This course will examine international climate law, looking at both the current international legal frameworks and the negotiation of the future regime.

The course will also explore fundamental questions about how international climate law interacts with national law and how private sector players participate in a global public international law regime. It examines the effectiveness of the regime and what is required to achieve safe levels of anthropogenic emissions with many practical examples of how the law is implemented.

Although touched upon in this course, the focus is not on domestic climate law regimes. Domestic climate law is covered in the course Climate and Sustainable Energy Law LAWS8181.

Learning Outcomes

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

1. Explain and analyse international legal norms pertaining to the global climate;
2. Identify and reflect on the legal, policy and philosophical issues relating to international juridical norms which regulate activities impacting on climate;
3. Evaluate the limits and utility of existing norms relating to the climate;
4. Apply principles of international climate law to an array of contemporary international problems; and
5. Research, critically examine and communicate in writing about a problem or specific aspect of international climate law.

Research-Led Teaching

The research-led features of this course include:

• background research on country and group positions in the UNFCCC to inform the mock negotiation exercise; and
• detailed legal research and analysis to inform the preparation of the research essay.

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

Reading materials will be available on the course Wattle site, as links or PDF copies. Students are responsible for downloading these documents.

Recommended Resources

The recommended text book for the course is International Climate Change Law by D. Bodansky, J. Brunnee and L. Rajamani (Oxford, 2017).

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.

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 Climate Change Law as a Legal discipline, The Science of Climate Change - Impacts and Vulnerabilities, Introduction to the UNFCCC Negotiating Environment, Overview of the Structure, Framework and Key Players, Development of Climate Change Law and Negotiations, Dissecting the Paris Agreement, Introduce negotiation exercise on post-2020 issues.
2	Adaptation to climate change, Loss and Damage, A Perspective on International Climate Negotiations, NDCs and domestic implementation, Approaches to transition to net-zero emissions; Market mechanisms to respond to climate change, Climate Finance, International institutions and initiatives to support green growth, REDD+.
3	Negotiation exercise, Implementation of the Paris Agreement at the regional and national level, The interaction between climate law and the global business community, Standards for corporate disclosure of climate risk, Inter-linkages with other areas of public international law	Participation in the in class negotiation exercise will form part of the assessment

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Participation in class mock negotiation exercise	10 %	21/03/2020	27/03/2020	1,3,4
Research Essay	90 %	05/05/2020	26/05/2020	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:

• 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

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

Participation in class mock negotiation exercise

Format: Oral presentation and discussion. This task is compulsory. Students who do not do the task will receive a mark of 0 for the task.

Approval of Topic: Country profiles will be distributed on the first day of class.

Due: Saturday 21 March 2020 in class. No extension will be granted.

Length: 3 minute prepared statement and general participation in 2hr exercise.

Assessment Criteria:

(a)    Preparation and understanding materials

• consulting and reading pre-assigned material
• linking material between various aspects of the class and different lectures
• thinking critically about own negotiating position and that of others

(b)    Expressing ideas clearly / Communication & development of position

• clear position so that other students and lecturer can understand it
• arguments logical and well-organised
• use of appropriate language

(c)    Engaging with other students in negotiation and discussion

• including others in / encouraging discussion
• responding to what others have said / questions
• being respectful of other positions / comments

Assessment Task 2

Research Essay

Format: Essay. Note that essays are to be on the law and policy - not a more general description of issues. For example, an essay on the clean development mechanism (CDM) should analyse the international rules that apply to the CDM (treaty and protocol provisions and decisions and guidelines that implement project development and unit creation and trading) rather than describing the operation of a CDM project activity. This essay is compulsory. Students who do not submit an essay will receive a mark of 0.

Approval of Topic: Suggested essay topics will be available by 19 March 2020 and all essay topics must be approved by 30 March 2020 via email.

Due: 5pm, Tuesday 5 May 2020. Late submission of assessment tasks is permitted, but a mark penalty will apply. See later in this class summary.

Length: 6000 words

Assessment Criteria:

(a)    Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close 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 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 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