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Environmental Compliance and Enforcement (LAWS90089)

Graduate courseworkPoints: 12.5Not available in 2019

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Overview

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Environmental protection is one of the central policy issues in the world today. Approaches to protecting the environment vary widely, as do perspectives about the efficacy of such approaches. This subject provides an advanced inquiry into environmental regulation with a special focus on compliance issues. The subject includes review of critical strategies that are in use throughout the world to promote environmental protection, including market-based approaches, regulatory approaches, common law approaches and information-based approaches. The subject also reviews key legal and policy issues that relate to promoting compliance with environmental requirements including, for example, different theories for promoting compliance (deterrence-based, cooperation-based, hybrid approaches, etc). In addition, the subject explores important authorities for government and citizen enforcement, including litigation and the types of authorities that enhance government and citizens’ capacity to enforce effectively. As well, the subject assesses the role of international institutions in promoting effective enforcement.

The lecturer in this subject has received multiple honors for his academic scholarship. In addition, he has extensive practical experience in international governance as well as service as a federal and state official. The lecturer served as Director of the NAFTA Commission’s Citizen Petitions Process, and as an enforcement official in the United States with the US Department of Justice, US Environmental Protection Agency and New York State Department of Environmental Conservation.

This subject provides a critical assessment of contemporary approaches to environmental regulation, with a specific focus on environmental compliance.

Principal topics include:

  • Review of strategies available to promote environmental protection
  • Examination of theoretical approaches to promoting environmental compliance
  • Assessment of important legal authorities for effective environmental compliance, including consideration of citizens’ enforcement
  • Review of the possible role that international institutions may play in improving domestic environmental compliance.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have a sophisticated capacity to recognise and assess potential strategies intended to promote environmental protection
  • Be in a position to critically examine and analyse different approaches to promoting environmental compliance from a theoretical perspective;
  • Have developed an increased ability to assess approaches to promoting environmental compliance based on the types of authorities likely to be important to advancing compliance; and
  • Be able to define and analyse the roles that international institutions might play in enhancing domestic governance.

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 participation (10%)
  • Short written assignment (1000 words) (10%)
  • Take-home examination (5,000 - 6,000 words) (80%)

A minimum of 75% attendance is a hurdle requirement.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

Not available in 2019

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

Last updated: 3 November 2022