This course provides an overview of the rapidly developing field of domestic and international climate law. It examines the current state of the law. It also offers opportunities to critically discuss the legal and policy issues linked with the future course of climate law, both domestically and internationally. Although the emphasis is on domestic Australian climate law, the course will provide opportunities for comparative analysis of the emerging law within other jurisdictions including EU and EU member states, USA, Canada, NZ and Japan.

Learning Outcomes

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

1. By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:
2. - explain, distinguish and apply the fundamental terms and principles of climate law and policy in both the domestic and international contexts;
3. - Explain and analyse the interaction between different policy and legal instruments within Australian domestic climate law;
4. - Identify and use a range of legally specific research principles, methods and tools appropriate to respond to a factually complex climate law problem;
5. - Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex legal problems in the area of climate law;
6. - Plan and conduct a legal research project with intellectual independence; and
7. - Identify, understand and use domestic and international primary resources and legal databases to locate case law, statutes and, if applicable, scholarly journal articles.

Research-Led Teaching

1. The course draws upon the most recent research in climate law and policy, as well as reference to research projects in climate law by ANU academics for example at the Climate Change Institute and their academic collaborators at a range of international universities and institutes, including the Alliance of Pacific Rim Universities , of which the ANU is a member.
2. The course also is designed to interact with, and draw upon active research taking place under the Vice Chancellor's ANU Grand Challenge "Zero Carbon Energy for the Asia Pacific" , a research initiative of the ANU Energy Change Institute an interdisciplinary network of researchers at ANU.
3. As climate change is a problem with international dimensions, it is relevant to study the interactions of Australia with the Asia-Pacific region on the topic, for example (a) by comparing national pledges and targets (under the Paris Agreement) to reduce emissions, as well as comparing national level climate and energy legislation (b) by considering issues of climate justice involving Pacific nations;
4. It involves inquiry based learning, in the form of a Comparative Research Note to be developed by the student worth 40% of the final mark, and Online postings relating to the Reading and research conducted by the student.

Examination Material or equipment

Permitted materials: one A4 page double sided of notes will be permitted in the final examination.

Required Resources

The Course Reading Guide (which is a separate document that will be posted on Wattle) indicates both the required and recommended readings for the topics covered in each lecture.

Recommended Resources

Preliminary Reading

• Bates, G., Environmental Law in Australia, 10th edition (2019), at Ch.10, “Energy and Climate Law”, at 683-713 for an overview of the entire subject. Or, Bates, 9th edition, (2016), Chapter 17, "Energy and Climate Change".
• IPCC (2018) Global Warming of 1.5C: Special Report (full report), read at least the Summary for Policy Makers ,
• Peel, J. & Godden, L. (2013) Australian Climate Law in Global Context, Cambridge University Press, Chapter 1.

As this is a rapidly evolving field, unfortunately there is no set text for the course that covers the entire breadth of the course, whilst being up to date.

Students who still wish to purchase a textbook can obtain a copy of the following preferred text: Zahar, A., Peel, J. & Godden, L. (2013) Australian Climate Law in Global Context , Cambridge University Press; Port Melbourne, Vic.

This will be supplemented to a large extent by recommended reading materials, some of which will be posted on the Wattle site. Note that Zahar’s book is most useful in relation to the international climate law sections of the course. However, given the publication date it does not cover the Paris Agreement (2015) or related developments in international climate law and does not include references to recent legislative developments in Australia.

Note: Given the repeal of the Clean Energy Act 2011 (Cth) (i.e., the Act that created the ‘carbon tax’ and set out the detail of a future emissions trading scheme) on 1 July 2014, it is recommended that students exercise caution in referring to texts that largely reiterate that now repealed Act. For example: Rennie and Wilcox (2012) Australian Emissions Trading Law, Thomson Reuters.(There remains value in studying the Clean Energy Act as an example of a carbon pricing law, and the course will contain a section on that Act).

Staff Feedback

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

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	PART 1 INTRODUCTION & CONTEXT Dimensions of the Problem – an Introduction to Climate Change and Climate Law
2	PART 2 INTERNATIONAL CLIMATE LAW The International Climate Framework: Outline and Principles UN Framework Convention on Climate Change
3	International climate law (cont’d) Kyoto Protocol Paris Agreement Flexibility mechanisms Art. 6 market mechanisms and other form of carbon crediting
4	Additional topics in International climate law Current issues in the climate law negotiations Climate negotiation simulation
5	PART 3 DOMESTIC CLIMATE LAW – LITIGATION Climate Litigation: • International • Commonwealth • State level • Other jurisdictions (international cases)
6	Climate Litigation (Cont’d)
7	State Climate Laws • Why state/territory laws for climate change ? • Targets legislation • Mitigation in energy, transport, building sectors • Provisions in land use planning/EIA laws; • Interactions with Commonwealth climate law
8	PART 5 DOMESTIC CLIMATE LAW –MARKET MECHANISMS Economic Analysis of Climate Law and Policy Carbon pricing law and emissions trading The CPRS Bill proposal Carbon taxation Former Clean Energy Act 2011 (Cth)
9	Issues in emissions trading and carbon taxation European carbon taxation examples Emissions trading: Comparative perspectives from other jurisdictions Former NSW baseline and credit scheme EU Emissions Trading Scheme (phases 1-3) Regional Greenhouse Gas Initiative (RGGI) of North East USA Critical perspectives
10	PART 6 – ENERGY LAW Energy law 1 - Electricity law Renewable energy incentive laws Federal Renewable Energy (Electricity Act) 2000 (Cth) State RE laws - Feed in tariff laws
11	Energy law 2- Legal issues in renewable energy development Wind energy and solar farm development (and litigation) Electricity market Electricity law and provisions with impact on project development Power to Gas proposals, biomethane and hydrogen International case studies of energy law including nuclear energy law Geothermal energy law and energy efficiency legislation
12	PART 7 – FROM COPENHAGEN, TO CANCÚN, DURBAN, DOHA, PARIS, POLAND, MADRID AND BEYOND The future of climate law and regulation Development of the Paris Agreement. Climate Finance Innovation and Clean Energy Futures

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Formative Self-Assessment Opportunity - Quiz x 2	0 %	*	*	2,7
Wattle Posts: Reading Reflections with simple research input (Online)	10 %	02/06/2020	01/07/2020	1,2,4,6
Mid Semester Research Note: Briefing Note or Case Note	40 %	21/04/2020	12/05/2020	2, 6, 7
Takehome Online Exam	50 %	*	09/07/2020	,2,3,4,5,6,7

* 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:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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

This course involves two hours of lectures per week and an hour seminar per week.

Online students will be able to access the lectures via the lecture recording on Wattle.

In general terms, students are expected to devote at least 10 hours overall per week to this course.

Assessment Task 1

Formative Self-Assessment Opportunity - Quiz x 2

Brief Description: To give students a chance to test their understanding of key concepts in climate law, the Wattle site features two quizzes for self-paced learning with multiple attempts allowed and brief online feedback provided.

Nature of Task: Optional, formative self-assessment.

Weighting: 0%

Release: (Week 3 (international climate law), Week 8 (domestic climate law).

Due date: NA. Not formally assessed.

Estimated return date: NA

Assessment Task 2

Wattle Posts: Reading Reflections with simple research input (Online)

Brief Description:

Make a minimum of three Wattle posts that build upon (a) your understanding of the essential reading or 'Seminar Discussion Reading' for that week; PLUS (b) one piece of new information, research, or case law or legislation that is relevant to the topic for that week, based on your own brief research.

What to do:

Discussion Boards will be set up on the Wattle website for each of the main topics. You can either start a new discussion thread on Wattle relevant to the topic, or make a significant contribution to an existing thread. The convenor may also start discussion by posting items. Participation is requested regarding either readings on the Wattle site, or lecture content. One aspect of online participation is to respond to “Seminar Discussion readings”, which are indicated on Wattle. These are selected to provoke discussion and may take a provocative or polemical position. Student’s posts should do more than describe the topic, or a reading. The ideal is to critically analyse and comment upon evidence, reasoning and arguments advanced in the reading.

Nature of Task: Compulsory. Non-redeemable.

Weighting: 10%

Word length: Three posts of minimum 150 words each, indicative maximum 200 words each post. (No word length penalty).

Release: from Week 1

Due date: Tuesday 2 June 2020 (Wk 12)

Estimated return date: 1 July 2020 (Feedback via Wattle), plus general feedback to whole class on interim progress by Friday 3 April 2020 mid-Semester break)

Assessment Criteria: The Wattle posts should demonstrate a thoughtful reflection on the prescribed readings AND some brief element of additional legal research.

An excellent series of posts will include an insightful analysis of the reading undertaken. Will include examples and specific information in support.

A lower quality post will reflect a basic and limited effort of reading, research and analysis. It also will only make limited use of examples and may lack specific information to support its points.

A sub-par post will only include expression of unsupported personal opinion (without reference to data, sources, etc), or reference to source material of dubious quality, perhaps without reference to facts or law or any high quality readings.

Assessment Task 3

Mid Semester Research Note: Briefing Note or Case Note

Brief Description: This task involves researching and writing a briefing note or a case note on climate law, due in the mid-Semester break.

The topics for the task will be drawn from the content in Weeks 1-7 (perspectives on climate change, international climate law, climate litigation, climate legislation) .

Rationale: Writing a briefing is often required in many legal and policy workplaces. This task imagines that you are writing a briefing note for a decision maker or other plausible audience.

Release: the Course Convenor will post a list of topic questions by the end of week 1.

What to do: Select a topic/question, and as required by that question, write either a briefing note or a case note, that draws upon your research into that topic.

Use subheadings to organise your Briefing Note. Use subheadings such as: Title, Purpose, Background, Issues, Options, Recommendation(s). Use footnotes.

If choosing a Case Note question use headings: e.g. citation, parties, brief facts, court, date, judge(s), key issues, arguments, decision, critical commentary. 

For both, (briefing note or case note) some critical analysis is expected. What is your argument about the topic/case? Does the topic raise law reform issues?

Nature of Task: Compulsory, not redeemable

Weighting: 40%

Word Limit: 2000 words

Release: from Week One.

Due date: Tuesday 21 April 2020, submit via Wattle

Estimated return date: Tuesday 12 May 2020

Assessment Criteria:

• Demonstrated understanding of the legal and policy issues;
• Correct identification and articulation of relevant parts of the law;
• Accuracy, quality, completeness and coherence of legal analysis;
• Careful consideration of the question and sources;
• Writing relates logically and relevantly to the legislation/case/policy issue at hand. Texts referred to are analysed not just summarised or quoted extensively;
• Writing clarity, Presentation, style and referencing.

Assessment Task 4

Takehome Online Exam

Brief Description: Takehome online exam at end of Semester. This examination may cover all the material in the course.

Nature of Task: Compulsory. Non-redeemable.

Weighting: 50%

Due date: Students must consult the ANU final examination timetable to confirm the date and time.

Estimated return date: when final results are released

Assessment Criteria:

• Demonstrates knowledge of climate law by making accurate use of relevant legal material;
• Shows ability to identify relevant issues then apply relevant law, legal rules and principles to facts
• Contributes clear and concise written answers that are well structured
• demonstrating ability to synthesise relevant legislation, caselaw and other sources
• Communicates insight into legal and policy issues in a range of climate and energy law contexts.
• make relevant and persuasive arguments; and 
• demonstrate understanding of, and critical thinking on, material covered in the course. 

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Extensions may be granted 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).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students