730-445 Environmental Law

Torts and the Process of Law; History and Philosophy of Law I and II; Constitutional and Administrative Law, Property.

This subject will:

• explore conventional and avant garde theoretical positions with respect to human relationships with nature and resources and the expression of these theoretical positions in the laws of human society;

• provide students with an appreciation of social, political and economic rationales for environmental protection;

• review those principles of international law with especial significance for the environment and the tremendous growth in international legal instruments directed to environmental protection;

• examine the relationship between international obligations and commitments, Federal and State powers and the role of community action with respect to environmental protection;

• consider the retrospective methodology of the common law and assess its capacity to support and integrate the institutions and basic principles of environmental law oriented to prospective action and protection, such as the Precautionary Principle;

• explain the important role of forward planning in environmental protection and the new pivotal role that has emerged for land use planning in recent years; and

• provide students with a basic understanding of international and domestic environmental controls with respect to:

  • environmental impact assessment (EIA)

  • nature conservation and the preservation of heritage

  • discharge of pollutants, hazardous materials and radiation.

Note: This is an approved legal theory subject. The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.

Research essay 5000 words (100%).

• G M Bates, Environmental Law and Policy in Australia. 4th ed., Butterworths, 1995.
  or
  R Ramsay & G C Rowe, Environmental Law and Policy in Australia - Text and Materials. Butterworths, 1995.

• P Birnie and A Boyle, International Law and the Environment. Oxford University Press, 1993.
• D Eccles & T Bryant, Statutory Planning in Victoria. 2nd ed., Federation Press, 1999.