LAW 2568 - Climate Change Law

North Terrace Campus - Semester 1 - 2017

Climate change poses enormous challenges due to its wide-ranging implications and long-term effects to the environment, economy and society. This course examines the various legal regimes, approaches and responses to climate change at the international and national level from the United Nations Framework Convention on Climate Change to Australian federal, state and local legislation. It will also consider the broader scientific, policy, ethical and normative debates that overlay and add context to the legal measures and solutions-undertaken to mitigate and adapt to climate change.

  • General Course Information
    Course Details
    Course Code LAW 2568
    Course Climate Change Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW1501 and LAW1508
    Course Description Climate change poses enormous challenges due to its wide-ranging implications and long-term effects to the environment, economy and society. This course examines the various legal regimes, approaches and responses to climate change at the international and national level from the United Nations Framework Convention on Climate Change to Australian federal, state and local legislation. It will also consider the broader scientific, policy, ethical and normative debates that overlay and add context to the legal measures and solutions-undertaken to mitigate and adapt to climate change.
    Course Staff

    Course Coordinator: Dr Manuel Solis

    Dr Manuel P. S. Solis
    Rm 418 Ligertwood Building
    Adelaide Law School
    E: manuelpeter.solis@adelaide.edu.au
    PH: 8313 9167
    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1. Explain the development of climate change law and policy from an international and Australian context.
    2. Identify an original topic of research and demonstrate knowledge in both oral and written form.
    3. Conduct legal research and generate a medium length research essay.
    4. Demonstrate oral communication skills and collaboration by discussing and debating theoretical propositions, methodologies and legal problems related to climate change.
    5. Apply climate change law to complex issues, and critique the law from a practical perspective, either individually or as part of a team.
    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3,4,5
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    4,5
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    4,5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4,5
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    4,5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    4,5
  • Learning Resources
    Required Resources
    There are no required texts in this course. Students will, however, need to be able to access a number of international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC), Kyoto-Protocol, the 2015 Paris Agreement and other pieces of Commonwealth and state legislation used during part of the course, in particular, on a range of areas such as emission reductions and trading schemes, renewable energy targets, carbon pricing mechanisms, energy conservation, and energy efficiency. These can be found online through the various United Nations and government websites.
    Recommended Resources
    TEXT BOOK(S)

    There are no recent general textbooks on climate change law specific to the laws in Australia and South Australia, although Alexander Zahar, Jacqueline Peel and Lee Godden's 2012 book  provides excellent general introduction to the range of issues that are commonly addressed in the Australian context. ▪ Alexander Zahar, Jacqueline Peel and Lee Godden, Australian Climate Law in Global Context (Cambridge University Press, 2012).

    OTHER REFERENCES

    Other reference that students may find useful: Daniel Farber, International Climate Change Law (OUP, 2016); Daniel Farber, Climate Change Law (Edward Elgar, 2016); Chris Wold, Climate Change and the Law (LexisNexis, 2nd ed, 2013; Nicola Swayne, Legal Responses to Climate Change (Federation Press, 2010); and David Hodgkinson and Renee Garner, Global Climate Change: Australian Law and Policy (LexisNexis, 2002).  

    The Law Library’s website contains links for conducting legal research, both primary sources (legislation and case law) and secondary sources (articles and books), at http://law.adelaide.edu.au/library/research/

    For journal articles, the Law Library’s link is: http://law.adelaide.edu.au/library/research/journals/

    For legislation, the Law Library’s link is: http://law.adelaide.edu.au/library/research/legislation/

    Recommended internet sites for legislation, which can also be accessed through the Law Library’s website are: ▪ Commonwealth of Australia Law (ComLaw) - http://www.comlaw.gov.au/  â–ª South Australian Legislation – http://www.legislation.sa.gov.au
    Online Learning
    MyUni will be used for communication and as a discussion board. Specifically, it will be utilised 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 Climate Change Law course has a value of 3 units and will involve three-hour block of lectures each week. Lectures commence in the first week of semester one. Also, lectures will take place in the same venue with a break at each hour or as required. The lectures will provide an introduction to the topics and issues dealt with that week. Sometimes the lecture will consist of a close reading of the materials for the week. At others, it will range more broadly and may include extracts from a documentary. Although it is a lecture, it will be run, in part, in seminar mode: i.e. the lecturer will be asking questions and inviting comments along the way. It is also considered useful to demonstrate how some of the issues dealt with in the lectures may then be applied in a practical sense and accordingly a number will examine problem scenarios and require students to address those problems given the legal and policy tools available. The problem exercises, which may include simulation exercises, will also illustrate some of the inherent complexities of applying a mixture of law and policy measures in this area as well as the very political nature of so many of the government decisions and actions on climate change issues. Guest speakers, if available, are expected to be drawn from academics and practitioners to provide lectures on highly specialized topics of climate change law.
    Workload

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

    The course requires a combined weekly commitment of 3 hours attending lectures or a total of 36 hours of formal class time across the semester. In addition to the time spent attending the lectures, there is a requirement that students prepare for the lectures. To actively and productively participate, students will have to do reading and preparation. Students should expect to spend 6-7 hours per week doing this. Approximately 10-15 hours should be spent on the research proposal and 30-50 hours should be spent on the research essay.
    Learning Activities Summary

    Learning Activities Schedule
    Week Topic

    Readings
    (TBA)
    Learning Activities
    (TBA)
    1 Introduction: Science & Ethics of Climate Change   
    2 International Politics and Negotiation 
    3 History of the International Climate Change Regime
    4 Structure and content of UNFCCC, Kyoto Protocol, Paris Agreement and Post-Paris regime
    5 Climate change and human rights
    6 Energy security/energy access
    7 Disaster risk management 
    8 Climate justice/Loss and damage
    9 Climate litigation
    10 Renewable energy and energy conservation
    11 Emissions trading/carbon taxes and pricing
    12 Forestry/agriculture/land use
    ** This is a draft timetable and is subject to change. The guest lectures and final order of topics will be confirmed in 2017** 
  • 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 Task Due Date/ Week Weighting Length(Word,Time) Learning Outcomes
    Class Participation (compulsory/non-redeemable) 10% CLO 1, 4, 5
    Research Presentation
    (compulsory/non-redeemable)
    Various dates beginning week 3 10% 3-5 minutes  CLO 1, 2, 4, 5
    Research Proposal
    (compulsory/non-redeemable)
    2PM, 3 April 2017 20% 1000 words CLO 1, 2, 4, 5
    Research Essay
    (compulsory/non-redeemable)
    2PM, 29 May 2017 60% 3000 words CLO 1, 2, 3, 4, 5
    Total 100%
    Assessment Detail
    • Class Participation (10%) The class participation mark is comprised of attendance, level of preparation and contribution to small and large group discussions. There is no minimum attendance requirement but a significant lapse in attendance will adversely impact this grade.

    • Research Presentation (10%, 3-5 minutes) Beginning in week 3, students will be scheduled to give a 3 to 5-minute presentation on their research topic. This presentation should provide an overview of the specific research question, the issue which is being addressed and why the topic is important for investigation. Where possible, the presentation should be interactive and perhaps make use of the AV equipment and handouts. At the conclusion of the presentation, there will be a brief Q/A session where classmates will have the opportunity to ask questions about the research topic and offer suggestions for the project.

    • Research Proposal (20%, 1000 words) This is a proposal for the research paper. It should be no more than 1000 words and should include a specific research question; discussion of the research topic; a preliminary list of research resources, including a description (annotated bibliography) of at least 8 relevant articles, cases or books. The essay proposal submitted will be marked for a total of 20% of the student’s grade. Essay proposals will also be separately considered by the course coordinator for approval as the topic which will form the basis of the major research essay component of the assessment. It is each student’s responsibility to develop an acceptable research topic. This may require reworking of the submitted essay proposal. Students are encouraged to consider potential research topics and to discuss these topics with the course coordinator (in person, by telephone discussion or via email communication) early in the course, so as to avoid problems. The research proposal is due on 3 April 2017, 2PM.

    • Research Paper (60%, 3000 words) For the major essay, students will undertake a substantial amount of independent research that follows on from their research proposal and presentation. The research essay will be no more that 3000 words long (excluding title page information and bibliography). Words are calculated including all footnotes or other references and all headings within the text. Quotations and all referencing information are included in the word count. Because research topics will usually have been discussed with individual students before approval, in practice this will not be an anonymous assessment. The skills that are of central importance for this essay include: ability to provide argument and critical thinking skills; ability to fairly reconstruct a position and argument in regard to a particular issue; and the ability to express your own thoughts and reason and argue about the material that you are addressing (this is your argument). • The research proposal and essay must be submitted electronically to Turnitin, a software program that checks for plagiarism. Instructions on submission to Turnitin will be distributed on MyUni. The essay is due on 29 May 2017, 2PM
    Submission
    The research proposal and essay must be submitted electronically to Turnitin on My Uni on the due date. Students must retain a copy of the research proposal and essay submitted. 

    Penalty for Late Submission

    When an assessment is submitted after the due date, without an extension, 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 and public holidays. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

    Penalty for Exceeding Stipulated Word Length

    5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3000 word essay graded at 63% will have 5% deducted if it is between 3001 and 3100 words long for a final mark of 58%. If the essay is between 3101 and 3200 words long, 10% will be deducted for a final mark of 53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.
    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.

    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.
  • 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
    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.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

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

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures 

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School 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.