LAWENVIR 729 : Special Topic: Comparative Environmental Law

Law

2020 Semester One (1203) (30 POINTS)

Course Prescription

No prescription

Course Overview

This course aims to enable students to critically reflect upon the core purposes, structures and principles upon which environmental law of different jurisdictions is based. In particular, to understand what are the main similarities and differences of New Zealand, European and German environmental law. Other jurisdictions may be included if this is adequate.

The course presents selected topics in environmental law from an internationally comparative perspective, including: the purpose of environmental law; its subject, instruments, principles and actors; concepts of sustainable development; the administrative procedure in environmental law; judicial review; and compensation and liability.
Finally, the course will focus on special areas of environmental law. Due to the current discussion on the future of our plant (“fridays for future”) especially climate change, air pollution and land use will be examined from the environmental law perspective.
The course seeks to foster an understanding of the basic principles, main structures and most important similarities of environmental laws that are imbedded in different jurisdictions. It examines the New Zealand, European and German environmental law from different perspectives and with respect to a variety of subjects. No prior knowledge of environmental law is required.  
Topics may include:
  • Definition of environment
  • State of environment
  • Competence to set rules of environmental law
  • Instruments of environmental law
  • Direct effect of EU environmental law in member states
  • Content and purpose of the sustainable development principle
  • Risk evaluation scheme
  • Environmental risk assessment
  • Precautionary principle
  • Participation and information of the public on environmental matters
  • Incorporation of indigenous people’s interests
  • Climate change and air pollution law

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand the basic elements of environmental law with reference to different jurisdictions (Capability 1.1, 2.1, 2.2 and 5.1)
  2. Critically reflect upon the legal procedures, principles and instruments of environmental law and their benefit to secure nature. (Capability 2.1, 2.2, 2.3, 4.1 and 5.1)
  3. Become familiar with the core structure of judicial review of environmental law cases. (Capability 2.2, 3.1 and 3.3)
  4. Effective written communication and legal research through the completion of a research essay. (Capability 2.1, 2.2, 2.3, 3.3, 4.1, 4.2 and 4.3)
  5. Communicate effectively by providing insightful contributions as a part of seminar discussions in the course. (Capability 4.1, 4.2 and 4.3)

Assessments

Assessment Type Percentage Classification
Class participation 10% Individual Coursework
Research outline 10% Individual Coursework
Research essay 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Class participation
Research outline
Research essay
Class Participation
The 10% class participation marks comprises two elements. 
  1. Each student will “lead” a discussion on a particular seminar topic during the semester. Each seminar topic will have a series of readings allocated to it, along with some guided questions. The student(s) nominated to lead the discussion will be asked to be the main contributor and facilitator of class discussion on that particular topic. 
  2.  Each student is expected to make individual contributions to the seminar discussions throughout the course. Students will be individually assessed on the quality of their contributions as set out below. 
Criteria and marking for class participation (10%) 
  • The extent of preparation for leading the discussions, the analysis of the reading materials and guided questions
  • The depth and thoroughness of understanding of the reading materials and guided questions 
  • The ability to draw worthwhile conclusions in the class discussion 
  • Thoughtfulness of contributions 
  • Generally, engagement in class and respect for fellow students 
Research Outline 
The research outline component comprises three elements. 
  1. Each student must submit a research outline to Canvas by 12 noon on 18th June 2020. The research outline should commence with an abstract that outlines the proposed research question and main thesis of the student’s research essay. The research outline then should provide an outline of the structure of the proposed research essay. This structure should follow Appendix 7 of the New Zealand Style Guide (3rd edition). That is, it should contain Major headings, Minor Headings, Sub-Headings and Paragraph Headings. 
  2. Each student must orally present their research question and main thesis to the rest of the class on the 13th June 2020. Each presentation will be no longer than 5 minutes (not including follow-up questions and answers). 
  3. Each student must comment on another student’s research outline on Canvas by 12 noon on 18th June  2020.  
Essay
Each student is required to submit a research essay of no more than 12,500 words (including an abstract/synopsis of approximately 200 words). 

Learning Resources

Reading Materials
Reading materials will be listed on the student information system Canvas. Students may also be asked to access additional materials via the Internet or in the Davis Law Library. All students are expected to read and study all the assigned reading for each class.

Workload Expectations

There will be 36 contact hours in this course. As a postgraduate course, there is an expectation that you prepare well for each class. The nature of the substantive assessment involving independent research also requires a significant amount of work outside of class. As a general guide, you should expect a workload of six hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

Digital 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.

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 against online source material using computerised detection mechanisms.

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 at 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.

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.

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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 03/02/2020 06:10 p.m.