Unit outline_

LAWS6342: Environmental Markets

Intensive May - June, 2025 [Block mode] - Camperdown/Darlington, Sydney

Environmental degradation is often caused by various forms of market failure. At the same time, it is recognised that market-based instruments (MBIs) can function as legitimate and effective legal tools for environmental protection. MBIs are instruments or regulations that encourage behaviour through market signals, rather than through direct regulation alone, and are applied broadly at both the international and national level to improve environmental quality and resource conservation. Markets are not, however, a panacea for the environmental issues we face, and MBIs can undermine environmental objectives if those instruments are not well designed and implemented. This unit will study the role of markets and financial incentives in addressing environmental and natural resource issues, and analyse the conceptual foundation for their use. It will then survey a range of MBIs, including marketable permits, offset programs and load-based licensing, across a diverse range of environmental issue areas, including climate change, renewable energy, water and biodiversity. The Unit will examine the key contributions MBIs can make to environmental regulation, as well as the relevant 'watchpoints' as these instruments develop in terms of environmental protection. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

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

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Katherine Owens, kate.owens@sydney.edu.au
The census date for this unit availability is 6 June 2025
Type Description Weight Due Length
Participation Structured Class participation (10%)
Structured class participation
0% Ongoing Ongoing
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment AI Allowed Research Abstract (5%)
A concise abstract for the Research Essay
0% Week 01
Due date: 30 May 2025 at 17:00

Closing date: 30 May 2025
300 words/ 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Skills-based evaluation Presentation of Research Essay Plan (25%)
A 10-minute presentation; A 10-minute discussion/Q&A
0% Week 05
Due date: 23 Jun 2025 at 17:00

Closing date: 23 Jun 2025
20 minutes
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment AI Allowed Independent research essay (60%)
Research Essay
0% Week 06
Due date: 04 Jul 2025 at 17:00

Closing date: 11 Jul 2025
6000 words/ 5 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment AI Allowed Alternative capstone essay (90%)
Research Essay
0% Week 06
Due date: 04 Jul 2025 at 17:00

Closing date: 11 Jul 2025
8000 words /7 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
AI allowed = AI allowed ?

Assessment summary

Structured Class participation (10%): This component of assessment is intended to promote the development of oral communication skills, and allow students to contribute their own perspectives, by working collaboratively on class problem-solving exercises, and by participating in class debate and discussion. In addition to general participation, students will be 'on call' for specific lectures, meaning they should be prepared to contribute to class discussions on that topic. An 'on call' schedule will be distributed two weeks before class commences. This component is not optional, and is worth 10% of the final grade.

Independent Research Essay (60%): Students will research and write an essay designed to evaluate their ability to formulate, and conduct independent research into, a question of potential significance for environmental markets and/or particular MBIs and to present the arguments developed in light of that research in a balanced and scholarly manner. Building on feedback from the Research Abstract and Presentation of Research Essay Plan (see below), this final assessment component allows students to refine their arguments and produce a piece of research that contributes meaningfully to discussions on environmental markets and MBIs. A list of suggested topics will be provided in class, but students are also welcome to develop their own topic. The Independent Research Essay must be 6000 words and is due at 5:00pm on 4 July 2025 (Sydney, Australia time).

Research Abstract (5%): Students will submit a concise research abstract (300 words) outlining their chosen topic, research question, and proposed approach by 5:00pm on 30 May 2025 (Sydney, Australia time). This abstract serves as a foundational step for the Presentation of Research Essay Plan and Research Essay, ensuring that students have identified a topic of significance and framed it in a way that allows for meaningful analysis. A marking rubric for the final abstract will be provided, which sets out the relevant criteria and expectations.

Presentation of Research Essay Plan (25%): Students will participate in a 20-minute oral session via Zoom on 23 June 2025, starting at 9:00am, consisting of:

  1. 10-minute presentation, summarising key literature, emerging arguments, and research direction.
  2. 10-minute discussion/Q&A, where students will receive feedback, answer questions, and refine their thinking.

This session is designed to gives students an opportunity to:organise and articulate their ideas clearly; demonstrate their engagement with key literature and theories; and receive valuable insights and guidance before completing their final essay. 

A marking rubric will be provided, which sets out criteria and expectations. Assessment will be based on:

  • Clarity and structure of the presentation.
  • Depth of engagement with relevant literature.
  • Ability to engage with questions and openness to feedback.

Alternative - Capstone Essay (90%): LLM students who are undertaking this unit of study towards the end of their degree, and need a capstone experience to complete their degree, may wish to apply to the unit of study coordinator to undertake the assessment option of a Capstone Essay. If the capstone essay is chosen, it will contribute to 90% of the final grade, the assessment tasks will be adjusted as follows: Capstone essay (8,000 words) weighted at 90%, due at 5:00pm on 4 July 2025 (Sydney, Australia time), and class participation weighted at 10%. 

Word limit 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 all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). 

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software. 

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

Assessment requirements 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

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 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. 

 

For more information see guide to grades.

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

Except for supervised exams or in-semester tests, you may use generative AI and automated writing tools in assessments unless expressly prohibited by your unit coordinator. 

For exams and in-semester tests, the use of AI and automated writing tools is not allowed unless expressly permitted in the assessment instructions. 

The icons in the assessment table above indicate whether AI is allowed – whether full AI, or only some AI (the latter is referred to as “AI restricted”). If no icon is shown, AI use is not permitted at all for the task. Refer to Canvas for full instructions on assessment tasks for this unit. 

Your final submission must be your own, original work. You must acknowledge any use of automated writing tools or generative AI, and any material generated that you include in your final submission must be properly referenced. You may be required to submit generative AI inputs and outputs that you used during your assessment process, or drafts of your original work. Inappropriate use of generative AI is considered a breach of the Academic Integrity Policy and penalties may apply. 

The Current Students website provides information on artificial intelligence in assessments. For help on how to correctly acknowledge the use of AI, please refer to the  AI in Education Canvas site

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

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.

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 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. 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 -02 1. Markets for Natural Resources: Allocation and Sustainability (Ctd) 2. Markets for Pollution Control and Environmental Quality Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
1. Markets for Emissions Reduction and Renewable Energy Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
Week -03 1. Environmental Markets in Context 2. Foundations of Regulatory Design and Market-Based Instruments (MBIs) 3. Case study: Designing an environmental market Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
1. Practical Challenges in Designing and Implementing Environmental Markets 2. Markets for Natural Resources: Allocation and Sustainability Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

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 can be available on Canvas.

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 how environmental issues are regulated through MBIs and identify the ethical implications and significance of these instruments in environmental law.
  • LO2. Critically evaluate the foundational principles of environmental markets and articulate their connection to ecologically sustainable development and their relationship to legal frameworks.
  • LO3. Describe to an advanced level the regulatory characteristics of environmental markets and the underpinning considerations for their design ensuring effectiveness and compliance.
  • LO4. Examine and differentiate the roles and responsibilities of various stakeholders in the governance and operation of MBIs.
  • LO5. Communicate and defend personal perspectives on environmental markets, MBIs, and environmental regulation by employing sound and logically structured legal argument and be prepared to share these with diverse audiences
  • LO6. Apply relevant legal research methodologies to investigate environmental markets and/or particular MBIs, appropriately synthesising primary and secondary sources and presenting findings in a balanced and scholarly manner.

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 assessment regime for this unit is now more tightly scaffolded to the Research Essay.

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.