成人大片

Paul Leadbeter
Ph: 83134441
Room 227, Ligertwood Building ( Adelaide Law School)
paul.leadbeter@adelaide.edu.au

This course will be taught in a semi intensive format over a 2 week period. The first week  will be in Week 7 on Thursday 30 April and Friday1 May 2015. The second week will be Week 8 on Thursday 7 May and Friday 8 May 2014. On all 4 days the course will run from 10am until 5pm with appropriate breaks for tea/coffee or other legal stimulants and lunch.

The course will be held in the Marjoribanks 128 BankSA Teaching Suite.

On successful completion of this course students will have developed an understanding of the role of international law in addressing global environmental problems, in particular climate change and the protection of biological diversity.
On successful completion of this course students will understand and be able to explain how the implementation of international obligations is dependant upon the development of implementing legislation at a Nation State level.
On successful completion of this course students will have developed an understanding of the basic principles underlying international environmental law, particularly the concept of sustainable development and the key international treaties developed to address climate change and the loss of biodiversity,namely the United Nations Framework Convention on Climate Change, the Kyoto Protocol to that Convention and the United Nations Convention on Biological Diversity.
On successful completion of this course students will have developed an appreciation of the complexity of the scientific, political, economic and social dimensions of international environmental law at a level sufficient to enable them to explain and debate those issues.
On successful completion of this course students will have developed the ablity to critically evaluate the effectiveness of international environmental law in terms of its implementation and enforceability.
On successful completion of this course students will have the ability to develop and present to an audience of their peers an argument to persuade decision makers to adopt appropriate international measures in support of an environmental issue.

Philippe Sands & Jacqueline Peel,, “Principles of international Environmental
law” 3rd  ed., Cambridge
University Press, 2012

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.

 

United
Nations Environment Program:  http://www.unep.org/

 

An
excellent site with many resources and links.

 

International
Union for the Conservation of Nature(IUCN): http://www.iucn.org/

 

The
IUCN is the world’s largest and oldest global environmental network. It has
more than 1,000 government  and NGO
members and more than 11,000 volunteer scientist members in more than 160
countries. The Adelaide Law School is a member of the IUCN Academy of
Environmental law. The IUCN  website has
links to an enormous amount of useful information.

 

OTHER TEXTS (These are
all available in the Law Library and are just a small list of the many texts
stored there)

Birnie, P.W. and Boyle, A.,  International Law and the Environment, 2nd edition,
Oxford University Press, 2006.

Atapattu,Samudu A, “Emerging Principles of International
Environmental Law”, 2006, Transnational Publishers

Lang,W, Neuhold, H , Zemanek,K ,” Environmental
Protection and International Law”, 1991

Cameron,James, Werksman, Jacob, Roderick, Peter “Improving
Compliance with International Environmental Law”, Earthscan Publications
Ltd, London, 1996

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

Elli Louka, International Environmental law,
Fairness, Effectiveness and World Order, Cambridge University Press, 2006

This is the first time that this course has been taught in an intensive format for some years. It is proposed to have introductory lectures to particular topics interspersed with problem based questions designed to prompt  discussion and debate within the class and require students to defend their positions based on their analysis of the relevant material set in the course readings. The first half day is likely to be largely of a lecture nature to ensure key relevant material is explained and identified. Students will be expected to have prepared for the sessions and be in a position to participate in that class discussion.

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

Contact time: This course is taught as an intensive subject and requires  24 hours of formal
class time.

Preparation time: In addition to attending formal classes it is anticipated that students
will do substantial independent work to prepare for classes and to complete the
course assignments.  

The areas to be covered in this course are as follows:

• Overview of global environmental problems;
• Introduction to international environmental law, including  Sources,Institutions,Non-government actors, and Treaty-making;
• Principles and concepts in international environmental law including Sustainability, Sovereignty,Common but differentiated responsibility, Inter-generational equity, Precautionary principle;
• Biodiversity and wildlife conservation including Protection of biological diversity,Trade in wildlife,Whaling and Regulation of invasive species;
• Climate change including Causes and effects,Treaty framework for mitigation,and Future climate change regime;
• Natural resources and habitat protection including possibly Polar regions, Forests, Protected areas and Ramsar and World Heritage sites;
• Human rights and the environment including International and regional conventions/declarations, Substantive rights, Procedural rights and Complaints mechanisms;
• The interface between international and domestic environmental law including Extra-territorial operation of domestic environmental laws and Direct operation of international environmental law in domestic legal systems;
• Implementation,compliance and enforcement of international environmental law.

There are no additional requirements for completion of this course other than described elsewhere in this document.

This course has traditionally been a small class.

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 item	% of final mark	Due date	Group or individual assessment	Redeemable	Learning objectives
Research Essay (5500 words)	65%	Monday 8th June 2015, 5pm	Individual	No	1(a)-(d)
Outline of Argument for problem based scenario (2,000 word limit)	25%	Tuesday 5 May 2015, 5pm	Individual	No	1(a)- (d)
Class Participation	10%	N/A	Individual	No	2

Students can redeem failed work by submitting additional work after consultation with and in a format approved by the lecturer. To be entitled to do this the student must have received a minimum grade of 40% for the work they are seeking to redeem.

When undertaking an assessment task, students are to be assessed according to whether
they are law or non-law graduates respectively. Where the nature of the task involves the
exercise of skills that law graduates can be expected to have practised or refined over a
longer period or to a greater degree than their non-law counterparts, an assessor may
legitimately expect a higher standard of performance from the law graduates in the course.

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.

 

(i)   WRITTEN ASSIGNMENT (65 % of the final result)

 This aspect of the assessment will provide students with feedback regarding their level of understanding of the course material and their 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 lecturer at the
commencement of the course.

The deadline for submission is Monday June 8, at 5pm. Assignments must be submitted electronically through Turnitin and will be marked electronically and returned through the same medium. Instructions on how to lodge all assessment documents through Turnitin will be provided at the start of the course.
Assessment Criteria
• level of insight and innovative thought
• depth of analysis and level of critical examination of the issues raised
• clarity of expression
• logical planning and sequence
• evidence of comprehensive research and consideration of the relevant literature
• demonstrated understanding of the comparative law method
• demonstrated 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; 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


(ii) OUTLINE OF ARGUMENT FOR PROBLEM BASED SCENARIO ( 25% of the final mark)
Each student is required to prepare and submit ( via Turnitin)  a written outline in dot point form of the argument they would put on behalf of one of the nominated parties in relation to one of a number of problem based scenarios which will be provided to students at the commencement of the course. at the start of the course which party they will prepare the argument for will be agreed between each student and the lecturer.

Word limit: 2000 words
Due date of written outlines: 5pm on Tuesday 5 May 2015.
The precise dates will be confirmed in the first seminar conducted for the course .

(iii)CLASS PARTICIPATION (10% of the final result)
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.


 

Please note the requirements and penalties re late submissions and papers which exceed the word limits. 
 

 

Students must retain a copy of all assignments submitted.
All assignments in this course are to be submitted  electronically through turnitin. 
Details for electronic submission through Turnitin 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:
1. Late Submission: Submission penalties of 5% (of the total mark of the assignment) each day (or part thereof) will be deducted for late submission (including weekends and public holidays), (ie an essay graded 63% will have 5 % deducted if it is one day late, for a final mark of 58%, 10% if it is two days, etc).
2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks available per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
Turnaround time: The written outline of argument assignment for this course will be returned to students within 2 weeks of the submission date. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when  marked and graded assignments with comments can be retrieved from the Turnitin portal. 
.
ASSIGNMENT GUIDELINES FOR REFERENCING
All written work in the Law school is required to comply with The Australian Guide to Legal Citation available at http://www.law.adelaide.edu.au/library/research/