Negotiating Environmental Agreements (LAWS90114)

Graduate courseworkPoints: 12.5Not available in 2025

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Overview

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This subject provides an in-depth examination of negotiated instruments as a means of addressing international environmental problems. It focuses on legally binding agreements between states - that is, treaties - but also explores other types of negotiated instruments such as declarations and codes of conduct, which may be non-binding or involve non-state actors. The subject analyses issues of treaty negotiation and design by comparing the development of different environmental agreements, including the Montreal Ozone Protocol, the Paris Climate Agreement, the Basel Convention on Transboundary Movement of Hazardous Wastes, the International Convention for the Prevention of Pollution from Ships (MARPOL), and the World Heritage Convention. At the end of the subject, students will apply what they have learned in a mock negotiation.

This subject will focus on the functions of international environmental agreements, how they are negotiated and designed, and how they develop and evolve over time. Subject materials will include case studies of particular environmental negotiations and international relations explanations of environmental negotiations, including treaty design choices.

Indicative list of principal topics:

  • Why do states negotiate environmental agreements? (costs and benefits, normative factors, domestic politics)
  • Categorising agreements: legal/non-legal, constitutive/regulatory, global/regional
  • Pre-negotiations: determining the negotiating forum and mandate
  • Negotiating process: actors (coalitions/groups, chairperson, secretariat, NGOs), decision-making rules, organisation (inter-sessional meetings, open and closed sessions, means of resolving 'crunch' issues), adoption
  • Treaty design: legal form; architecture; breadth; depth, types, and differentiation of obligations; institutions; mechanisms to promote participation, compliance, and flexibility; entry-into-force requirements
  • Drafting techniques and, ways of resolving differences
  • Treaty development: protocols, amendment, decisions of parties, interpretation
  • International relations explanations.

Intended learning outcomes

A student who has successfully completed this subject will:

  • Have an advanced and integrated understanding of international environmental treaty law
  • Be able to critically examine, analyse, interpret and assess international environmental agreements
  • Have a sophisticated understanding of treaty design and treaty drafting issues
  • Understand and be able to apply techniques to resolve differences in international environmental negotiations
  • Gain experience in making oral presentations and negotiating agreements.

Last updated: 4 March 2025

Eligibility and requirements

Prerequisites

None

Corequisites

None

Non-allowed subjects

None

Recommended background knowledge

Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.  

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: 4 March 2025

Assessment

DescriptionTimingPercentage

Class participation

Throughout the teaching period15%

Written country position paper/negotiation strategy for negotiation simulation

  • 1000 words (equivalent)
Day 515%

Take-home examination

  • 3,000-4,000 words
15 - 18 August 202570%
Hurdle requirement: A minimum of 75% attendance is required. Throughout the teaching periodN/A

Last updated: 4 March 2025

Quotas apply to this subject

Dates & times

Not available in 2025

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Additional delivery details

Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists. 
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options. 

Last updated: 4 March 2025

Further information

Last updated: 4 March 2025