Dr Michelle Lim
Ph: 8313 0573
Room 3.08, Ligertwood Building (Adelaide Law School)
michelle.lim@adelaide.edu.au

On successful completion of this course, students will be able to:
1) Describe the planetary boundaries concept and the impacts of global environmental change in the current geological epoch of the Anthropocene;

2) Explain the sources of international environmental law and the content of international environmental law in the areas of climate change, biodiversity, water, oceans, polar regions, sustainable development and human rights;

3) Analyze the complexity of interactions across international environmental regimes and between other international regimes;

4) Describe how international environmental law is developed and implemented and critique the effectiveness of implementation regimes and institutions;

5) Assess whether international environmental law is fit for purpose in the Anthropocene;

6) Develop and execute original interdisciplinary research on a focused area of international environmental law.

Philippe Sands & Jacqueline Peel, “Principles of international Environmental Law” 4th  ed., Cambridge University Press, 2018

References

During the course there will be references to various sources, particularly on internet websites which students may find useful. Some of the more commonly used sites are listed below.

U.N.Treaty Collection: www.treaties.un.org

This site contains copies of all UN treaties together with data on which countries are signatories, date of operation, amendments etc

Australian
Treaties Database:  http://www.dfat.gov.au/treaties/index.html
This is an online resource maintained by the Australian Dept of Foreign Affairs and Trade for researching treaties to which Australia is a signatory or where Australia has taken other treaty action.

The United Nations Information Portal on Multilateral Environmental Agreements: https://www.informea.org/
This is a very useful website. Materials from this website will be used to supplement information provide in class. 


Other Texts (Most of these are available in the Law Library. The library has an extensive collection of other international environmental law texts. You are not expected to read all or indeed any of these suggested texts. They are provided though as helpful resources for understanding the course and delving into the research topic)

Fitzmaurice, M., Ong, D.M. and Merkouris, P., Research Handbook on International Environmental Law, Edward Elgar 2010. 
A very helpful reference with 30 contributors. Covers a extensive array of topics on International Environmental Law. 

Voight, C., Sustainable Development as a Principle of International Law - Resolving Conflicts Between Climate Measures and WTO Law, Martinus Nijhoff Publishers, 2009. 
A must read for anyone interested in the evolution of the concept of sustainable development. 

Rothwell, D.R., Kaye, S., Akhtarkhavari, A. and Davis, R. International Law, Cases and Materials with Australian Perspectives. Cambridge University Press, 2nd edn. 2004. 
Very useful particular for those who do not have prior grounding in international law. While not specifically focused on international environmental law there is a dedicated international environmental law section. The implications for Australia contained within the book are particularly relevant for this course. 

David Hunter, James Salzman, and Durwood Zaelke, International Environmental Law and Policy, 4th  edition, Foundation Press (Thomson Reuters in Australia), 2011

Ulrich Beyerlin & Thilo Marauhn, International Environmental Law, Hart Publishing Ltd, 2011

Additional web-links, further resources, assessment, important messages, topic notes, power point slides, case studies and other materials relating to the course will be placed on MyUni for the purposes of the course. MyUni can be found at www.myuni.adelaide.edu.au.

You should check the International Environmental law course link on MyUni regularly. Any announcements during the intensive will also be posted on MyUni and emailed to all students listed in the course.

Learning and Teaching Activities amounting to 24 hours (across lecture, seminar and structured learning activity formats) will be offered to students in this course. This will occur at intensive schools on 10-11 October and 24-25 October.

In addition, materials and instruction will be provided online to prepare students for the intensive school and for assessment. Content, delivery and assessment is aligned to enable students to achieve course and programme outcomes.

The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies.

Therefore, from Week 1, students are expected to spend an average of 12 hours a week on this course. This includes working through the readings and online materials provided each week and preparing for assessment tasks.

This course combines online self-directed learning with intensive schools which extend across 4-days (10am-4pm, 10-11 October  & 24-25 October).

The course is divided into 12 topics. With the exception of Week 1, which is comprised of 3 topics, two topics will be available online each week from Weeks 1-4. Students are expected to have engaged with this material prior to the first intensive school (10-11 October). Students will engage with Topic 10 (Environmental Law Futures –Scenarios) at the Intensive School. Students are expected to familiarise themselves with Topics 11 and 12 in Week 6. From Week 8 onwards students are expected to work on their assessment. The course coordinator will be available to respond to comments during this time.

Week 1 Topic 1: The Anthropocene
            Topic 2: Fundamentals of International Law
            
Week 2 Topic 3: The Research Process

Week 3 Topic 4: Climate Change

Week 4 Topic 5: The Law of Transboundary Watercourses

Week 5 Topic 6: Biodiversity and Ecosystem Services
           
Week 6 Topic 7: Polar Governance

Week 7 Topic 8: Sustainable Development
            
Week 8 Topic 9: Human Rights and the Environment

Week 9 Intensive School 10-11 October 2019
           Topic 10: Environmental Law Futures (Scenarios)

Week 10 Topic 11: The Law of the Sea
            

Week 11 Intensive School - 24-25 October 2019
             Topic 12: Regime interaction and implementation

There are three (3) components of assessment for this course. Each part of the assessment scheme is compulsory. This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

Assessment Task	Task Type	Due	Weighting	Length	Redeemable	Course Learning Outcome
Abstract (5%), Seminar Presentation (10%) and Participation (5%)	Individual	Abstract: 14 October 2019 Participation: 10-11 October; 24-25 October Seminar:  25 October 2019	20	Abstract: 300 words Seminar: 15 minutes	No	1,2,5,4,6 (depending on chosen topic could also include 3)
Group Submission and Presentation on Environmental Law Futures (Scenarios)	Group	Submission: 23 October 2019 Group Presentation: 24 October 2019	15		No	1-5
Research Essay	Individual	15 November 2019	65	5500 words	No	1,2,5,4,6 (depending on chosen topic could also include 3)

There are three (3) components of assessment for this course. Each part of the assessment scheme is compulsory.
This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assessment will be irrevocably lost, and the final mark obtainable will be reduced by that amount.

1) Abstract (5%), Seminar Presentation (10%) and Participation (5%) (total = 20% of the final result)
This group of assessment tasks not only help students to deliver a high quality final written assignment but also familiarise students with the academic research process.

Abstract (5%)  300 words
The abstract should include the title of the final written assignment; a few sentences which set out the background and context of the research topic; a clear research question; preliminary arguments and conclusion.

It is normal for thinking to evolve throughout the research process. Marks will NOT be deducted if the title (or even the content) of the final assignment differs from the submitted abstract. The writing of the abstract enables students to consolidate preliminary thinking about the written assignment and allows the course coordinator to guide students towards undertaking a manageable research project.

Seminar Presentation (10%) 
Effective communication is an essential skill in research. A workshop consisting of 10 minute seminars from all students will be held on the final afternoon of the intensive school. The workshop will allow students to develop academic communication skills, share their research with their peers and receive important feedback for their final written assignment.

Seminar Participation (5%) 
Collegiality is an important part of research. Students will be assessed on their ability to engage constructively with their peers. This process will also enhance students' broad understanding of a range of international environmental law topics.


2) Group Submission and Presentation on Environmental Law Futures (Scenarios) (15% of the final result)
The uncertainty and surprise which characterises environmental governance in the Anthropocene requires the design of international environmental law which is fit for purpose in a range of different possible futures.

Students will be provided with descriptions of a range of possible futures. From this they will be required to examine interactions across various international treaty regimes and the extent to which current international environmental law is adequate to acheive a desirable and sustainable future. Students will also consider what changes (e.g. legal, institutional, economic, social etc.) need to be made today to acheive the desired sustainable future of tomorrow.

Students will work in groups of 3. At the 1st intensive school students will choose their group members. Students will be required to convene prior to the 2nd intensive school and to submit an outline of their conclusions . At the second intensive school, each group will jointly present the findings of the group to other members of the class.


3) Written Assignment (65% of the final result) 

This assessment provides students with the opportunity to develop deep disciplinary knowledge in a chosen area of international environmental law and to consider the effectiveness of international environmental law in an era of global environmental change. The assignment assesses students' research, written communication and critical thinking skills.

Students must submit a 5500 word essay on a topic to be selected from a list of topics provided by the course coordinator at the commencement of the course. Students will be required to discuss their chosen topic through the lens of whether current international environmental law covering that subject area is fit for purpose in the Anthropocene.

Assignments must be submitted electronically through Turnitin and will be marked electronically and returned via the same medium. Instructions on how to lodge all assessment documents through Turnitin will be provided at the start of the course.

Assessment Criteria
Assignments will be assesed based on the following:
• The extent to which the paper engages with the task and provides ways forward for environmental law in the Anthropocene;
• Whether the paper has a clearly defined research question;
• Whether the topic and or argument are novel;
• How coherent the of thesis (argument) is;
• The depth of analysis and level of critical examination of the issues raised;
• Clarity of expression;
• Logical planning, structure and sequence;
• Evidence of comprehensive research and engagement with the relevant literature;
• The student demonstrates understanding of relevant legal materials;
• Correct application of relevant material
• Overall presentation, including correct grammar, spelling and punctuation
• Use of resources in formulating the paper including proper acknowledgment and correct
referencing

Fail 0 – 49
Does not develop coherent and rational arguments; demonstrates fundamental errors of understanding of key legal principles and concepts; little evidence of research to support arguments; demonstrates limited analytical and evaluative skills

Pass 50 – 64
Demonstrates a basic understanding of the relevant legal material eg legislation, cases and treaties; applies core texts and materials; arguments rational and coherent; adheres to referencing requirements

Credit 65 – 74
Demonstrates a high level of understanding of the relevant legal materials; has a thorough understanding of course materials; arguments are well constructed with appropriate supporting referencing; demonstrates some critical legal thinking and evaluative skills

Distinction 75 – 84
A very high standard of understanding of the relevant legal materials with some original and sophisticated perspectives included; paper demonstrates high level insight; broad ranging research undertaken; evidence of high level of critical thinking; well developed analytical and evaluative skills

High Distinction 85 - 100
Outstanding level of understanding and interpretation demonstrated; arguments are compelling and well supported by relevant authorities; the student has undertaken broad ranging research and demonstrated original and sophisticated thinking especially in relation to difficult areas of legal application; highly developed written communication skills demonstrated.

Students choosing to use this course to satisfy the requirements of the substantial research piece of scholarship for their program must undertake the required disciplinary research and produce a 7,000 - 8,000 word essay which will be assessed against publication standards. This essay will replace the above mentioned research essay.



Standard Adelaide Law School penalties re: late submissions and papers which exceed the word limits.

Standard Adelaide Law School submission requirements apply. Specific information will be provided in the assessment instructions for each item of assessment.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework
Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the  appropriate channels for academic review (such as an official re-mark).

 

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

 
*assurance of the qualifications of markers, and their knowledge of the content covered in each course;
*detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
*sharing of example marked assessments at various grade bands across markers;
*reviewing of selected marked assessments from each marker by the course coordinator;
*comparison of the marks and their distribution across markers;
*automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
*the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Honesty

Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.