
Research Paper 50% No 11:55pm 12/06/2023

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.

Synopsis

Assessment Type 1: Literature review
Indicative Time on Task 2: 15 hours
Due: 11:55pm 10/04/2023
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 Assignment

Assessment Type 1: Case study/analysis
Indicative Time on Task 2: 25 hours
Due: 11:55pm 25/04/2023
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.

Research Paper

Assessment Type 1: Essay
Indicative Time on Task 2: 50 hours
Due: 11:55pm 12/06/2023
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.

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 iLearn 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: 27/02/2023

Lecture 1: Welcome & Introduction to Trade & Environment Law  

 

 

Session 2: 06/03/2023

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

Tutorial 1: 07 March 19:00-21:00

 

Session 3: 13/03/2023

Lecture 3: International Environmental Governance: Origins & Principles  

 

 

Session 4: 20/03/2023

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

Tutorial 2: 21 March 19:00-21:00

Synopsis due: 21/03/2023

Session 5: 27/03/2023

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

 

 

Session 6: 03/04/2023

Lecture 6: GATT/WTO Dispute Settlement Body

Tutorial 3: 04 April 19:00-21:00

 

 

 MID-SEMESTER BREAK   Research Assignment due: 16/04/2023

Session 7: 24/04/2023

Lecture 7: Environmental Issues in WTO Agreements  

 

 

Session 8: 01/05/2023

Lecture 8: General Agreement on Trade in Services (GATS) & Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Tutorial 4: 02 May 19:00-21:00

 

Session 9: 08/05/2023

Lecture 9: Trade-Environmental Linkage in Multilateral Environmental Agreements  

  

 

Session 10: 15/05/2023

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

Tutorial 5: 16 May 19:00-21:00

 

Session 11: 22/05/2023

Lecture 11: Cross-Cutting Issues

  

 

Session 12: 29/05/2023

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

Tutorial 6: 30 May 19:00-21:00

 

 

EXAM WEEK

 

Research Paper due: 12/06/2023

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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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 since First Published

Date Description
27/03/2023 Assignment due date is changed from 16 April to 25 April.
03/03/2023 Synopsis due date changed from 21 March to 10 April.
21/02/2023 Amendments to unit schedule.

Unit information based on version 2023.01R of the Handbook