• Class Number 8609
  • Term Code 2970
  • Class Info
  • Unit Value 6 units
  • Mode of Delivery In Person
  • COURSE CONVENER
    • EmPr Bernhard Boer
  • LECTURER
    • EmPr Bernhard Boer
  • Class Dates
  • Class Start Date 25/11/2019
  • Class End Date 08/01/2020
  • Census Date 06/12/2019
  • Last Date to Enrol 25/11/2019
SELT Survey Results

This course introduces students to the nature of transboundary environmental challenges and the development of international norms and institutions to address them.

Fundamental issues addressed by the course include:

• the ethical framework for international environmental policies and laws,
• the origin and development of international environmental law,
• sources of international environmental law, and
• actors in global environmental governance and the nature of international environmental norms.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

  1. Explain the history and development of international environmental law as a distinct field of public international law, and have a clear, enhanced understanding of its principles;
  2. Critically examine the ethical debates surrounding environmental policy and law-making and identify the limits and utility of the norms relating to the global environment;
  3. Illuminate the interaction and tension between various international actors and institutions in the development and implementation of international environmental norms;
  4. Apply norms and principles of international environmental law in a problem-solving context; and
  5. Research, critically examine and communicate in writing about a problem or specific aspect of international environmental law.

Additional Course Costs

This course is an intensive course taught at the ANU Acton Campus in Canberra. Students will need to cover costs associated with travel, accommodation, meals etc, if attending from out of State.

Required Resources

There is no prescribed text for this course.

A Reading Guide (E-Brick) will be available on the Wattle site.

Staff Feedback

Students will be given feedback in the following forms in this course:

  • written comments through Turnitin

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further Information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session Summary of Activities Assessment
1 Introduction to International Law of the Environment, The Development of International Law of the Environment, Key Principles and Concepts, Human Rights and International Law of the Environment
2 International Law and Biological Diversity, International Law and Climate Change, International Law and Land Degradation, International Law of the Marine Environment
3 International Law and Heritage Conservation: Natural and Cultural, Implementation of International Environmental Law at regional and national level, Gaps in International Environmental, Trends and Challenges for International Law of the Environment, Conclusions

Assessment Summary

Assessment task Value Due Date Return of assessment Learning Outcomes
Short Assignment 30 % 06/01/2020 17/01/2020 1,2,3,4,5
Research Essay 70 % 20/01/2020 28/02/2020 1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught face-to-face in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

a)      it does not exceed a maximum of 25% of the classes;

b)      permission is requested in advance; and

c)      the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Value: 30 %
Due Date: 06/01/2020
Return of Assessment: 17/01/2020
Learning Outcomes: 1,2,3,4,5

Short Assignment

Details of Task: This assignment is compulsory. Failure to submit the assignment will result in a grade of 0 for the task. This assignment will be in the form of a short essay that tests your knowledge of several aspects of the course.

Release of assessment task: Wednesday 27 November 2019.

Due: Monday, 6 January 2020, 5.00pm. Late submission without an extension will attract penalties.

Length: No more than 2000 words. Footnotes should contain only references, not substantive content. A full list of all references used, with citations, must be included at the end of the paper. This list is not included in the word count.

Font: Arial 12 point.

Format: Word, not PDF.

Assessment criteria:

a)      Understanding of the Issues

·        addresses the question and covers all the important points

·        evidence of consideration of the question and the research materials drawn on

·        issues raised by the topic are clearly and concisely identified

·        material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b)      Communication & Development of Argument

·        clear theme or argument

·        arguments logical and well-organised

·        ideas/paragraphs linked coherently

c)      Argument/Analysis

·        originality of ideas and analysis of the material

·        suggestions for change where appropriate

·        consideration of opposing arguments

·        well-reasoned conclusions

d)      Research

·        research covering core primary and secondary materials

·        good organisation of sources and ability to synthesise all the research materials used

·        use of theoretical material where appropriate

e)      Presentation, style and referencing

·        good use of structure, section headings and paragraphs

·        clarity and conciseness of expression, interesting and engaging of reader

·        use of appropriate terminology and correct grammar, syntax and spelling

·        full and accurate footnotes

·        style according to Australian Guide to Legal Citation

·        adherence to word limit.

Assessment Task 2

Value: 70 %
Due Date: 20/01/2020
Return of Assessment: 28/02/2020
Learning Outcomes: 1,2,3,4,5

Research Essay

Details of Task: The research paper is compulsory. Failure to submit it will result in a mark of 0 being awarded. The research paper is designed to allow for a detailed and critical analysis of international environmental legal issues. A list of suggested topics will be distributed and discussed during the intensive classes.

Topics may also be self-selected, subject to the approval of the course convenor.

All students must submit a one-page outline, with a preliminary list of references for approval by Ben Boer at ben.boer@sydney.edu.au by Monday 9 December 2019 at the latest. 

If you wish to devise your own research essay topic, you are encouraged to email Ben Boer before the course begins with your proposed topic, and to discuss it at the intensive.

Due: Monday, 20 January 2020, 5.00 pm. Late submission without an extension will attract penalties.

Length: no more than 5000 words. Footnotes should contain only references, not substantive content. A full list of all references used, with citations, must be included at the end of the paper. This list is not included in the word count.

Font: Arial 12 point.

Format: Word, not PDF.

Assessment criteria:

a)     Understanding of the Issues

·        addresses the topic you have selected and covers all the important points

·        evidence of close consideration of the topic and the research materials drawn on

·        issues raised by the topic are clearly and concisely identified

·        material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b)     Communication & Development of Argument

·        clear theme or argument

·        arguments logical and well-organised

·        ideas/paragraphs linked coherently

c)      Argument/Analysis

·        originality of ideas and critical analysis of the material

·        complexity and insight in dealing with theory/ideas

·        suggestions for change where appropriate

·        interdisciplinary perspective where appropriate

·        addressing opposing arguments

·        well-reasoned conclusions

d)     Research

·        research covering primary and secondary materials

·        good organisation of sources and ability to synthesise all the research materials used

·        use of theoretical material where appropriate

·        range of research sources

·        integration of material from research resources into the essay

e)     Presentation, style and referencing

·        good use of structure, section headings and paragraphs

·        clarity and conciseness of expression, interesting and engaging of reader

·        use of appropriate terminology and correct grammar, syntax and spelling

·        full and accurate footnotes together with a bibliography

·        style according to Australian Guide to Legal Citation

·        adherence to word limit

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

  • Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
  • Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

EmPr Bernhard Boer
ben.boer@sydney.edu.au

Research Interests


Ben was Professor in Environmental Law at the University of Sydney from 1992 to 2008.  He was appointed as Emeritus Professor in the University of Sydney in late 2008. In 2011, he was appointed under the Chinese Government’s 1000 Talents Program as National Distinguished Professor at Wuhan University Law School in its Research Institute of Environmental Law. He now teaches and researches half time in Wuhan. Between 2006 and 2008, he was the international Co-Director of the IUCN (International Union for the Conservation of Nature) Academy of Environmental Law and Visiting Professor based at the University of Ottawa. He was appointed as Deputy Chair of the IUCN World Commission on Environmental Law in 2012, a position he held until 2016. He has research interests in international environmental law, comparative environmental law, natural and cultural heritage law, environmental law in the Asia Pacific, and international and domestic law relating to protected areas, land degradation and forests. He is a founding co-editor of the Chinese Journal of Environmental Law. He is leading a Chinese project on ecological civilization and international environmental law, and researching the environmental law aspects of the Chinese Belt and Road Initiative.

EmPr Bernhard Boer

By Appointment
EmPr Bernhard Boer
+61 2 61253483
ben.boer@sydney.edu.au

Research Interests


EmPr Bernhard Boer

By Appointment

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