Integrating Sustainability in Law Curriculum: A Comprehensive Approach
Exploring the integration of sustainability and sustainable development concepts within the law curriculum at the University of Dundee, highlighting the various subjects in which this integration is feasible, ways to incorporate these themes effectively, and the relevance of sustainable practices in legal areas such as contract law, property law, constitutional law, and more.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Integrating Sustainability within the Law Curriculum Andrea Ross School of Law University of Dundee dundee.ac.uk Page
Outline 1. Sustainability v Sustainable Development (SD) 2. Breadth of subjects where integrating SD into the curriculum is possible 3. Ways to integrate SD into the curriculum using examples from the past and present used in Dundee by myself and my colleagues dundee.ac.uk Page 2
Sustainability v Sustainable Development - Law words are our ingredients Sustainability tends not be used in legal instruments or legislation. Rather sustainable is used as an adjective sustainable cities, tourism, resource management, citizenship or sustainable development is used. Kenya - Environmental Management and Co-ordination Act (EMCA) 1999 Takes the Brundtland definition and gives it some more meaning. Section 2 defines SD as development that meets the needs of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems . dundee.ac.uk Page
Legal Practice and Sustainable Development Staggering amount of legal work is relevant to sustainable development and vice versa Contract law resource, mining and construction contracts covering risks, insurance, mitigation, responsibility for workers, impact on local community, environment protection, employment law Property law home reports, boundary issues, conservation easements, mortgage repayments, contaminated land Tort / Delict occupiers liability, negligence, nuisance Constitutional law responsibilities and duties of the state, rights and freedoms of citizens, human rights Administrative law controls on abuse of power, public participation in decision-making, licensing Immigration law citizenship, mobility, refugees, population issues Development law impact of trade and land use decisions, decisions about the use of aid Tax law fuel duty, landfill tax, climate change levy, child tax credits Criminal law corporate responsibility for crime, intentional harm, terrorism, use strict liability for environmental offenses dundee.ac.uk Page
Part II - Six possibilities for integrating 1. Use of sustainable development as a theme in a core module 2. Use of SD as a theme in a related optional module 3. Use of SD as an example in a seminar or lecture in a core module or unrelated optional module 4. Use of SD in an assessment in a core module 5. Whole seminar in a related module dedicated to Sustainable Development 6. Whole module dedicated to Sustainable Development dundee.ac.uk Page
SD as a running theme in a core module Lorren Eldridge English Property Law Year 2 LLB core A running theme throughout the module examines the tension between land as a valuable, exploitable, economic asset and land as a key feature in social life. Examples include: Leasehold/commonhold property reform to empower tenants to control their living space from a safety and sustainability angle in light of the Grenfell Tower disaster; Protecting the enjoyment of what has historically been viewed as recreational land use (such as gardens and outdoor sporting areas) via legal rights; Considering whether covenants in land are the right tool to protect the environment. Thinking about the role of colonial power in the development of English land law, and in particular the racial and class aspects of the exclusion of the public from privately owned outdoor spaces. dundee.ac.uk Page 6
Use of SD as a running theme in a core specialist module Environmental Regulation Andrea Ross, Colin Reid Core for LLM in Environmental Law Examines how and why it is necessary to regulate to protect the environment. Key SD themes Define regulation widely bans, licences, market mechanisms, education and training, self regulation Examine the wider implications of regulating the environment so the social impacts and the need for fiscal responsibility when making regulatory decisions# Explore different solutions to different environmental issues in different situations the need to tailor solutions carrot v stick, compliance v deterrence goals and responsive regulation Emphasis on shared responsibility and how individuals and businesses can contribute to wider environmental governance sustainable citizenship dundee.ac.uk Page
Use of SD as an example in Core Module level 1 Foundations of Law Andrea Ross Purpose of seminar is to understanding the value and role of lawmaking at different levels of governance (international, national, regional and local ) addressing some of the big challenges facing humanity. Climate Change - alternative - drug trafficking, terrorism, population issues, financial markets By the end of this topic students should appreciate: The nature of CC and its consequences in relation to SD The need to mitigate and adapt to CC The different roles and tools available at different levels of governance The global, EU, UK, Scottish responses to CC The role of local government, private sector and individuals in mitigation and adaptation dundee.ac.uk Page
Use of SD in an assignment for a core module Colin Reid European Union Law Year 2 LLB core Essay on two cases involving free movement of crayfish and bees, raising awareness of how trade can have an impact on biodiversity. The two cases noted below produced opposite conclusions on the validity under EU law of national rules restricting the import of certain goods. Explain the stages in the reasoning that led the Court of Justice to these conclusions, identifying the common steps that were taken and why different conclusions were reached Commission v Germany (Case C-131/93) [1994] ECR I-3303 Criminal proceedings against Ditlev Bluhme (Case C-67/97) [1998] ECR I-8033 dundee.ac.uk Page 9
Tutorial challenging traditional rules in modern context in a core module Thom Giddens English Criminal Law 1st year LLB Tutorial on Property offences - in class task: Consider the role of property offences in protecting the system of private property and the links between this and the climate crisis. dundee.ac.uk Page 10
Seminar examining SD consequences of law in an unrelated optional module - Maeve Malone Intellectual Property Law LLB Honours option Seminar on Biotechnological Inventions United States Supreme Court Monsanto case on purchasing patented seeds and subsequently planting them. In the US, Mr. Bowman sowed Monsanto's patented Round up Ready soybeans. The court held: In the case at hand, Bowman planted Monsanto s patented soybeans solely to make and market replicas of them, thus depriving the company of the reward patent law provides for the sale of each article. Patent exhaustion provides no haven for that conduct. Discussions surround the intent of the farmer, whether he was facilitating the copying of the patented seeds, the introduction of different seeds into the second crop of the year and how the seeds can be carried by the wind across boundaries between farmers properties and are re-sown in the process. dundee.ac.uk Page 11
Seminar dedicated to SD in a related optional module - Andrea Ross Climate Change Law LLB Honours option Purpose of seminar is to explore the relationship between CC agenda and SD by examining specific legal texts (UNFCCC, Paris Agreement, Climate Change Acts) using Westlaw etc In class task (a) Think of two possible solutions to climate change mitigation that would be categorically unsustainable in other ways. What are those ways? (b) Think of one possible solution to climate change adaptation that would likewise be unsustainable . (c) Now think of alternative solutions to the above that would be more in line with sustainable development. dundee.ac.uk Page
Exploration of SD in a multi-disciplinary specialist module Principles of Sustainability core for MSc in Sustainability, optional for LLM modules Context class made up of Engineers, Political Scientists, Biologists, Economists, Anthropologists as well as some Lawyers. A key purpose is to explore the role of different disciplines in delivering sustainable outcomes. Seminars taught by experts in Sustainability in different disciplines Early seminar by me (a lawyer) Purpose to understand the importance of terminology in delivering sustainable outcomes and how law and lawyers contribute to SD Definition and evolution of the meaning of SD in the UK and globally Examination of how international and UK climate change legislation address its relationship with SD Examination of other environmental principles and how each of these relate to different interpretations of SD dundee.ac.uk Page 13
Part II - Some general points 1. Force the discipline to look beyond the technical rules Eg - Law students tend to focus solely the law or rule coming out of a case or set of circumstances. They may be unaware of the actual scientific, economic, political reality the consequences of unsustainable activity 2. Justify the role of the profession in the implementation of sustainable development 3. Provide a useful (appropriate) working definition of sustainable development 4. For law language is important - be accurate in your language distinguish between environmental protection, development, environmental justice, justice and SD 5. Use examples from all aspects of SD and refer to them accurately, a biodiversity issue, a health issue, an equality issue and then describe it using sustainability language dundee.ac.uk Page
Conclusion Lots of options for integrating SD into the professional curriculum Theme or example in a core module will get to the greatest number of students Specialist seminar showing how relevant to that particular subject is great but sometimes a luxury Specialist modules need to show how they fit in with the rest of the degree programme dundee.ac.uk Page
