LAWENVIR 723 : Climate Change Law
Law
2024 Semester One (1243) (30 POINTS)
Course Prescription
Course Overview
Addressing climate change and its adverse impacts requires unprecedented transformative changes in terms of scale and scope of all sectors and systems (IPCC 2021). The law, both in an international and a national context, is a core governance tool to bring about such necessary changes. This course will provide an overview of the best-available climate science as assessed by the Intergovernmental Panel on Climate Change (IPCC) and will analyse the legal responses in place for their adequality, effectiveness and fairness in light of this science.
Students will examine the international legal framework under the UN, as well as its implications for national legal responses on mitigation, adaptation, and loss and damages. Students will examine core principles, inter alia, of prevention, polluter pays, sustainable development, and common but differentiated responsibilities and respective capabilities. Moreover, students will learn about the nexus of climate change and specific areas of law, such as those pertaining to human rights, migrant protection, indigenous peoples, trade and investment, ocean and marine environment, and biological diversity.
The course will also provide an up-to-date overview over litigation on climate change at various domestic, regional, and international courts.
The aim of this course is to provide a foundation of knowledge to enable students to think broadly and critically about how climate change interacts with various legal tools and disciplines, how adequate legal responses are in addressing this global challenge, and to consider their role in developing solutions.
Course participants do not require a legal background for this course. Previous course participants have come from backgrounds in science, economics, and policy.
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 7: | Collaboration |
Learning Outcomes
- More readily communicate knowledge in a manner that is accessible to others and can be utilised in a real world context. (Capability 6.1)
- Articulate and examine the risks that climate change presents in the context of Aotearoa New Zealand, including physical risk, legal risk and transition risks. (Capability 1.2, 2.1, 3.1 and 4.1)
- Identify and explain the proposed policy and regulatory pathway for the management of climate related risk in Aotearoa New Zealand. (Capability 1.2, 2.1, 3.1 and 4.1)
- Critically evaluate historic and current approaches to addressing climate change and climate related risk in policy and the regulatory system through comparison with other jurisdictions, including the equitability of the proposed regime. (Capability 2.1, 3.1 and 4.1)
- Independently research, analyse, and communicate a particular aspect of the regulatory system related to climate change, with a view to making recommendations by drawing on relevant theory, either for the status quo or an alternate approach, whether in their current or preferred field of legal practice, or another area of interest. (Capability 2.1, 3.1, 4.1, 5.1 and 6.1)
- Undertake a review of alternate viewpoints, critically evaluate the basis of ideas and comment constructively on a reasoned basis either to support or influence an alternate viewpoint. (Capability 4.1, 5.1, 6.1 and 7.1)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Discussions | 10% | Group & Individual Coursework |
| Research Outline | 10% | Individual Coursework |
| Research Essay | 80% | Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |||||
| Discussions | ||||||||||
| Research Outline | ||||||||||
| Research Essay | ||||||||||
Workload Expectations
This is an intensive 30-point course taught over five working days. The guideline for the total workload for this course is 300 hours.
Delivery Mode
Campus Experience
Attendance is expected over the five day intensive because the course is designed to be participatory, it depends upon students being personally present and contributing. The discussions will often go in interesting directions precisely because of the contributions of the class.
The normal expectation is that students will select their research topic during the course, based on particular aspects of the course that they find especially interesting and wish to pursue.
The classes will not be available as recordings.
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.
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.
The course has been continuously improved and updated to reflect experiences of previous courses.
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.