LAW 2568 - Climate Change Law

North Terrace Campus - Trimester 3 - 2022

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.

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Course Details

Course Code	LAW 2568
Course	Climate Change Law
Coordinating Unit	Adelaide Law School
Term	Trimester 3
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
Restrictions	Available to LLB and B.Criminology with B.Laws and BArts Advanced with B.Laws students only
Assessment	Quizzes 10%, Annotated bibliography and essay plan 30% and Research essay 60%

Course Staff

Course Coordinator: Dr Kerryn Brent

Dr Kerryn Brent
Course Coordinator & Senior Lecturer
Adelaide Law School, Ligertwood Building, Room 311
Ph: 08 8313 2878
kerryn.brent@adelaide.edu.au
Please contact me by email

Course Timetable

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

Course Learning Outcomes

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

Explain the development of climate change law and policy from an international and Australian context.
Critically reflect on the range of social, political, ethical, economic and ecological factors that influence climate change law, policy, and decision-making.
Conduct legal research and generate a medium length research essay.
Demonstrate oral communication skills and collaboration by discussing and debating theoretical propositions, methodologies and legal problems related to climate change.
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)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1,2,3,4,5
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2,3,4,5
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	4,5
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	4,5
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	4,5
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	2, 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).

For a comprehensive overview of international climate change law, see Daniel Bodansky, Jutta Brunnée, and Lavanya Rajamani, International Climate Change Law (Oxford University Press, 2017); Benoit Mayer, The International Law on Climate Change (Cambridge University Press, 2018).

For a general textbook on environmental law in Australia, see Lee Godden, Jacqueline Peel & Jan McDonald, Environmental Law (Oxford University Press, 2nd ed, 2019).

OTHER REFERENCES

Other reference that students may find useful: Daniel Klein et al. (eds), The Paris Agreement on Climate Chnage (OUP, 2017); Daniel Farber and Marjan Peeters (eds), Climate Change Law (Edward Elgar, 2016).

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: âÂª Commonwealth of Australia Law (ComLaw) - http://www.comlaw.gov.au/ âÂª 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 lecture materials (including slides, and lecture 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 be delivered intensively over one week. Formal class time will comprise of 20 hours of pre-recorded lectures and 10 hours of face-to-face seminars.

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 course requires a commitment of 30 hours of formal class time in one week. Formal class time will comprise of 20 hours of pre-recorded lectures and 10 hours of face-to-face seminars. Students are strongly advised not to undertake work or other commitments during the teaching week.

In addition to the time spent watching the lectures and attending seminars, students are expected to complete set readings, amounting to 6-7 hours per topic. To actively and productively participate in seminars, students are required to do reading and preparation prior to attending class. Compulsory seminar readings will be set out in myuni.

Learning Activities Summary

A schedule of topics will be provided through MyUni.

Topics that may be covered include:

Climate change science
The international climate change regime, including UNFCCC, Kyoto Protocol and Paris Agreement
Climate change litigation
Climate change adaptation
Climate change and the oceans
Climate change law and policy at a Commonwealth and state level
Climate intervention (i.e. carbon dioxide removal and solar geoengineering)

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

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

Assessment Summary

Assessment Task	Task Type	Due	Weighting	Length	Redeemable	Learning Outcomes
Seminar participation	Individual	Students allocated one seminar topic during delivery week	15%		No	1, 2, 4, 5
Annotated bibliography and essay plan	Individual	14 October 2022 10am	30%	2500 words	No	1, 2, 5
Research Essay	Individual	23 November 2022 10am	55%	3500 words	No	1, 2, 3, 5
Total			100%

Assessment Detail

Seminar Participation
In seminars, students are expected to participate in group discussions and activities, and actively contribute to the class. Students will be allocated one seminar topic in which they will a seminar leader. There may be multiple seminar leaders per topic. Seminar leaders will be expected to lead discussions and activities, and may be called upon specifically to answer questions. Students will be evaluated on the quality of their engagement and contributions for the class in which they are a seminar leader.

Annotated Bibliography and Essay Plan
Students are to select a research question from the list provide that will form the basis of their major essay. For this task, students are to research and review literature relating to their chosen question and produce an annotated bibliography that summarises and evaluates key sources. Students are also to submit an essay plan. This task must be submitted electronically to Turnitin, a software program that checks for plagiarism. Instructions on submission to Turnitin will be distributed on MyUni.

Research Essay
For the major essay, students will undertake a substantial amount of independent research that follows on from their annotated bibliography and essay plan. The research essay will be no more than 3500 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. The essay must be submitted electronically to Turnitin, a software program that checks for plagiarism. Instructions on submission to Turnitin will be distributed on MyUni.

Submission

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

The annotated bibliography and essay must be submitted electronically to Turnitin on My Uni on the due date. Students must retain a copy of the annotated bibliography 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 4000 word essay graded at 63% will have 5% deducted if it is between 4001 and 4100 words long for a final mark of 58%. If the essay is between 4101 and 4200 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.

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 feedback The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
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.

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.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (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 Integrity 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.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator