Environmental Law in Developing Countries - JURD7842
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 3
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
Excluded: LAWS3542, LAWS8242
CSS Contribution Charge: 2 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
The challenges faced by developing countries in seeking to balance priorities of development and environmental protection are substantially different from those confronting the world’s industrialised nations. In many contexts issues of poverty, wealth inequality and lack of technical and other capacity frustrate objectives of effective environmental governance. The implications of climate change for the viability and even survival of many developing nations and small island states is also one of the greatest challenges facing the globe. But there are also many highly innovative and effective governance responses to the sustainability challenge being applied in developing countries in different regions of the world.
This course examines these environmental legal and policy issues encountered in the developing country context. In addition to surveying the general environmental law challenges facing developing countries, the course will offer a comparative focus on innovative environmental law and policy developments in the Pacific Islands, Africa and South East Asia. The course will be taught in conjunction with the Law Faculty of the University of the South Pacific at the Emalus Campus in Port Vila, Vanuatu so as to expose students to an environmental legal system in a developing context. It will be taught in intensive mode over two weeks, and will include trips to a world heritage site (Chief Roi Mata’s Domain) and the award winning Nguna-Pele Marine Park, where customary and community law is observed. Students will have the option of staying on campus in student residences, or finding their own accommodation.
The course will be particularly relevant for students interested in the environmental law field and will introduce students to environmental law in developing countries. Students wanting a general introduction to environmental law in Australia and international environmental law should take Environmental Law (LAWS3361/ JURD7361) or International Environmental Law (JURD7619).
The course will have particular benefit for students considering practicing in the environmental law field, particularly as a legal practitioner, policy advisor or community advocate engaging with or working in the legal systems of developing countries.
This course examines these environmental legal and policy issues encountered in the developing country context. In addition to surveying the general environmental law challenges facing developing countries, the course will offer a comparative focus on innovative environmental law and policy developments in the Pacific Islands, Africa and South East Asia. The course will be taught in conjunction with the Law Faculty of the University of the South Pacific at the Emalus Campus in Port Vila, Vanuatu so as to expose students to an environmental legal system in a developing context. It will be taught in intensive mode over two weeks, and will include trips to a world heritage site (Chief Roi Mata’s Domain) and the award winning Nguna-Pele Marine Park, where customary and community law is observed. Students will have the option of staying on campus in student residences, or finding their own accommodation.
The course will be particularly relevant for students interested in the environmental law field and will introduce students to environmental law in developing countries. Students wanting a general introduction to environmental law in Australia and international environmental law should take Environmental Law (LAWS3361/ JURD7361) or International Environmental Law (JURD7619).
The course will have particular benefit for students considering practicing in the environmental law field, particularly as a legal practitioner, policy advisor or community advocate engaging with or working in the legal systems of developing countries.
Main topics
- The challenge of sustainability: balancing development and environmental priorities
- Introductions to Pacific island, South East Asia and South African environmental law
- From the international to the domestic sphere: developing country perspectives on international environmental treaty negotiation and implementation
- Regionalism in the South: comparing international cooperation for environmental governance in ASEAN, the African Union and the Pacific island region
- Customary institutions, civil society and environmental law in the Pacific, Africa and South East Asia
- Future directions for environmental law in the developing world
Recommended Prior Knowledge
Coursework or experience in the area of environmental law or similar subject desirable
Course Aims
The aim of this course is to acquaint students with the fundamental principles of environmental law and policy in developing countries; and to explain how these principles are applied particularly in the Pacific Islands, South East Asia and South Africa. Although these three countries are the ‘default’ comparative jurisdictions for this course, the concepts and principles that are discussed are intended to be referable to all developing country jurisdictions. The course also aims to examine regional policy solutions and the impact of international environmental law on domestic implementation. Field trips to a world heritage site and a marine park are intended to assist students to appreciate some of the challenges and successes of environmental law and policy in developing legal systems, including consideration of the role of customary/community law as a way to structure local practice, local landscapes and conserve biodiversity.
Learning Outcomes
At the conclusion of this course, students should be able to:
- Demonstrate awareness of the unique legal, policy and governance challenges faced by developing countries in seeking to achieve sustainable management of their natural resources and environments
- Identify the issues facing developing countries in negotiating and implementing international environmental agreements
- Demonstrate comprehension of recent innovative developments in Pacific Island Countries, South Africa and South East Asia in the field of environmental law
- Explain the different approaches taken to promote regional cooperation for environmental protection in the Pacific Islands, Africa and South East Asia
- Demonstrate effective oral communication skills by delivering accurate and insightful contributions in class
- Demonstrate effective written communication skills by articulating legal and policy concepts clearly, persuasively and appropriately
- Demonstrate an ability to incorporate a range of legal and interdisciplinary research sources in written communication with appropriate referencing
Assessment
| Class Participation | 10% |
| Small Group Presentation (on Case Study) | 15% |
| Essay – 3,000 words | 30% |
| Take Home Exam | 45% |
Study Levels
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