Handbook

LAWS90089 Environmental Compliance and Enforcement

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

May, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 26-Apr-2017
Teaching Period 24-May-2017 to 30-May-2017
Assessment Period End 17-Jul-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 24-May-2017
Last date to Withdraw without fail 16-Jun-2017

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.



Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 29-33 hours
Total Time Commitment:

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.

Prerequisites:

Melbourne Law Masters Students: None

JD Students: None

Corequisites: 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.

Non Allowed Subjects: None
Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Contact

Lecturer

Professor David Markell, Coordinator

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

Subject Overview:

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.
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.
Assessment:
  • Class participation (10%)
  • Short written assignment (1000 words) (10%) (7 June 2017)
  • Take-home examination (5,000 - 6,000 words) (80%) (14 - 17 July 2017)

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Environmental Law
Graduate Diploma in Government Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Environmental Law
Master of Law and Development
Master of Laws
Master of Public and International Law

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