This module is not currently running in 2021 to 2022.
The overall objective of the module is to provide an exposition of Environmental Law which seeks to assess the functioning of the law alongside the environmental problems that it seeks to address. Many of these problems admit scientific, economic and administrative solutions as readily as legal ones. However, the underlying premise is that, alongside other disciplines, law has an essential part to play in the protection of the environment. Within law, various strategies that may be applied to environmental problems have different strengths and weaknesses. In each case the options must be reviewed and it must be asked, which is the most appropriate legal approach to a particular kind of environmental problem?
To some extent this eclectic perspective spans traditional legal boundaries emphasising features which may be overlooked in customary treatments of subjects such as criminal law, tort, administrative law and European Union law but it is a subject which has a distinctive identity determined by the specific problems that the law is designed to address. Environmental Law seeks to examine and assess laws, of widely different kinds, from a uniquely environmental perspective. Taking a broad view, it must be asked what legal mechanisms are best used to restrict environmentally damaging land use and development, and how may the law be used most effectively to conserve wild fauna and flora and the habitats upon which they depend?
Environmental Law II (LW586) is intended to complement Environmental Law I. Whilst Environmental Law I is primarily concerned with protection of the quality of the environmental media of water, air and land, Environmental Law II is concerned with the environmental land use controls and specific mechanisms for conservation of species and habitats (ecological quality law).
Contact Hours: 20
Private Study Hours: 130
Total Study Hours: 150
Main assessment methods
The module will be assessed by 20 % coursework and 80% examination as follows:
• Coursework – one essay of 2000 words (20%)
• Examination – 2 hour unseen paper (80%)
Reassessment methods
The module will be reassessed by like-for-like reassessment of failed individual component(s) of assessment.
The latest editions of the following:
• Alder and Wilkinson, Environmental Law and Ethics (Macmillan)
• Bell, and others, Environmental Law (Oxford)
• Fisher, Lange and Scotford, Environmental Law: Text, Cases and Materials (Oxford)
• McEldowney and McEldowney, Environmental Law (Longman)
• Wolf and Stanley, On Environmental Law (Cavendish)
See the library reading list for this module (Canterbury)
The intended subject specific learning outcomes.
On successfully completing the module, students will be able to:
1. Demonstrate a sound understanding of the law relating to land use and development, and the conservation of natural living resources, and the role of international, EU and national law in relation to this.
2. Demonstrate a detailed appreciation of the role of law in giving effect to environmental policy objectives, alongside other disciplines, and be able to offer critical evaluation of the role of the law in addressing environmental challenges.
3. Demonstrate research skills in locating and retrieving legal and policy sources and using these effectively in written work.
The intended generic learning outcomes.
On successfully completing the module, students will be able to:
1. Understand complex legislative material and judicial decisions; to analyse complex issues and problems; and critically to relate the issues to their wider socio-economic context.
2. Present critical and research-substantiated arguments in essays.
3. Recognised alternative solutions to legal problems and to evaluate these; to develop critical and self-critical learning skills; and to reflect upon learning progress.
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