LAWENVIR 404 : Climate Change Law

Law

2024 Semester Two (1245) (15 POINTS)

Course Prescription

An introduction to and critical examination of multi-sourced climate change law from a New Zealand perspective. Against the relevant international law backdrop, the course critically surveys and assesses domestic New Zealand climate change law including the ‘zero-carbon’ legislative framework, emissions trading, common law, climate change under planning and environmental law, and the emerging legal regime on managed retreat.

Course Overview

Climate change is widely regarded as one of the most challenging contemporary global issues with profound implications for the environment, society, businesses, and the law. This course is for students who are keen to develop a practical and critical understanding of climate change law from an Aotearoa New Zealand perspective. It will begin with an overview of the topic of climate change, including the state of the science, key policy, and legal challenges and concepts before surveying the international legal framework and institutions. It then explores the evolution of climate change law and policy in New Zealand including planning law, zero-carbon legislation, the impact of Te Tiriti o Waitangi/tikanga Māori and the role of the independent climate change commission. Specialist topics covered include: corporate and commercial dimensions of climate change law, displacement and migration, and the role and impact of climate change litigation at the domestic and international level. Guest lecturers will provide their perspectives on particular topics.

Course Requirements

Prerequisite: 30 points at Stage II in Global Environment and Sustainable Development or LAW 201, 211, 231, 241

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and critically evaluate key components of the international legal framework concerning climate change mitigation, adaptation, and loss and damage. (Capability 3.1 and 3.2)
  2. Articulate and effectively apply the core elements of Aotearoa New Zealand's domestic climate change law and policy, including zero carbon legislation, emissions trading scheme, planning and environmental law and the common law. (Capability 1.2, 2.1, 3.2, 4.1, 5.1 and 6.1)
  3. Synthesise and communicate the proposed policy and regulatory responses for the management of climate-related risk in Aotearoa New Zealand. (Capability 1.2, 2.1, 3.2, 4.1, 4.2 and 5.1)
  4. Explain and critically analyse the role and impact of Te Tiriti o Waitangi and tikanga Māori on emerging legal and policy responses to climate change in Aotearoa New Zealand, Te Moananui-a-Kiwa and the world. (Capability 1.1, 1.2, 2.1, 4.1 and 6.1)
  5. Demonstrate effective analytical, research and written communication skills. (Capability 3.1, 3.2, 4.1, 4.2, 6.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Quizzes 10% Individual Coursework
Research assignment 50% Individual Coursework
Final Exam 40% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Quizzes
Research assignment
Final Exam

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at lectures and any relevant class activities.
Lectures will be available as recordings.
The course will include group discussions.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

There are no required texts. 
Recommended texts include: 
Vernon Rive and Julia Harker Laws of New Zealand: Climate Change (LexisNexis NZ, Wellington, 2017); 
Daniel Bodansky, Jutta Brunnée and Lavanya Rajamani International Climate Change Law (Oxford University Press, Oxford, United Kingdom, 2017).
See Talis page for further recommended materials and the weekly readings.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

This is a new course.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 27/10/2023 10:46 a.m.