|Year of offer||Not available in 2017|
|Subject level||Graduate coursework|
|Fees||Subject EFTSL, Level, Discipline & Census Date|
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.
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.