LAW 7068 - International Energy Law (PG)

North Terrace Campus - Winter - 2014

This course will examine national jurisdiction over energy resources and the formulation of international energy law and policy in organisations such as the United Nations and the European Union. The role of international institutions such as the International Energy Agency (IEA), the International Atomic Energy Agency (IAEA) and OPEC will also be examined. The regulation of specific energy resources, such as nuclear energy and petroleum, will be addressed. International laws to combat climate change, and the implications for energy sector, will be discussed. The role of international law and institutions in promoting renewable energy, and the concept of access to energy as a human right, will also be explored.

  • General Course Information
    Course Details
    Course Code LAW 7068
    Course International Energy Law (PG)
    Coordinating Unit Adelaide Law School
    Term Winter
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Course Description This course will examine national jurisdiction over energy resources and the formulation of international energy law and policy in organisations such as the United Nations and the European Union. The role of international institutions such as the International Energy Agency (IEA), the International Atomic Energy Agency (IAEA) and OPEC will also be examined. The regulation of specific energy resources, such as nuclear energy and petroleum, will be addressed. International laws to combat climate change, and the implications for energy sector, will be discussed. The role of international law and institutions in promoting renewable energy, and the concept of access to energy as a human right, will also be explored.
    Course Staff

    Course Coordinator: Dr Alex Wawryk

    Course co-ordinator:

    Dr Alex Wawryk
    Rm 2.06, Ligertwood Building, North Tce
    alex.wawryk@adelaide.edu.au


    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Knowledge

    To develop an understanding of:
    1. the existence and structure of relevant international organisations and their role in the formulation of international energy law and policy;
    2. the key principles of European Union energy law and policy;
    3. the basic principles of petroleum arrangements between corporations and national governments, such as joint ventures and risk service agreements;
    4. the need for resolution of disputes between corporations and national governments, and in the context, the basic principles of international commercial arbitration;
    5. international laws governing the prevention of marine pollution by oil;
    6. the role of international institutions in developing renewable energy law and policy;
    7. key national measures to encourage renewable energy in electricity use;
    8. the importance of energy as a basic human need and the development of access to energy a human right;
    9. international arrangements for addressing climate change created under the UN Convention on Climate Change and the Kyoto Protocol to the Convention, and their impact on the energy industry;
    10. international and regional measures to address climate change, in particular emissions trading schemes; and
    11. international regulation of the use and development of nuclear energy and resources.

    2. Intellectual and Social Capabilities

    To develop:

    12. the cognitive skills to analyse, evaluate and synthesise information from a wide variety of sources and experiences arising between participants and stakeholders in the international energy industry so as to identify and address appropriate legal and related issues;
    13. an awareness and appreciation of the continuous state of development of legal principle applicable to international energy law, and a capacity to respond to such change and assist such development as appropriate;
    14. an awareness and appreciation of the political and socio-economic context of international energy law;
    15. critical thinking;
    16. oral and written communication skills of a high order, including the use of appropriate modern communication technologies;
    17. the capacity and commitment to learn and maintain intellectual curiosity, and to engage in life-long personal and professional learning;
    18. familiarity with, and proficiency in, legal research techniques, including in the appropriate use of modern research technologies; and
    19. an understanding of how legal skills may be employed to best serve the community in the field of international energy law.

    Attitudes and values
     To develop:

    20. the capacity to be informed, responsible and critically discriminating in relation to the development and application of international energy law;
    21. a commitment to the rule of law and social justice through the operation of law; and
    22. an understanding of social and cultural diversity, and sensitivity to the operation of the law and legal structures in the development and application of international energy law.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1-21
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 11-14, 18
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 13, 15
    Skills of a high order in interpersonal understanding, teamwork and communication. 16
    A proficiency in the appropriate use of contemporary technologies. 18
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 17
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 19
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 14, 20-22
  • Learning Resources
    Required Resources
    Students will be expected to have collected a copy of the prescribed readings from the Law School prior to the commencement of classes on July 21. The materials should be available approximately 6 weeks prior to the commencement of classes.
    Recommended Resources
    The Law Library subscribes to an on-line publication called OGEL, the Oil, Gas and Energy Law Intelligence service, available at http://www.gasandoil.com/ogel. You can access high quality articles on oil, gas and energy law from this site. Consult the Law Librarian for User ID and Password.

    The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee, Scotland, publishes freely available articles, book reviews and developments on its website: http://www.dundee.ac.uk/cepmlp/journal.

    Many international institutions provide access to official documents, other information and recent developments on their websites. Some useful sites for energy are:

    Online Learning

    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.
    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
     
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The topics covered in the first 4 days of this course will be taught in a combination of lectures and seminars. The seminars will comprise discussion focussed around a set of reading materials and questions issued prior to the class. These may be designed to develop certain themes or topics covered in the lectures, or to provide critical discussion of stand-alone topics. The seminar guides contain a general introduction to the law and to the general problems addressed by the law.

    Members of the legal profession may provide guest lectures on specialised topics of international energy law. The topics and guest lecturers will be confirmed in 2014.

    The fifth and final day of the course is a day dedicated to group discussion and presentations. More information on this day is set out below under the heading “Assessment”.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. Students in this course are required to attend all classes throughout the course.

    Classes in this course will be held as follows:

    9.00am – 4.00pm, Room 4.10, Ligertwood Building, with a lunch break, from Monday 21 July to Friday 25 July 2014.

    The full timetable of all activities for this course can be accessed from the Course Planner at https://access.adelaide.edu.au/courses/search.asp
    Learning Activities Summary

     

    DATE

    TOPIC

    PRESENTER

    DAY 1: MONDAY 21 JULY

     

    Welcome and Course Arrangements

    Alex Wawryk

    Topic 1

    Introduction to Energy Sources and Global Energy Markets

    Seminar, Alex Wawryk

    Topic 2

    Introduction to International Energy Law - Key Themes and Scope of Discipline

    Seminar, Alex Wawryk

    Topic 3

    The Formulation of International Energy Law and Policy: Sources and Actors

    Seminar, Alex Wawryk

    DAY 2: TUESDAY 22 JULY

    Topic 4

    International Petroleum Arrangements

    Lecture, Alex Wawryk

    Topic 5

    Dispute Resolution in the International Energy Industry: International Commercial Arbitration

    Lecture, Kath McEvoy, University of Adelaide
    (to be confirmed)

    Topic 6

    International Regulation of Marine Oil Pollution

    Seminar, Alex Wawryk

    DAY 3: WEDNESDAY 23 JULY

    Topic 7

    Climate Change and International Law: the United Nations Framework Convention on Climate Change and the Kyoto Protocol to the Convention

    Seminar, Alex Wawryk

    Topic 8

    Emissions Trading Schemes

    Lecture, Alex Wawryk

    Topic 9

    Energy Conservation and Renewable Energy

    Lecture, Emeritus Professor Adrian Bradbrook
    (to be confirmed)

    DAY 4: THURSDAY 24 JULY

    Topic 10

    European Union Energy Law: competition and energy markets

    Lecture, Katelijn Van Hende, UCL (Adelaide)
    (to be confirmed)

    Topic 11

    Energy and Investment Disputes

    Lecture, Alex Wawryk

    DAY 5: FRIDAY 25 JULY

    Topic 12

    International Regulation of Nuclear Energy

    Group Research and Presentation

     

     *This timetable and schedule of learning activities is subject to change according to the availability of guest lecturers in July* 

    Small Group Discovery Experience
    This course will provide for small group discovery through the use of small group in seminars to discuss pre-prepared answers to seminar questions; and by the small group research and presentation day regarding the regulation of nuclear energy.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment item % of final mark Due date Learning objectives
    Class participation in seminars 10%

    -

    1, 2, 5, 9, 12-22
    Group presentation 10% Friday 25 July 2014 11, 12-19
    Individual written assignment following group presentation 10% Friday 1 August 2014 11, 12-22
    Major essay 70% Monday 15 September 2014 1-22

     

    Assessment Related Requirements
    The group presentation, individual written assignment and the major essay are compulsory. Failure to complete these items of assessment will result in course failure.

    Students must achieve at least 50% in class participation to pass the course. Seminar questions are designed to improve students’ treaty interpretation skills, legal problem-solving skills, and their ability to engage in critical analysis of international energy law. Participation marks provide a basis for assessing students’ ability to intelligently discuss and debate the law and its application to basic problems. Failure to achieve 50% will result in course failure.

    Students who are unable to take part in the group presentation for medical or compassionate reasons must contact the Course Co-ordinator to arrange alternative, supplementary, written assessment.

    Students who miss a seminar for medical or compassionate reasons may contact the Course Co-ordinator to arrange alternative, supplementary, written assessment in lieu of the participation mark for that seminar.
    Assessment Detail
    Class Participation: 10%

    Each student will receive a grade at the conclusion of classes for their participation in class-room discussion during the course. This will be based on both their willingness to contribute comments and/or respond to questions and the quality of any contributions made.


    Group Presentation: 10%

    These will be done on Day 5 of the Course (Friday 25 July).

    At the end of formal classes on Day 4 of the Course, the class will be divided into small groups, and reading materials distributed to each group. The number of groups, and the number of students in each group, will depend on the number of students enrolled in the Course.
    Each group will be given one or two treaties concerning nuclear energy. Whether a group is given one or two treaties will depend on the size of the treaty and the size of the group. Each group will also be given two articles/references to read.

    On Friday, all students will meet in Room 4.20 of the Ligertwood Building at 9.10am as usual, before dividing into groups to begin their work. Each group will discuss the questions relating to their treaty, and at the end of day will give a short group presentation, addressing the following questions: the need for the Convention, that is, the “mischief” or problem(s) the treaty is meant to resolve; the history of the Convention; and the main provisions of the Convention (i.e how the treaty deals with the problem(s) it aims to resolve).

    If desired, further research can be done in the Law Library, or in the Hub on Hughes Plaza. The Course Co-ordinator will be available in Room 4.20 to answer questions from students that may arise during the course of the morning.

    Presentations will take place on Friday between 2.15pm and 4pm. Each presentation will be of a maximum of 15 minutes. Every student in the group must participate in the oral presentation. Each group must produce a visual aid for the class, which may be in the form of a handout or a powerpoint presentation. All visual aids will be made available to the class on MyUni at the end of the presentation day. Any group that wishes to produce a handout must give it to the Course Co-ordinator by 1.30pm, to allow time for the handout(s) to be photocopied for the class.

    Each group will be given a mark for their presentation. Each individual in the group will receive that group mark, which will be worth 10% of each student’s final grade.

    More information will be given to students in a separate document in the Course Materials and placed on MyUni.


    Individual Written Assignment following group presentation: 10%

    A paper of 1,000 words will be required on a further, critical question set in relation to a treaty concerning nuclear energy researched and analysed for the group presentations on Friday 25 July 2014. The assignment questions will be given to students at the end of the Group Presentation day on Friday 25 July 2014.

    This assignment must be researched, analysed, written and submitted by each student as an individual, not a group. It is designed to encourage individual critical analysis of the relevant treaty on nuclear energy that each student will have discussed in their particular group.

    Due date of written assignment: Friday 1 August 2pm


    Essay: 70%

    A paper of 5,500 words (including references) will be required on a topic to be selected from a list of topics provided by the lecturer and available on MyUni. Students may propose their own topic for approval by the lecturer prior to the conclusion of the course.

    Due date of Essay: Monday 15 September 2pm
    Submission
    Students must retain a copy of all assignments submitted.

    All assignments in this course are to be submitted electronically through MyUni. By submitting your assignment electronically you are agreeing to the following:

    I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.


    Details for electronic submission through MyUni will be provided with the assignment instructions.

    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    Extensions: Requests for extensions must be made via email to the course coordinator. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

    Penalties:

    • Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
    • Word Length: Assignments which exceed the allocated word length will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (for example, with a word limit of 3,000 words, an essay graded 63% will have 5% deducted if it is 3001 words long, resulting in a final grade of 58%; 10% if it is 3101 words long, etc). Words are calculated including all substantive text in the footnotes and headings within the text but excluding cover page information. Quotations are included in the word count.

    Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn for the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback, unless otherwise notified by announcement on MyUni. Students will be notified by email when assignments are ready for collection from the Law School Front Office.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Bachelor of Laws 2012 Commencing Student Guide or Re-Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.