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Unit of study_

LAWS6061: International Environmental Law

Semester 1a, 2023 [Block mode] - Camperdown/Darlington, Sydney

This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.

Unit details and rules

Unit code LAWS6061
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
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None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ed Couzens, ed.couzens@sydney.edu.au
Type Description Weight Due Length
Assignment Proposal for Optional Capstone Essay (0%)
Written proposal for Capstone essay
0% Week 05
Due date: 20 Mar 2023 at 17:00

Closing date: 20 Mar 2023
250 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10
Assignment Short-release assignment (50%)
Problem/drafting style question
50% Week 10
Due date: 01 May 2023 at 10:00

Closing date: 01 May 2023
4000 words / 9 working days
Outcomes assessed: LO2 LO10 LO9 LO8 LO7 LO5 LO4 LO3 LO1 LO6
Assignment Research Essay (50%)
Research essay
50% Week 12
Due date: 15 May 2023 at 17:00

Closing date: 29 May 2023
4000 words / 8 weeks
Outcomes assessed: LO2 LO10 LO9 LO8 LO7 LO5 LO4 LO3 LO1 LO6
Assignment Optional LLM Capstone Essay (100%)
capstone essay
0% Week 13
Due date: 29 May 2023 at 08:59

Closing date: 12 Jun 2023
8000 words/11 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10

Assessment summary

Research essay (50%) (4000 words)
This assessment will be by way of a research essay question.  The question will be released by Monday 20 March 2023 and due by 17h00 on Monday 15 May 2023 (Sydney, Australia time). The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

For the research essay, the late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof.  For example, a submission after the due time but before the same time the following day will attract a 5% penalty.

Short-release assignment (50%) (4000 words)
This assessment will be by way of a problem- and/or drafting-style question which will be released at 10am on Monday 17 April 2023 (Sydney, Australia time).  The question needs to be researched and submitted by 10am on Monday 1 May 2023 (Sydney, Australia time).  Although this is a problem- and/or drafting-style assignment, it is expected that students will approach answering this as a Masters-level research undertaking, and research and engage with the issues appropriately, with appropriate referencing following instructions given.

No submissions will be accepted after the due date and simple extensions will not be granted. If any student is granted special consideration then an alternate assessment will need to be submitted. The due date for such alternate assessment will be determined by the coordinator when the alternative topic is distributed.

Optional 8000 word LLM Capstone essay (100%), with permission

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must notify the unit coordinator before 9 March 2023; and must provide a 250 word topic proposal by 5pm on 20 March 2023 (Sydney, Australia time).

If the permission of the unit coordinator is obtained, students should complete the Capstone Essay form (available here: https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-llm-capstone) and upload the approval email.  The due date for submission of this essay will be 8:59am on Monday 29 May 2023 (Sydney, Australia time).  

The Capstone Essay will replace the problem-based question and be no more than 8000 words (including footnotes but not including bibliography). Your essay should comply with Academic Integrity requirements, and be submitted in compliance with assignment submission requirements.

The essay topic must be relevant to the material covered in the unit; while at the same time, to serve as a Capstone toward an LLM, it should build upon learning in your degree more generally. The outcome of a successful Special Consideration application would be an extension of time for submission.

Word limit penalty
A piece of assessment which exceeds the prescribed word limit will attract a penalty of 5% of the total marks available for the piece of assessment for every 250 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers
The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). 

Assessment requirement to pass a unit of study:  A student must make a genuine attempt at all assessment tasks set out for this Unit of Study (except those marked as optional) in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

 

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

For the research essay, the late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after the due time but before the same time the following day will attract a 5% penalty.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Introduction and approaching research at postgraduate level; 2. History and development of international environmental law; 3. International forced migration and environmental issues 4. Introduction to the relationship between international and national law; The role and place of customary international law and principles in IEL; Compliance with IEL: implementation, enforcement and state liability. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9
1. Introduction to international negotiation practices and techniques; 2. Dispute settlement and IEL; 3. International regulation of biological diversity and natural resources. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10
1. International regulation of atmospheric protection and climate change; 2. International regulation of oceans, seas and marine living resources; 3. International regulation of freshwater resources. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10
1. International regulation of extreme regions (Arctic, Antarctic, Outer Space); 2. International regulation of chemicals and hazardous wastes; 3. International regulation of environmental impact assessment; 4. International environmental law and Australia. Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8 LO9 LO10

Attendance and class requirements

Attendance: All students are required to attend 70% of on campus classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

There is no single prescribed reading for the substantive seminars/sections – specific recommended readings are provided in the UoS outline.

 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Demonstrate through application of appropriate principles that you have gained a sound understanding of the key components of international environmental law.
  • LO2. Demonstrate through evaluation skills that you have gained an appropriate overview of the development of international environmental law throughout the 20th century; and that you can locate recent developments within this context.
  • LO3. Demonstrate through critical analysis that you have gained an understanding of the legal and institutional framework of international environmental law, including the basic rules and institutions of public international law; the relationship between international law and international environmental law; the most significant international institutions which generate, help to implement and administer international environmental law.
  • LO4. Demonstrate through critical analysis and appropriate research that you have gained an understanding of the general principles of international environmental law and key cases.
  • LO5. Demonstrate through critical analysis that you have gained an awareness of how international environmental law may be applied to deal with certain environmental issues on a topical basis; and that you are able to suggest appropriate such application to real and/or fictional scenarios.
  • LO6. Demonstrate through critical analysis that you have gained an understanding of the need for effective domestic implementation of international environmental rules.
  • LO7. Demonstrate through critical analysis that you have gained an appreciation of the importance of enforcement and compliance with international environmental obligations and how new mechanisms are being developed to deal with this challenge.
  • LO8. Demonstrate through critical analysis that you have gained the ability to assess challenges for international environmental law in the future.
  • LO9. Demonstrate through critical analysis that you have gained an appreciation of the practical difficulties that must be overcome in accommodating different state positions in negotiations toward, and within, international environmental conventions.
  • LO10. Demonstrate through critical analysis that you have gained an understanding of Australia's role and place in the international environmental law field; and of how Australia incorporates international environmental law into its national law.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The LAWS6061 unit ran from 2017 to 2021 as a unit that included an intensive and unique practical negotiation exercise component. In the years 2021-2022 the unit became a 'blended' taught unit and the negotiation exercise was not possible. In 2023 the unit will revert to being taught face-to-face with no online students, and a number of changes have had to be made to the assessment regime to reflect changes in university requirements made during the years 2021-2022.

This unit provides a strong blend of theory and practice, to instil an understanding not just of law but also of the processes of law-making.

The teaching is informed by practical experience with real international law negotiations; and by substantial experience with the teaching of international environmental negotiation techniques.

 

 

Additional costs

There are no additional costs for this unit.

Site visit guidelines

There are no site visit guidelines for this unit.

Work, health and safety

There are no specific work health and safety requirements for this unit.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.