Module Identifier LA37720  
Module Title LAW OF ENVIRONMENTAL PROTECTION  
Academic Year 2004/2005  
Co-ordinator Miss Marianne Mackintosh  
Semester Semester 2  
Mutually Exclusive ES30310  
Course delivery Seminars / Tutorials   8 Hours Seminar. Four two hour seminars during the semester  
  Lecture   40 Hours One two hour and two one hour lectures per week  
Assessment
Assessment TypeAssessment Length/DetailsProportion
Semester Exam2 Hours  66%
Semester Assessment Essay: Assessed essay of 2000 words required in week 11  33%
Supplementary Assessment By retaking the failed element (ie written assignment or examination or both, as applicable)   
Professional Exemptions Not Required for Professional Purposes  

Learning outcomes

This module is designed to contribute to the student's academic and intellectual development in a number of ways. Through attendance at lectures, preparation for and participation in seminars and the carrying out of written coursework, the student is enabled to develop a knowledge and understanding of the system of environmental law and policy at the international and domestic level. The student is facilitated in developing her/his own critical analysis of that system and in relating it to alternative models of environmental protection. The module is designed to allow the student to uncover and explore the issues of law, the environment, economics and social policy which are inherent in the question of environmental protection.

Brief description

Environmental law and policy forms a point of convergence for the forces produced by environmentalism, economics and the imperatives of justice and fairness amongst others. As well as involving profound issues confronting humanity it also forms a important area of specialism for legal practitioners.   

Each part of the course seeks to facilitate the student not just in learning the law but also in uncovering and critically analysing the concepts, principles and policies informing and moving the law in this area.

Attention is paid to the role of the European Community and International law.

Environmental Law tends to be in a state of rapid flux, so emphasis is placed not only on the law as it stands, but also on policy and legislative trends so that students can see the direction in which the subject is moving. The course helps to give students some insight into the importance of economic, social and political pressures in law-making.

Aims

This module aims to explore international environmental law and policy, and UK environmental protection law, together with certain aspects of EC environmental law. It contributes to the development of lawyers equipped to give practical and effective advice in this area. In seeking to assist students to develop their own analysis of the environmental, economic, social and other issues underlying this area of law, the module contributes to the preparation of students to proceed to carry out further social and/or legal research.

Content

Teaching
The course will be taught by lectures and seminars. It is intended that the lectures will introduce the student to the essential elements of the subject and provide some critical analysis upon which the student can build her or his reading in preparation for the seminars.
Seminars will provide the opportunity for a more detailed examination of important topics. Students will be expected to participate in a reasoned discussion. The seminars are seen as essential to the promotion of skills in information gathering, selection and retention, and to giving students an opportunity to present structured, persuasive and logical arguments. Students are also expected to provide solutions to legal problems.

Syllabus

1.0: International Law and the Environment
2.0 Environmental Principles and Compliance Mechanisms
3.0 Pollution Control
4.0 Nature Conservation Law

Reading Lists

Books
** Recommended Text
Birnie & Boyle (2002) International Law and the Environment OUP
Bell & McGillivray (2000) Environmental Law (New Edition due out soon) 5th.

Journals
** Recommended Consultation
Journal of Environmental Law
Journal of Planning and Environmental Law
Environmental Law Review

Notes

This module is at CQFW Level 6