Handbook

LAWS90100 Natural Resources Law in Asia

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

This subject is not offered in 2017.

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: 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.

Subject Overview:

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.
Learning Outcomes:

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.
Assessment:
  • Class participation (10%)
  • Take-home examination (5,000 - 6,000 words) (90%) (4 - 7 August 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 Asian Law
Graduate Diploma in Energy and Resources Law
Graduate Diploma in Legal Studies
Master of Commercial Law
Master of Energy and Resources Law
Master of Laws

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