Environmental Regulation and Redress
| Module title | Environmental Regulation and Redress |
|---|---|
| Module code | LAW2016C |
| Academic year | 2021/2 |
| Credits | 15 |
| Module staff |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 80 |
|---|
Module description
If you are concerned about environmental destruction and ensuring accountability on a global basis, then learning to articulate your argument and back it up with a sound grasp of the law might help you to make a real difference! The module is crucial to establish a working knowledge of how the law can be used as a mechanism to reconcile competing values in the protection of the environment and seeks to develop an understanding of the legal avenues available to mitigate environmental harm. As an environmentally aware individual, what can you do if you feel that another individual or business has committed an environmental wrong? What guidance is given on a global level, and what are the forms of redress where law is ignored? If it is the ‘polluter’ who should pay for environmental damage, how should that principle be enforced, and what immediate action can an individual take where he/she is concerned that irretrievable environmental damage might occur?
Module aims - intentions of the module
You will look at international contributions to UK law and policy and the important role the EU has had in setting environmental standards. You will examine how, during our membership of the EU, we have been obliged in the UK to reflect these decisions in our own legislation. You will critically reflect on the extent to which the law across the world, including indigenous laws and cultural norms might be used to embed pro-environmental behaviour and sustainability.
Various forms of redress will be considered within popular contexts in environmental law, for example climate change, air quality, biodiversity and marine pollution. You will be introduced to the difference between public law responses in the form of legislation and private law controls like negligence and private nuisance. We will also explore potential future avenues for redress as individuals for example through the expansion of the application of a human rights agenda in environmental matters, and the expansion of international criminal law in ecocide as well as considering national accountability for wrongdoing.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. Explain and apply different types of environmental regulation
- 2. Identify and evaluate with minimum guidance the current content and direction of environmental law
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. Identify key elements of legal problems and select appropriate methods for investigating and evaluating them
- 4. Construct and support an argument using legal sources
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. Retrieve and efficiently use primary and secondary library-based and electronic resources with minimum guidance
- 6. Participate in discussions on a selected topic and defend an argument in similar discussions
- 7. Effectively interact with peers for small-group presentations and general discussion, modifying your own position where appropriate
Syllabus plan
Whilst the module’s precise content may vary each year, it is envisaged that it will cover some or all of the following topics:
How the environment is regulated in law and how this is intimately linked to effectiveness of each type of regulation in redressing wrongs and making reparation. We will be looking across cultures and the world to see how the environment may be protected using legal mechanisms and how damage to the environment may be redressed.
a. Regulation
- Conventions, Treaties, Declarations and Agreements
- Directives
- Domestic Legislation and regulations
- Command and Control
- Public Protest
b. Redress
- Environmental Rights
- Reparation
You will also practice the skills of ‘thinking like a lawyer’ to make the best case you can for the environment.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 25 | 125 | 0 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled Learning and Teaching Activity | 11 | 11 x 1 hour lectures |
| Scheduled Learning and Teaching Activity | 12 | 6 x 2 hour seminars |
| Scheduled Learning and Teaching Activity | 2 | 1 x 2 hour workshop |
| Guided Independent Study | 125 | Additional research, reading and preparation relating to each lecture and in preparation for workshop tasks |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Abstract-outline bibliography | 500 words | 1-5 | Written |
| Case Study | In class discussion and application | 1-3, 6-7 | Self, peer and tutor feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Case Study | 45 | 1,250 words | 1-3, 5-6 | Written |
| Essay | 55 | 2,000 words | 1-5, 7 | Written |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Case Study | Case Study (1,250 words) | 1-3, 5-6 | August/September re-assessment period |
| Essay | Essay (2,000 words) | 1-5, 7 | August/September re-assessment period |
Indicative learning resources - Basic reading
Bell, McGillivray, Pedersen, Lees, Stokes, Environmental Law (9th Edition, 2017)
Wolf and Stanley on Environmental Law, Wolf, F and Stanley, N (6th edition, 2013) Routledge
Finch and Fafinski, Legal Skills, OUP (7th Edition, 2019). Copies can be found in the library. The textbook explains how to find legal resources from statutes to cases and includes tips on legal writing.
Kramer, EC Environmental Law, Sweet and Maxwell (8th Edition, 2016)
Connie, Bradney and Burton, English Legal System in Context (5th Edition, 2010), OUP, Oxford
Partington, M, Introduction to the English Legal System (2019) OUP Oxford
Indicative learning resources - Web based and electronic resources
An online Electronic Leaning Environment will accompany the course.
| Credit value | 15 |
|---|---|
| Module ECTS | 7.5 |
| Module pre-requisites | None |
| Module co-requisites | None |
| NQF level (module) | 5 |
| Available as distance learning? | No |
| Origin date | October 2012 |
| Last revision date | 01/04/2021 |
