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The nature of environmental law; the merits and disadvantages of statutory and common law approaches to environmental issues; the evolution of environmental concern; particular legal problems arising out of the nature of environmental issues; the precautionary principle; philosophies of human relations with the natural world; possible implications of environmental necessity for political, social, constitutional and economic organisation; environmental economics and issues of public and private property; historical and present-day case studies.
This course aims to set environmental law in its wider legal, constitutional, political, social , historical and economic context. Environmental law, more than most other areas of law, is one where it is necessary for legal practitioners to know more than the law itself.Environmental law is driven by considerations of policy. It is part of the wider field of environmental management; unlike many or most other areas of law, it is one where lawyers are not, should not be and simply cannot be in charge, although their contributions are not without value. An introduction to environmental philosophy, social and political implications, economics and historical precedents is therefore of much greater usefulness to an environmental lawyer than might at first be supposed.The course will therefore cover the nature of environmental law and different legal approaches to environmental issues; philosophies of human relations with the natural world; the development of environmental issues and public concern; particular legal problems arising out of the nature of environmental issues; the precautionary principle; possible implications of environmental necessity for social, political, constitutional and economic organisation, and environmental economics and issues of public and private property.This course may NOT BE OFFERED in 2016.
Students completing the course will have become familiar with the wider issues that underlie environmental problems and, seeing those problems in their wider context, should have a greater knowledge of possible difficulties and possible solutions.
(i) LAWS101; and (ii) LAWS110
LAWS304; LAWS376 (2005)
LAWS202-LAWS206. Students enrolled in other degrees, who do not have the above prerequisites and corequisites, but have completed appropriate courses in another discipline, may apply to the Head of Department for a waiver.
David Round
As well as attendance at lectures students may also be required to participate in a day-long field trip dealing with issues raised in class.Assessment may consist of a report on a field trip, an essay and a final examination. The assessment will be confirmed in the first week of lectures.
There is no set text. Books and articles will be referred to throughout lectures, and many will be placed on reserve or be available electronically.
Domestic fee $737.00
International fee $3,450.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .