1. Handbook
  2. Subjects
  3. Development, Environment and Int'l Law
  4. Print

Development, Environment and Int'l Law (LAWS90042)

Graduate courseworkPoints: 12.5On Campus (Parkville)

You’re viewing the 2018 Handbook:
Or view archived Handbooks
You’re currently viewing the 2018 version of this subject

Overview

Availability(Quotas apply)
August
FeesLook up fees

This subject will examine the nature and capacity of international law to accommodate both environment and development objectives. It will explore the meaning of ‘development’, the legal basis for promoting development, and the ways in which states balance environment and development considerations in international law. The nexus between development and the environment in international law is complex. International laws protecting the environment have evolved to take account of development considerations. Environmental treaties such as the United Nations Framework Convention on Climate Change provide for different commitments from developing and developed countries. Meanwhile, international cooperation fostering development has been shaped by environmental protection. Economic instruments, such as those governing international trade, impact on environmental regulation, and development lending is often linked to environmental performance. The catch-all concept of sustainable development is invoked by states to combine consideration for environmental, economic and social development imperatives leading to contested outcomes.

Principal topics include:

  • The historical evolution of the concept of ‘sustainable development’ in international law and the crafting of ‘Sustainable Development Goals’
  • A critical appraisal of characterisations of ‘rights’ to a clean environment and to development in international law
  • Case studies demonstrating how international laws to protect the environment take account of development considerations
  • Case studies demonstrating how international economic instruments impact on or integrate environmental protection
  • A critical assessment of the role of international law in states’ cooperative efforts to balance environment and development objectives.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the international legal principles governing the environmental impacts of development, including recent developments in this field of law and practice
  • Be able to critically examine, analyse, interpret and assess the effects and implications of these legal rules
  • Be an engaged participant in debate regarding emerging and contemporary issues in the field, such as the place of ‘sustainable development’ in international environmental law and the relationship between international economic instruments and environmental protection
  • Have a sophisticated appreciation of the factors and processes driving the coordination of development and environment objectives in international decision-making
  • Have an advanced and detailed understanding of the international laws and processes that attempt to combine environment and development considerations
  • Have the cognitive and technical skills to generate critical and creative ideas relating the relationship between development and environmental protection in international law and to critically evaluate the outcomes from the different perspectives of the North and the South
  • Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to the intersection between the development project and environmental impact
  • Have the communication skills to clearly articulate and convey complex information regarding international legal instruments and concepts that aim to balance development and environment objectives
  • Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of international law at the intersection of development and environmental protection priorities.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Melbourne Law Masters Students: None

JD Students: 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 presentation (10 mins) including question time, prepared in small groups and individually during teaching week (15%)
  • Research paper (8,000 words) (85%) (31 October) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • August
    Principal coordinatorAlice Palmer
    Mode of deliveryOn Campus (Parkville)
    Contact hours24-34 hours
    Total time commitment150 hours
    Pre teaching start date 4 July 2018
    Pre teaching requirementsThe 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.
    Teaching period 1 August 2018 to 7 August 2018
    Last self-enrol date 2 July 2018
    Census date 1 August 2018
    Last date to withdraw without fail21 September 2018
    Assessment period ends31 October 2018

    August contact information

    Lecturers

    Ms Alice Palmer (Coordinator)
    Assistant Professor Usha Natarajan

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

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

Last updated: 3 November 2022