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Unit of study_

LAWS6141: Asia Pacific Environmental Law

Intensive October, 2021 [Block mode] - Remote

In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries, South East Asia Region ASEAN and Mekong countries, North Asian Region, Japan, Peoples Republic of China, South Asian Region, South Asian Association of Regional Cooperation SAARC Countries. In relation to each region the implications of international and regional environmental law and institutions will be explored followed by country specific case studies involving a range of issues such as biodiversity access to modern energy services, natural resources and environmental planning, industrial pollution, environmental impact assessment, climate change and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.

Unit details and rules

Unit code LAWS6141
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Rosemary Lyster, rosemary.lyster@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
Class participation
5% Ongoing 4 days
Outcomes assessed: LO1 LO5 LO4
Presentation Research outline presentation
Presentation of research outline
10% Week 06
Due date: 18 Sep 2021 at 09:00
15-20 minutes with PPT
Outcomes assessed: LO1 LO5 LO4 LO2
Assignment Research Essay Outline
Essay Outline
15% Week 06
Due date: 18 Sep 2021 at 09:00

Closing date: 02 Oct 2021
1000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Essay
Essay
70% Week 12
Due date: 31 Oct 2021 at 17:00

Closing date: 30 Nov 2021
6000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Research Essay Outline  (15%): Students are required to include a summary of the research proposal (for their essay – see below) of no more than 1000 words that includes a specific research question; discussion of the research topic; a preliminary list of research resources, including a description and relevance (annotated bibliography) of at least 8 articles, cases or books.This will be due at 9am on 18 September 2021. For word count limits, see Additional information tab.

Research outline presentation (10%): Students will be required to do a presentation accompanying their proposal to the class in a 15-20 minute presentation involving powerpoint slides. This will be due at 9am on 18 September 2021.

Research Essay (70%): This is a research essay assignment. You are required complete and submit an essay on the topic which you have chosen. These topics covered will be available in the Reading Guide. Your essay may be no more than 6,000 words in length (size 12, Times New Roman font). For rules relating to word limits, see Additional Information tab.

The originality and insightfulness of your essay topic, the quality of the argument/s you make, the demonstration of critical thinking, the research skills you demonstrate, the quality of your referencing and the clarity of your written communication and expression are all relevant parts of the assignment and will all be considered in marking. This will be due at 9am on 31 October 2021.

Class Participation (5%): The lecturer will note if you are present and will assess your level of participation in class exercises and discussion.

Class exercises and discussions are designed to improve students’ legal problem-solving skills and their ability to engage in critical analysis of issues and applying the law in each context or scenario. Participation marks provide a basis for assessing students’ ability to intelligently discuss and debate the law and its application to basic problems. Participation marks also assess students’ oral communication skills.

Attendance alone is not equivalent to participation. Accordingly, you will be assigned one of the following grades, based on evidence of preparation for the class, willingness to engage in discussion, and the quality of your contribution to the discussions: Excellent (75-100%), Good (50-70%), Poor (10-40%) or Zero (0%).​ Please note that these percentages will be converted to a  mark out of 5 for the calculation of your final grade.

  • A guide to the award of participation marks is as follows:
    • Zero (0%) – no evidence of preparation or contribution to small group or larger class discussion.
    • Poor (10-40%) – evidence of some preparation but no or very little contribution to small group or larger class discussion; poor quality of contribution displaying little understanding of the issues and demonstrating poor oral communication and legal skills.
    • Good (50-70%) – evidence of good preparation, active contribution to small group discussion; contribution of a quality that displays a reasonable to good understanding of the law, and good oral communication and legal skills.
    • Excellent (75-100%) – evidence of thorough preparation, active contribution to small group discussion and participation in the larger class; high level understanding of the law and critical analysis, evidence of excellent oral and legal skills.

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study 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

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 10% of the total marks available for the piece of assessment per calendar day or part thereof. A successful application for special consideration submitted for the Research Essay submitted after the closing date will include the following arrangement: For the research essay, students can choose another topic different from what was proposed.

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
Week 06 Introduction • State of the environment • Legal Framework, Theories and Principles • Issues in designing and implementing environmental laws Seminar (1.5 hr) LO1 LO4 LO5
• Introduction continued International and regional law, policy and institutions Seminar (1.5 hr) LO1 LO4 LO5
• Introduction to South-East Asia and to ASEAN • The Legal Framework for Environmental Protection in ASEAN and the Prospects for Regional Cooperation Seminar (1.5 hr) LO1 LO4 LO5
• Transboundary Pollution in ASEAN • Case Study: Indonesian Forest Fires and Issues of State Responsibility and International Liability Seminar (1.5 hr) LO1 LO3 LO4 LO5
• Energy and Climate Change in ASEAN Background • Key Issues • Human rights-based approach Seminar (1.5 hr) LO1 LO2 LO4 LO5
• Environmental Law and Policy in the Philippines • Case Study: Public Participation and Access to Justice in the Philippines Seminar (1.5 hr) LO1 LO2 LO4 LO5
• Environmental Law and Policy in China • Case Study: Public Participation and Access to Justice in China Seminar (1.5 hr) LO1 LO2 LO4 LO5
• Environmental Law and Policy in Japan • Case Study: Disaster Management, Environmental Damage and Liability – Fukushima Nuclear Meltdown in Japan Seminar (1.5 hr) LO1 LO2 LO4 LO5
• Environmental Law and Policy of South Asian Countries • Increasing recognition of the rights of nature in states in the Asia Pacific region, including India, Bangladesh and Sri Lanka Seminar (1.5 hr) LO1 LO2 LO4 LO5
• Environmental Law and Policy of Pacific Islands Countries • The three regional conventions in the South Pacific - Apia, Noumea and Waigani - as well as the involvement of South Pacific states in global conventions (CBD, CITES, WHC, Ramsar, Basel, Stockholm, Rotterdam, Minamata) Seminar (1.5 hr) LO1 LO2 LO4 LO5
Constitutional Litigation in the Supreme Court of India (Rosemary Lyster) Seminar (1.5 hr) LO1 LO2 LO4 LO5
Protection and Preservation of the Marine Environment under the UN Convention on the Law of the Sea: South China Sea Arbitration Case- The Philippines v China, 2016 Seminar (1.5 hr) LO1 LO2 LO4 LO5
Class Presentations Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Open Forum Q & A Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Feedback to students Seminar (2 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. 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.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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

All readings for this unit are available on Canvas on the Reading List tab.

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. Explain the development of environmental law and policy from an Asia Pacific context.
  • LO2. Identify an original topic of research and demonstrate knowledge in both oral and written form.
  • LO3. Conduct legal research and generate a medium length research essay.
  • LO4. Demonstrate oral communication skills and collaboration by discussing and debating theoretical propositions, methodologies and legal problems related to environmental law.
  • LO5. Apply environmental law to complex issues, and critique the law from a practical perspective, either individually or as part of a group.

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.

No changes have been made.

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.