Environmental Law

This subject has the following teaching availabilities in 2009:

120 +/- 24 hr

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Constitutional Law; Administrative Law; Property or in each case their equivalents.

The subject aims to give students a basic grounding in environmental law in Australia. It explores four main topics: (1) the concept of environment in law (2) environmental governance and regulatory systems (3) the role of science in environmental law (4) the international dimension of environmental regulation.

This subject aims that students should:

(1) Develop a critical knowledge of the concept of environment in law and the ways in which it has evolved over time.

(2) Gain an understanding of governance and regulatory systems in the field of environmental law in Australia, including a basic working knowledge of the principal federal environmental legislation.

(3) Develop an appreciation of the interrelationship between national and international environmental law.

At completion of the subject, students should demonstrate:

• An appreciation of environmental concepts that inform the content and operation of environmental law;
• An understanding of State/Federal relations in regulation of the environment in Australia;
• An ability to analyse critically federal legislation and cases related to environmental issues;
• An understanding of the basic principles of international environmental law and the importance of international environmental law for Australia; and
• An ability to think critically about contemporary legal issues in the environmental field.

Research essay 3500 words due mid semester (worth 65%) and 1 .5 hr end of semester examination (worth 35%) OR three hour end of semester examination (100%).

Lee Gooden and Jacqueline Peel, Environmental Law: Scientific, Policy and Regulatory Dimensions (OUP, 2010)

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to solve problems, including through the collection and evaluation of information
• the capacity to communicate, both orally and in writing
• the capacity to plan and manage time
• the capacity to participate as a member of a team
• intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

• Legal writing
• Legal research (for those doing the essay option)