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Natural Resources Law in Asia (LAWS90100)
Graduate courseworkPoints: 12.5Not available in 2017
Overview
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Natural resources are of critical importance in this globalised world of resources scarcity. This subject examines the legal framework governing natural resources in Asia through surveying the regulatory regimes for different types of natural resources (ie immobile mineral deposits, fluid fossil fuels, living organisms and emerging natural resources) in China, India and Myanmar—three large countries rich in natural resources, but with distinct governing regimes and underlying ideologies. The objective is to provide students with a practical understanding of this important area of economic regulation, and an appreciation of the broader normative considerations (ie efficiency and redistribution) that are applicable to similar issues elsewhere. This subject draws from the lecturer’s extensive academic scholarship on resources law, regulatory theory, and Asian legal systems.
Principal topics include:
- The normative theoretical framework for assessing resources law, in particular the controversies and ambiguities surrounding the conceptions of economic efficiency and redistributive fairness
- The constitutional framework in China, India and Myanmar governing natural resources, in particular provisions on property rights, ownership/allocation of natural resources, indigenous rights and the right to a clean environment
- The core legislation/regulation governing natural resources in the respective country (eg mining law, forestry/marine law, renewable resources law) with emphasis on provisions governing allocation, extraction and transfer
- The social, economic and political factors shaping the respective approaches towards natural resources management
- The comparative strengths and weakness of the three jurisdictions and general implications for natural resources management.
Intended learning outcomes
A student who has successfully completed this subject will be able to:
- Identify the relevant statutes/regulations and have an advanced understanding of he legal principles governing natural resources allocation, extraction and transfer in China, India and Myanmar
- Critically evaluate these legal rules with respect to the normative considerations of efficiency and redistribution
- Have an advanced understanding of the social, political and economic factors shaping these legal rules
- Recognise and assess the legal and normative implications associated with novel problems arising from natural resources management in other jurisdictions and/or contexts.
Students will also develop specialised skills to:
- Clearly articulate and convey complex information regarding different and highly complex regulatory regimes orally and in writing.
- Independently examine, research and analyze existing and emerging legal issues relating to resource regulation in multiple jurisdictions.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- Take-home examination (5,000 - 6,000 words) (90%) (4 - 7 August 2017)
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2017
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022