Global ESG Law and Construction Projects (LAWS90305)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
June
Teaching staff:
Robert Read (Subject Coordinator)
Brad Jessup
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | June |
|---|---|
| Fees | Look up fees |
This subject explores the legal issues for construction project delivery in an age of increasing global awareness and the rise of Environment, Social and Governance (ESG) concerns.
It begins by exploring the trends globally – in law, policy and industry practice – that are broadening understandings of construction risk and influencing legal practice. We bring this context into the environmental legal regime that construction projects are subject to, highlighting the ever-expanding, often multi-layered concerns of the law and the complexity that creates for the construction process.
We will then turn to ask how the contractual process for construction projects can and must respond to issues including: pollution and contamination, net zero and nature positivity, community benefit, and sustainable procurement.
Throughout this subject, students will learn about the law across jurisdictions, with a particular focus on construction projects in Australia and Europe.
Indicative list of principal topics:
1. Construction projects, global industry trends, and the social licence:
- The global rise of ESG and its expanding influence over construction projects
- Construction projects, global industry trends, and the social licence
2. ESG & Construction – Existing and Emerging Legal Frameworks:
- Planning, environmental assessments, and traditional owner interests
- Tortious liability for environmental harm – including private nuisance, public nuisance, trespass, and negligence
- Statutory liability for and tools for the control of environmental harm – including statutory nuisance, contaminated land, environmental damage, water, noise and waste
- Climate and nature positivity, and environmental rights and corporate obligations
3. ESG & Construction - Contract drafting:
- Drafting for net zero, offsets, and nature positivity
- Contamination risk and contract
- Community benefit in the contractual process
- Green buildings, leasing, and responsibility for building performance
- Modern methods of construction
4. SG & Construction - Collaborative procurement:
- Introductory concepts
- A critical examination of how it might be used to achieve ESG objectives
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Analyse environmental, social and governance ('ESG') issues and evaluate their relevance to construction projects.
- Apply and assess the tortious and statutory environmental harm liability regimes in the context of construction related scenarios.
- Evaluate typical contractual drafting relating to ESG issues in the context of construction contracts.
- Critically examine the role of collaborative procurement in achieving ESG objectives on construction projects.
Generic skills
- An advanced understanding of the changing knowledge base in the relevant area(s) of law.
- An ability to investigate, evaluate, synthesise and apply existing knowledge in the relevant area(s) with creativity and initiative.
- The capacity to effectively communicate complex legal ideas and theories, orally and in writing, to a variety of audiences.
- An appreciation of the way in which knowledge provides a foundation for leadership.
- An understanding of the significance and value of knowledge to the wider community.
- The capacity to engage with issues in contemporary society.
- Advanced working skills in the use of new technology.
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
| Description | Timing | Percentage |
|---|---|---|
Class Participation | During the teaching period | 10% |
In-class closed book quiz
| Due on the final day of teaching. | 20% |
Research Paper
| 3 September 2025 | 70% |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- June
Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 28 May 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 25 June 2025 to 1 July 2025 Last self-enrol date 2 June 2025 Census date 27 June 2025 Last date to withdraw without fail 8 August 2025 Assessment period ends 12 September 2025 June contact information
Teaching staff:
Robert Read (Subject Coordinator)
Brad Jessup
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
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
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025