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Unit outline_

LAWS6061: International Environmental Law

Intensive April, 2024 [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. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

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

Available to study abroad and exchange students

No

Teaching staff

Coordinator Ed Couzens, ed.couzens@sydney.edu.au
Lecturer(s) Ed Couzens, ed.couzens@sydney.edu.au
The census date for this unit availability is 2 April 2024
Type Description Weight Due Length
Skills-based evaluation Preparation and Class Participation (30%)
Preparation; in class participation; work between seminar blocks
30% Ongoing 4 sessions of in class participation
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Short release assignment Short-release written response (10%)
Written response to negotiation exercise
10% Week 01
Due date: 20 Mar 2024 at 17:00

Closing date: 27 Mar 2024
1000 words / 3 working days
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Outline for Alternative Capstone Essay (0%)
Written proposal for Capstone essay
0% Week 01
Due date: 18 Mar 2024 at 23:59

Closing date: 18 Mar 2024
250 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Short release assignment Short-release assignment (60%)
Problem/drafting style question
60% Week 07
Due date: 29 Apr 2024 at 10:00

Closing date: 29 Apr 2024
4000 words / 9 working days
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Alternative LLM Capstone Essay (70%)
Capstone essay
0% Week 09
Due date: 13 May 2024 at 17:00

Closing date: 27 May 2024
7000 words / 9 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Preparation for and class participation in negotiation exercise (30%)

This is a practical, in-class assessment task that will be run on a staggered basis commencing with initial instructions and readings on or before Monday 19 February 2024. All students will be assigned particular states to represent in mock negotiations, and will be given both general readings on negotiation procedure and individual negotiating instructions. The readings provided will be compulsory. 

Participation in the exercise will be required and will be assessed against a set of criteria which will be made available through Canvas and explained in seminars.

Successful grant of special consideration may include one or more alternate tasks as determined by the unit coordinator - including in-person viva (oral) examination.


Short-release written response to negotiation exercise (10%)

After the negotiation exercise concludes, a written comment/response will be required (1,000 words) to be submitted by 17h00 on Wednesday 20 March 2024 (Sydney, Australia time). 

The questions to be answered will be distributed through Canvas by the end of the unit (Friday 15 March 2024). 


4,000 word Short-release assignment (60%)

This assessment will be by way of a problem- and/or drafting-style question which will be released by 10am on Monday 15 April 2024.  The question needs to be researched and answered at home and submitted by 10h00 on Monday 29 April 2024 (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 with the topic.

No submissions will be accepted after the due date and simple extensions will not be granted/permitted.  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.


Alternative 7,000 word LLM Capstone essay (70%) in lieu of 4,000 word short-release assignment (60%), with permission

Capstone essay outline (0%)

LLM students who are undertaking this unit towards the end of their degree, and who need a Capstone experience to complete their degree, must notify the unit coordinator before 7 March 2024; and must provide an Outline by the end of Monday 18 March 2024 at 23h59 (Sydney, Australia time), in the form provided by the coordinator on application. The due date for submission of this essay will be 17h00 on 13 May 2024 (Sydney, Australia time).

Capstone essay   

The Capstone Essay will be 7,000 words and it will replace the problem-based short-release assignment. The Capstone essay topic must be relevant to the material covered in the unit; should build on work already completed in the degree; may not recycle work already submitted for assessment in the degree, except and only with specific permission and appropriate referencing.

Students exercising this option will have their marks for the first two assignments adjusted. The capstone essay (70%) replaces the 4,000 word short-release assignment (60%) and the other assessment tasks are adjusted as follows: negotiation exercise participation weighted 25% and written response to negotiation exercise reduced to 500 words and weighted 5%.

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).  The use of Studiosity does not breach this rule but must be acknowledged.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

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 2021 (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:

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.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 1. International regulation of atmospheric protection and climate change; 2. International regulation of oceans, seas and marine living resources; 3. Practical negotiation exercise Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
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
Week -02 1. Introduction and approaching research at postgraduate level; History and development of international environmental law; 2. Introduction to international negotiation practices and techniques; 3. 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; 4. Dispute Settlement and IEL: various cases Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
1. International regulation of Biological Diversity and Natural Resources; 2. Practical negotiation exercise Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes 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. Critically analyse and apply general principles and key components of international environmental law to complex international legal scenarios.
  • LO2. Critically evaluate the historical development of international environmental law from the 19th to the 21st centuries and contextualise recent advancements both internationally and nationally (both in Australia and generally).
  • LO3. Critically examine the legal and institutional framework of international environmental law, including its relationship with general public international law, the roles of relevant institutions, and the ways in which international environmental law is administered.
  • LO4. Propose strategies for effective implementation of international environmental rules and assess the appropriateness and effectiveness of compliance mechanisms, existing and proposed,applied when these are applied to complex international legal scenarios.
  • LO5. Critically analyse Australia's role in international environmental law and how international environmental law is integrated into State and federal 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.

Changes to assessment regime have been made.

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.