CREEL continues to host valuable Seminars, Conferences and Workshops.
- U.S. Environmental Law under the Trump Administration, Professor Robert L. Glicksman, George Washington University Law School
22nd March (Wednesday), 1pm - 2pm, Melbourne Law School, Level 2, Room 221, 185 Pelham Street, Carlton.
Convenor: Professor Jacqueline Peel, Melbourne Law School
The advent of modern environmental law in the United States beginning in 1970 was made possible because of a bipartisan consensus on the importance of protecting the public health and preserving the nation’s natural resource heritage. Over the ensuing decades, several efforts by presidents or congressional leaders to alter those basic commitments ran aground. Attacks on core environmental legislation such as the Endangered Species Act failed, and laws such as the Clean Air Act were strengthened, even under Republican presidents.
The election in 2016 of Donald Trump as President dramatically changed this landscape. The bipartisan consensus in favor of environmental protection has been shattered and the likelihood of radical reform that fundamentally weakens U.S. environmental law is significant. This presentation will review the steps that President Trump’s Administration, backed by Republican majorities in both houses of Congress, have already taken and have promised to take. If implemented, these changes will make U.S. environmental law unrecognizable to anyone familiar with its substance and process over the past half century.
Robert L. Glicksman is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the law school faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law, where he joined the faculty in 1982 and was named the holder of the Robert W. Wagstaff Distinguished Professor of Law in 1995. Professor Glicksman has practiced with law firms in DC and New Jersey before joining and while on leave from academia, focusing on environmental, energy, and administrative law issues. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada.
- Three Legal Conundrums to Making REDD+ (Reducing Emissions from Deforestation and forest Degradation) Work, Professor David Takacs, University of California, Hastings College of Law Wednesday 1st March, 1pm-2pm, Melbourne Law School, 185 Pelham Street, Carlton.
In REDD+ (Reducing Emissions from Deforestation and forest Degradation), a community or individual is paid to avoid deforesting land or to reforest land that has been degraded. Usually the payer then obtains greenhouse gas reduction credits for the carbon thus saved in biomass. A coalition of unlikely bedfellows pose this as a win-win-win in environmental conservation: This is an efficient market mechanism where businesses and citizens mitigate greenhouse gas build up inexpensively, providing a funding stream to protect imperilled biodiversity and functioning ecosystems,while transferring billions of dollars from global North to South.
Yet REDD+ has attracted opponents who see potential methodological and human rights problems with its application. In this talk, I will discuss three thorny legal conundrums that must be addressed if REDD+ is to work as its proponents advocate: 1) Carbon is a new form of property: Who may own what property rights in carbon in a given locale? 2) What and how is carbon measured, monitored, reported, and verified in a REDD+ scheme, and who gets to dictate the terms? 3) How do we fulfil Environmental Democracy legal norms in REDD+ deals, where symmetries often exist in knowledge and power between those prizing forests for their carbon sequestration properties and those depending on forests for their livelihoods?
David Takacs is Professor of Law at University of California, Hastings College of the Law in San Francisco. His scholarly work addresses carbon offsetting, biodiversity conservation law, the Public Trust Doctrine,and the human right to water. He is the author of The Idea of Biodiversity (Johns Hopkins U. Press). In 2017, he received the Rutter Award for Outstanding Teaching at UC Hastings. He holds a J.D. from U.C. Hastings, an LL.M. from the School of Oriental and African Studies at the University of London, and a B.S. (Biology), M.A. (History and Philosophy of Science) and Ph.D. (Science & Technology Studies) from Cornell University.
- Frontiers 3 - Australian Colloqium for Environmental Law Teachers and Researchers. 15th & 16th February 2017.
Venue: Melbourne Law School, 185 Pelham Street, Carlton.
If you registered.....
You can access the Working Papers for this Colloquim at the below link, by entering a password. If you do not have your password yet, please contact Brad Jessup.
The final PROGRAM will be listed here on or about Tuesday 31 January 2017.
The annual Frontiers in Environmental Law Colloquium provides a forum for environmental law teachers and researchers to share and discuss their ideas, research and teaching practices. Through a supportive forum, it is hoped that we can appreciate and implement best practices and explore innovative ideas across our discipline and institutions and in doing so shape a sustainable future in our region.The National Environmental Law Association and the Centre for Resources, Energy and Environmental Law at Melbourne Law School, The University of Melbourne invite you to participate in Frontiers 3: the third Frontiers in Environmental Law Colloquium.
The aims of this colloquium are to:
* Provide a collegial forum in which participants exchange ideas, information and research on environmental law and policy issues.
* Promote an inclusive and supportive network of Australian and New Zealander environmental law scholars.
* Identify and discuss opportunities for research synergies, career progression and collaboration.
* Share and learn about innovative approaches to teaching and research in environmental law.
The papers discussions and presentations will engage with the ideas of frontiers, boundaries and intersections in environmental law, particularly:
* Intersections across environmental disciplines and environmental law.
* Multi-level or trans-jurisdictional governance of environmental problems.
* Researching environmental law through partnerships or novel or less frequently used methodologies.
* The regulation of cross-cutting or emerging environmental issues.
* Unpacking framings and foundational ideas of environmental law (e.g sustainability, justice, resilience, adaptation).
* Critical and contextual understandings of recent case law.
* New, experimental, or research-integrated approaches to teaching environmental law.
The colloquium will be held over two days, beginning at 9.50am on Wednesday 15 February 2017. A dinner for colloquium participants will be held at 7pm on Wednesday 15 February 2017. The colloquium will resume at 9am and conclude by 4pm on Thursday 16 February 2017.
The final program will be posted here on or about Tuesday 31 January 2017.
The focus of the colloquium will be on research paper presentation sessions, interspersed with brief provocative plenary incursions and collaborative sessions on teaching, research methodologies, and environmental law interactions and intersections outside of the academy.
Presenters are expected to read all draft papers. Each presenter will have 10 minutes to present their work, expecting that other participants have read their papers, followed by 10 minutes of roundtable comments and discussion and 5 minutes to respond to comments (25 minutes per paper).
The intention of this approach is to enable presenters to receive helpful feedback on their papers with a view to advancing the work-in-progress towards publication.
Draft papers can be accessed here (please contact Brad Jessup if you require the password).
All participants (whether or not they intend to present) will be sent some thinking points to prepare for the collaborative sessions.
Cost and Registration
The cost of the colloquium will be $175 (plus GST) for waged attendees or $50 (plus GST) for students. This cost covers catering for both days and dinner (not drinks) on Wednesday 15 February 2017.For those wishing not to attend dinner on Wednesday 15 February 2017, the cost of the colloquium will be $125 (plus GST).
Please register and pay on this link by Tuesday 31 January 2017.
- Australian Legal Geography Symposium. 16th & 17th February 2017.
Venue: Melbourne Law School, 185 Pelham Street, Carlton.
Event begins with dinner on 16 February, followed by an 8am - 4.30pm Symposum on 17 February.
The Institute of Australian Geographers Legal Geography Study Group, supported by the Centre for Resources, Energy and Environmental Law (CREEL) and the Institute for International Law and Humanities (IILAH) at Melbourne Law School, The University of Melbourne, invites you to participate in the 2017 Australian Legal Geography Symposium.
The Institute of Australian Geographers Legal Geography Study Group has convened in a workshop setting in various cities along the eastern seaboard over recent years. This symposium is the continuation of those past summer time meetings, and the first in Melbourne.
Symposium Aims The symposium offers a collegial environment to be kept abreast of the research of study group members, to broaden our network, to support PhD scholarship, and to explore research synergies and collaborations.
Up to twenty participants will be able to present a lightly developed work-in-progress paper with the purpose of receiving constructive peer guidance, and with the aim of drawing connections with the research of others. The overarching goal of the symposium will be to form research themes for forthcoming conferences for which participants will further develop their papers, and in doing so to highlight our collective scholarly contribution.
PhD scholars are especially encouraged to contribute to the symposium.
Symposium Themes Participants’ papers should explore a topic, method or concept in the field of legal geography. Framed by the reflective keynote address from legal geography pioneer, Professor Lee Godden, the symposium will allow participants to recall the progress the Institute of Australian Geographers Legal Geography Study Group has made in less than a decade of shared scholarship and to consider future research within the field.
Program The symposium will be held over one evening and one day, beginning at 5.45pm on Thursday 16 February 2017 with the keynote address by Professor Lee Godden at Melbourne Law School. Dinner (at Kaprica Pizzeria, 19 Lincoln Square South, Carlton) will begin at 7.30pm, signifying the start of our convivial discussions.
The symposium will resume from 8am on Friday 17 February 2017 with a legal geography fieldtrip at the Queen Victoria Market before moving to Melbourne Law School for a series of 5 to 10 minute work-in-progress presentations, an additional keynote, and a collaborative session where participants will map out synergies and future research agenda. The conference will conclude by 4.30pm on Friday 17 February 2017.
The symposium will follow the conclusion of the Annual Colloquium of Environmental Law Teachers and Researchers.
Outputs Unlike past workshops and meetings, the goal of the symposium is not to develop a themed publication, rather to share work-in-progress papers that can be further developed and presented at later conferences in a shared thematic context.
Cost The cost of the colloquium will be $50 (plus GST) to cover catering, including dinner (not drinks) on Thursday 17 February 2017.
Please register and pay by Friday 13 January 2017:
Participation will be capped at 20. All attendees are expected to participate by presenting a work-in-progress paper. Some direction about work-in-progress papers will be given to participants in January 2017.
- Value Creation in a Sustainable Manner.
Professor Mervyn King, Senior Counsel, University of South Africa. Hosted by CPA Australia, CREEL and CCLSR, 12 January 2017.
CPA Australia and Melbourne Law School’s Centre for Resources, Energy and Environmental Law (CREEL) and Centre for Corporate Law and Securities Regulation (CCLSR) cordially invite you to ‘Value creation in a sustainable manner’, presented by the esteemed Professor Mervyn King SC.
Gain insights from one of the world’s leading thinkers on the changing role of the corporation and how this may play out in complex regulatory and legal environments.
In our resource deprived world, value is no longer looked at through a financial lens, but rather, a sustainability lens. The result? A global shift away from short-term profit with a focus on financial capitalism to long-termism and inclusive capitalism. However, unless value is created in a sustainable manner, an organisation may actually be destroying value. As part of meeting these challenges in the changed world of the 21st century, Chief Financial Officers should perhaps view themselves as Chief Value Officers.
Professor King’s presentation will be followed by an open forum discussion and broader analysis of the potential effects of local and international developments in climate change litigation. How will increased shareholder activism force corporate decision-makers to consider and manage climate change risks? Will it drive a longer term perspective and preserve corporate value?
Professor Mervyn King, Senior Counsel University of South Africa
Professsor King is a Senior Counsel and former Judge of the Supreme Court of South Africa. He is Professor Extraordinaire at the University of South Africa on Corporate Citizenship, Honorary Professor at the Universities of Pretoria and Cape Town and a Visiting Professor at Rhodes. He has an honorary Doctorate of Laws from the Universities of the Witwatersrand and Leeds, is Chairman of the King Committee on Corporate Governance in South Africa, which produced King I, II and III, and is First Vice President of the Institute of Directors Southern Africa. He is Chairman of the International Integrated Reporting Council (IIRC), Chairman Emeritus of the Global Reporting Initiative (GRI) and a member of the Private Sector Advisory Group to the World Bank on Corporate Governance. He chaired the United Nations Committee on Governance and Oversight and was President of the Advertising Standards Authority for 15 years. He has been a chairman, director and chief executive of several companies listed on the London, Luxembourg and Johannesburg Stock Exchanges. He has consulted, advised and spoken on legal, business, advertising, sustainability and corporate governance issues in over 60 countries and has received many awards from international bodies around the world. He is the author of three books on governance, sustainability and reporting and sits as an arbitrator and mediator internationally.
- The Building Blocks Strategy for Mitigation Progress under the Paris Agreement.
Professor Richard Stewart, New York University, 4 February 2016.
The Paris Agreement embodies a tectonic shift to a bottom up approach to international climate cooperation. Given 20 years of impasse under a top-down approach, decomposition of climate policy into smaller problem-solving components is a crucial step forward. But bottom up does not mean “each tub on its own bottom.” Relying on countries to implement their nationally determined contributions (NDCs) to mitigation autonomously is a recipe for failure. Many countries, especially developing countries, need assistance in the form of investment and development finance, technology transfer, and capacity building.to reduce GHG emission while also promoting their areas of primary concern: economic, security, environmental and health and social goals. At the same time, GHG reductions must ultimately be achieved through specific regulatory, technology, development, and finance initiatives in particular sectors. Developing countries and mitigation progress can benefit greatly from transnational cooperation between public and private actors in order to pool resources and knowhow, build capacity and investment, experiment with different measures, track their performance, and identify and demonstrate best practices.
In order to meet these needs, the Building Block approach proposes an array of smaller scale, specialized regimes for transnational cooperation in particular sectors and geographic areas. It reaches beyond states to mobilize the energies and resources of business firms, NGOs, international organizations, and subnational governments as well as national governments. The approach relies on three distinct institutional logics -- clubs, institutional linkages, and dominant market actors – to mobilize and align a variety of non-climate incentives for actors to take actions that also reduce GHG emissions as a co-benefit. These may include profits for businesses, economic development and energy security for countries, and mission advancement for development funders. The building blocks strategy seeks to take advantage of climate altruism on the part of some actors but deploy other incentives to entice participation by others. In these ways, the strategy can help drive mitigation progress in order to achieve NDC targets and support increased ambition.
The building blocks strategy and the Paris approach are strongly complementary. Specific elements of the Paris Agreement can and should be developed to mobilize Building Blocks initiatives to stimulate transnational mitigation innovation and investment, thereby promoting by other means the goals of the now-obsolete Clean Development Mechanism.
Presenter Richard Stewart , University Professor; John Edward Sexton Professor of Law; Director, Frank J. Guarini Center on Environmental, Energy, and Land Use Law (New York University)
Richard B. Stewart is University Professor, John Edward Sexton Professor of Law, and Director of the Guarini Center on Environmental, Energy, and Land Use Law at New York University. He is an internationally recognized scholar in environmental law and policy and administrative law and regulation. His current research interests include; global regulation and global administrative law, international and domestic climate change regulatory policy, and nuclear waste regulatory law and policy.
Stewart previously served as Assistant Attorney General for Environment and Natural Resources at the U.S. Department of Justice, where he led the prosecution of Exxon for the Exxon Valdez Oil Spill and the U.S. position on the 1992 Framework Convention on Climate Change. Prior to joining the Justice Department, he taught at the Harvard Law School and Kennedy School of Government for 18 years. He also served as Special Counsel to the Senate Watergate Committee and as a law clerk to Justice Potter Stewart of the U.S. Supreme Court. He was formerly Chairman and currently serves as Advisory Trustee of Environmental Defense Fund. Stewart was a Rhodes Scholar, and is a member of the American Academy of Arts and Sciences and the American Law Institute.
A graduate of Yale, Oxford, and Harvard Law School, he holds honorary degrees from the University of Rome “La Sapienza” and the Erasmus University, Rotterdam.
- Traditional Fire Management and Climate Change
Nolan Hunter CEO KLC, Ari Gorring, Strategic Business Development KLC, Sam Johnston, Visint International Research Visitor and author of UN Report on savanna burning, 19 February 2016.
Speakers: Nolan Hunter CEO KLC, Ari Gorring, Strategic Business Development, KLC, Sam Johnston, Visiting International Research Visitor and author of UN report on savanna burning
Over the past decade Traditional Fire Management (TFM) projects in Northern Australia have combined traditional approaches to fire management with scientifically robust emissions accounting methods to deliver substantial reductions in wildfire and greenhouse gas emissions, producing Australian Carbon Credits Units (ACCUs). They have also delivered social and environmental outcomes through improving biodiversity and landscape health, reinvigorating social and cultural traditions, strengthening climate change adaptability, reversing socio-economic disadvantage and increasing employment opportunities in some of the most important and biodiverse landscapes of the world.
These TFM projects represent a rapidly developing business in Australia that will play an increasingly important role in climate change policies. 55 projects are registered with the Australian Government’s Emission Reduction Fund. Through the ERF process the Government has agreed to pay over $90m for 7m savanna burning ACCUs. New methodologies are expected to be approved this year that will significantly expand the opportunities. A recent UN report has demonstrated significant international potential for further expansion of these methods. A leader in this development is the Kimberley Land Council (KLC) who has facilitated the establishment of four Savanna carbon projects in the Kimberley.
The next few years will significantly shape the future prospects for TFM projects. Australia’s climate change policies are set for comprehensive review in 2017 and climate change will be a key issue in the next Federal Election in 2016. The UNFCCC’s Paris Agreement provides important opportunities for land use management and carbon trading, that TFM can make an important contribution to achieving.
This seminar will bring together leading experts to discuss some of the key challenges that TFM projects face, focusing on the following points:- * Securing carbon rights for Native Title holders to use the biosequestration methodology; * Developing value for co-benefits; and * The role of savanna burning in future domestic and international climate change policy developments.
Nolan Hunter is the CEO of the Kimberley Land Council – a not-for‑profit organisation that assists Aboriginal people to secure land rights. He is also the Chairman of the National Native Title Council and a member of the Western Australian State Government Kimberley Regional Planning Committee.Mr Hunter is an active campaigner for Indigenous native title rights and management of country.
Ariadne Gorring is currently the Land and Sea Unit Manager at the Kimberley Land Council. Ariadne has worked at the KLC for more than 10 years in a variety of positions, including coordinating the National Heritage Project which resulted in the successful listing of the Kimberley for its Indigenous cultural values. Ariadne completed a Sustainable Development and Entrepreneurship degree at Murdoch University and has a particular interest in the implementation of Traditional Owner aspirations in a post native title setting.
Sam Johnston is a member of CREEL and currently an International Research Visitor at the Melbourne Law School. Visiting from the United Nations University, Sam has degrees in chemistry and law and is a qualified lawyer in the Supreme Court of Victoria. He is a member of the IUCN World Commission on Environmental Law, and a member of the Panel of Experts for the Benefit-sharing Fund of the International Treaty on Plant Genetic Resources for Food and Agriculture.
This Seminar was hosted by CREEL, 19 February 2016.
- The End of Sustainability and the Role of Resilience Thinking in Natural Resource Management
Professor Robin Craig, William H. Leary Professor of Law, University of Utah, 23 February 2016.
Panel Members: Katherine Lake (Lawyer and Policy Advisor); Felicity Millner (Director of Litigation, Environmental Justice Australia); Erin O'Donnell (Senior Fellow, University of Melbourne); Anita Foerster (Environmental Governance Researcher, University of Melbourne).
As the Intergovernmental Panel on Climate Change (IPCC) acknowledges in its 2014 assessment reports, climate change puts sustainability goals and sustainable development at risk. Nevertheless, governments and other governance entities have been reluctant to acknowledge this risk, even as synergistic impacts on natural resources is demonstrating that the limits of the planet are being reached (and maybe exceeded) and that human well-being is being actively retarded in socio-ecological systems where the "ecological" part is crashing. We have not yet learned to live with the trickster that is climate change, and this talk argues that resilience thinking offers a better paradigm that sustainability for moving forward because it actively incorporates transformative change as a socio-ecological reality and norm.
This Seminar was hosted by CREEL, 23 February 2016.
- Transnational Corporations and Sustainable Development: Clash or Mutual Supportiveness between Human Rights and Investment Law?
Dr Marcos A. Orellana, Adjunct Associate Professor, George Washington University School fo Law and Director of the Human Rights and Environment Program at the Centre for International Environmental Law (CIEL) in Washington, 20 April 2016.
The sustainable development paradigm is increasingly looking at businesses as a key actor in multi-stakeholder partnerships. While some highlight the value of these partnerships and soft law instruments like the Guiding Principles on Business and Human Rights for their ability to build consensus and effectuate change, others point to the limitations of voluntary initiatives in preventing abuses and securing accountability. Against this backdrop, in July 2014 the UN Human Rights Council mandated negotiations toward a binding instrument on transnational corporations with respect to human rights.
Proponents argued that contemporary international law sources contemplate rights for corporations but no obligations to respect human rights and the environment. They further argued that these structural imbalances were aggravated by economic globalization and the governance gaps in many States, in the end denying victims of corporate abuse access to an effective remedy. This seminar will map the landscape of the current debate on the interplay of human rights and investment law as it has unfolded in the negotiations of the “TNC Treaty”, and it will also explore the conceptual tensions and synergies that concern the role of TNCs in the sustainable development process.
Marcos A. Orellana is Adjunct Associate Professor at the George Washington University School of Law and Director of the Human Rights and Environment Program at the Center for International Environmental Law (CIEL) in Washington DC. Prior to joining CIEL, Dr. Orellana was a Fellow to the Lauterpacht Research Centre for International Law of the University of Cambridge in the UK, a Visiting Scholar with the Environmental Law Institute in Washington DC, and Instructor Professor of international law at the Universidad de Talca in Chile. Dr. Orellana has provided legal advice to various international governmental and non-governmental organizations, including the UN Environment Programme and the UN Office of the High Commissioner for Human Rights. Dr. Orellana has also served as legal counsel for the Chilean Government in international negotiations, including the Rio+20 Conference and the Paris Agreement on Climate Change.
This Seminar was hosted jointly by CREEL and the Centre for Corporate Law and Securities Regulation (CCLSR), 20 April 2016.
- Roundtable Event - CREEL and Asian Law Centre
Ritwick Dutta, Environmental Lawyer and Managing Trustee, Legal Initiative for Forest and Environment, India, 28 July 2016.
Ritwick Dutta is an Environmental Lawyer & Managing Trustee, Legal Initiative for Forest and
Environment. He has focused exclusively on environmental litigation and has supported
communities, civil society groups and affected citizens in bringing environmental issues before
the Court. His principle focus is the National Green Tribunal where he also serves as the
Secretary of the National Green Tribunal Bar Association. Ritwick is an Ashoka Fellow and is the
recipient of the Carl Zeiss Roll of Honour 2005. The Sanctuary ABN AMRO Award 2007, the
NDTV Green Hero Award 2010, the Balipara Foundation Award 2015. He is the Board member
of NGO Platform on Shipbreaking and leads The Access Initiative – South Asia, the largest
network of CSO’s working on access to information, public participation & access to justice. He
has authored 13 books on environmental law including the Supreme Court on Forest
Conservation and National Green Tribunal published by Universal Law Publishing.
This Roundtable was hosted jointly by CREEL and the Asian Law Centre, 28 July 2016.
- Ecosystem Services in the US: Principles, Policies and Practices
Dr Lydia Olander, Nicholas Institute for Environmental Policy Solutions, Duke University, 28 July 2016.
Lydia directs the Ecosystem Services Program in the Nicholas Institute. She co-leads Duke’s
Ecosystem Services Working Group; and leads the National Ecosystem Services Partnership
which is currently coordinating the Federal Resource Management and Ecosystem Services
Project. She also works on environmental markets and mitigation, including forestry and
agricultural based climate mitigation; wetland, stream and endangered species mitigation; and
water quality trading. For the past two months Lydia has been a Visiting Fellow in the School of
Ecosystem and Forest Sciences.
This event was hosted jointly by CREEL and the Asian Law Centre, 28 July 2016.
- The Geopolitics of Energy and Investment Arbitration
Professor Anatole Boute, Chinese University of Hong Kong, 4 August 2016.
Energy is not just a key economic sector, it is also of crucial geostrategic importance.
The dual economic and strategic nature of energy influences the regulation of trade and investment
in this industry.However, the legal discipline is poorly equipped to fully understand the inherent
complexity of energy security. This paper proposes to use theories of “geopolitics” – i.e. the analysis
of the interaction between geographical forces and political processes – to reflect the strategic nature of energy in the legal analysis of this sector. The focus is on the regulation of energy investments. Foreign control over strategic energy assets can be perceived as a threat to national energy security. State-owned energy companies can be used as “geopolitical actors” in the pursuit of broader foreign policy objectives. Building on the “geopolitics”, energy law and investment law literature, this paper examines the regulation of “geopolitical investments” under investment arbitration and, on this basis, proposes a new interdisciplinary perspective to the study of energy security and investment protection.
Professor Anatole Boute is an Associate Professor at the Chinese University of Hong Kong and
Legal Advisor to the International Finance Corporation (World Bank Group).
This Seminar was hosted jointly by CREEL, and the Centre for Comparative Constitutional Studies (CCCS), 4 August 2016.
- Recent Develoments in Aboriginal Title Law in Canada: Tsilhqotin Nation v. British Columbia (SCC 2014) and its impact.
Professor Emeritus Kent McNeil, Osgoode Hall Law School, Toronto, 25 October 2016.
In June, 2014, the Supreme Court of Canada issued a declaration of Aboriginal title to land for the first time in Canadian history. The judgment clarified a number of issues, including what is necessary to prove Aboriginal title, whether it is site-specific or territorial, the content of Aboriginal title and of the Crown’s underlying title, and the extent of provincial authority in relation to Aboriginal title land. But the decision also left a number of issues unresolved, in particular the relevance of Indigenous law to Aboriginal title and the continuing governance authority of Indigenous peoples. The decision will also affect land claims negotiations in British Columbia and elsewhere in Canada, though it is still too early to assess the extent of this impact.
Kent McNeil is a distinguished research professor (emeritus) at Osgoode Hall Law School in Toronto, where he has taught since 1987.
This Conference was hosted by CREEL, 25 October 2016.
- Workshop - Shaping the Next Generation of Australian Climate Litigation
Led by Professor Jacqueline Peel and Dr Anita Foerster, University of Melbourne, 17 November 2016.
Introduction & Update on US election implications - Jacqueline Peel & Hari Osofsky
*What is ‘next generation’ climate litigation?
*What are the drivers and barriers for next generation climate litigation?
*How does it interact with first generation litigation?
Avenues for Next Generation Climate Litigation
*What are the emerging options?
*How do these compare with previous climate litigation models?
oPublic Trust Doctrine & Rights-based Litigation (drawing on US experience) – Hari Osofsky, University of Minnesota
oTorts? - Negligence and Public Nuisance? An Urgenda case in Australia? – Tim Baxter, University of Melbourne
oCorporations / Securities law avenues – Sarah Barker, MinterEllison
oAdaptation Litigation going forward – Tayanah O’Donnell, University of Canberra
oReflections on Queensland Coal Litigation – a continuing role for statutory & administrative avenues? – Sean Ryan, EDO Qld
Taking Next Generation Climate Litigation Forward
*Using climate change science in litigation - David Karoly, University of Melbourne
*Procedural issues, courts, substantive causes of action, building networks – Ariane Wilkinson, Environment Justice Australia
*Strategic partnering / facilitative litigation – Anita Foerster, University of Melbourne
This Australian Research Council project workshop was hosted by CREEL, 17 November 2016.
- The Paris Agreement - Where to Now and What are the Impacts to Australia?
Panel Members, Sam Johnston (Senior Research Fellow, United Nations University Institute for the Advanced Study of Sustainability (UNU IAS); Emily Gerrard (Co-Head of Allens' Climate Change Group and specialist Environmental Lawyer); Alexandria Rantino (Senior Policy Officer, Department of Foreign Affairs and Trade), 8 December 2016.
The Paris Agreement, adopted in 2015, revitalised efforts to tackle climate change. The Agreement
entered into force less than a year after its adoption, having been ratified by well over 100 countries,
including Australia. The 22nd United Nations Climate Change Conference (COP22), which took place from 7-18 November 2016 in Marrakech, delivered a work plan to develop the rules that will underpin the Paris Agreement over the next couple of years. It also recognised the strong complementary emissions-reduction efforts being made this year under the Montreal Protocol, International Civil Aviation Organisation, and International Maritime Organisation. There are many opportunities for Australia in the global shift to a low-carbon, climate-resilient economy. There will also be challenges to international efforts to tackle climate change, including the recent election of Donald Trump, a self professed climate sceptic.
This seminar brings together three participants of COP22 to consider:
* The main outcomes of the COP and other developments in addressing climate change
* Challenges and opportunities that lie ahead
* How these efforts will affect Australia
Sam Johnston is a Senior Research Fellow at the United Nations University Institute for the Advanced Study of Sustainability (UNU IAS) - a policy think tank for the United Nations based in Japan. He has 26 years’ experience in working on climate change issues at an international level. Sam is also a Senior Fellow at the Faculty of Law for 2017 and a member of the advisory board at the Centre for Resources, Energy and Environmental Law, University of Melbourne; and a member of the IUCN World Commission on Environmental Law.
Emily Gerrard is Co-Head of Allens' Climate Change Group and a specialist environmental lawyer.
Emily's experience includes advising clients on a range of environmental regulatory and compliance
matters, including the Australian Government's Emissions Reduction Fund (ERF), ERF Safeguard
Mechanism and the inclusion of Indigenous land tenures in the Carbon Credits (Carbon Farming
Initiative) Act 2011, as well as participation in native vegetation, biodiversity, carbon and water
Alexandria Rantino is a senior policy officer at the Department of Foreign Affairs and Trade, which
leads Australia’s negotiations under the UN Framework Convention on Climate Change (UNFCCC). Alex negotiates on technology and trade-related issues under the UNFCCC, and shipping emissions under the International Maritime Organisation. Previously, Alex has worked at the Climate Change Authority,
Department of Prime Minister and Cabinet, and United Nations Environment Programme.
This Seminar was hosted by CREEL, 8 December 2016.
- After the Scottish Referendum: The "The Enduring Settlement" and its Implications for the Energy Industries
Professor Terence Daintith, Institute of Advanced Legal Studies, University of London, UK. 17 March 2015.
Despite the rejection of independence, the Scottish referendum has led to proposals for substantial enlargement of the powers devolved to the Scottish government, including control of onshore oil and gas. The paper looks at the implications and possible further development of the devolution proposals, in the context of the unstable political situation that is expected to follow from the 2015 UK General Election.
This Seminar was hosted jointly by CREEL and the Centre for Comparative Constitutional Studes (CCCS), 17 March 2015.
- The Urgenda climate case win against the Dutch Government: How citizens win and what it means for Australians
Ms Minnesma, Urgenda, Netherlands. 23 July 2015.
Ms Minnesma will speak about her work with Dutch organisation Urgenda, who recently made history with their landmark climate change case in the Netherlands.
This Seminar was hosted by CREEL, 23 July 2015.
- Selected Legal Issues in Mining Licensing in Mongolia
Judge Tsogt Tsend, Administrative Court of Appeals, Mongolia Clinical Law Instructor, School of Law, National University of Mongolia. 28 October 2015.
This Seminar was hosted jointly by CREEL and the Asial Law Centre, 28 October 2015
- Commons Governance Masterclass
Michel Bauwens, Founder of P2P Foundation. 6 December 2015.
Michel Bauwens, an international peer-to-peer innovator presented a mind-expanding masterclass in commons governance, and how to solve practical problems in designing institutions to meet the challenges of the coming decades.Michel Bauwens, the founder of the P2P Foundation and a co-founder of the Commons Transition Platform, shared his knowledge and analysis of the core issues in commons-based pathways for generating economic and social innovation.
Michel discussed the basic problems and principles in commons governance design, emerging tools such as innovative intellectual property licences and blockchain technology, and case studies from Spain, New Zealand and virtual transnational spaces. The presentation was followed by working with participants to collectively analyse, critique and generate suggestions for the emerging issues of a local Australian start-up: the Open Food Network, a non-profit, open-source enterprise supporting local food initiatives globally.
Finally, the event also workshopped governance models and issues arising from the projects and experience of participants in the room.
This Masterclass was hosted jointly by CREEL and the Open Food Foundation, 6 December 2015
- Building Community Resilience in the Sharing Economy
Janelle Orsi, Sustainable Economies Law Centre in Oakland, California, 12 February 2014.
Janelle, a lawyer and an educator, is at the forefront of the exploration of the role of law and lawyers in the emergent ‘sharing economy’, where communities reorder their access to the goods and services they need to position themselves for a sustainable and secure future.
This event was staged as part of the Sustainable Living Festival, 12 February 2014.
- The Core Failure of US Environmental Law: The Grandfathering of Existing Sources Under the Clean Air Act
Professor Richarc Revesz, New York University, 31 March 2014.
Professor Revesz will explain how this grandfathering approach kept obsolete plants in operation far longer than would otherwise have been the case, created incentives for interest group pressures to expand the scope of the grandfathering, made it difficult to regulate interstate pollution, and is largely responsible for the failure of legislation to control greenhouse gases.
Professor Richard Revesz is Lawrence King Professor and Dean Emeritus at New York University (NYU) School of Law and is one of the nation’s leading voices in the fields of environmental and regulatory law and policy. He has published Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (with Michael Livermore, 2008). He is the faculty director of NYU’s Institute for Policy Integrity; serves on the National Academy of Sciences’ Committee on Science, Technology, and Law and is a public member of the Administrative Conference of the United States.
This Seminar was hosted by CREEL, 31 March 2014.
- Sir Zelman Cowen Conference
Woodward Conference Centre, Melbourne Law School, 26 & 27 March 2014.
The Zelman Cowen Conference, held in honour of The Right Honourable Sir Zelman Cowen AK GCMG GCVO QC PC, is the third in a series of international research conferences conducted by the Melbourne Law School and the Faculty of Law at Oxford University.
Sir Zelman was Dean of the Faculty of Law in the University of Melbourne from 1951 to 1966, Vice-Chancellor of the University of New England from 1967 to 1970, Vice-Chancellor of the University of Queensland from 1970 to 1977, Governor-General of the Commonwealth of Australia from 1977 to 1982, and Provost of Oriel College, Oxford from 1982 to 1990. He died in Melbourne on 8 December 2011.
The conference comprises sessions on seven connected themes to which Sir Zelman made a major contribution during his long and distinguished career of public service:
- International Relations and the British Commonwealth
- Constitutional Law: Federal Jurisdiction and Reshaping Institutions
- Liberty: Privacy, the Media and the Press Council
- Private International Law
- Governor-General and the Republic
- Legal Biography
- Legal Education
Speakers at the conference will examine the enduring significance of these themes and explore major developments in them during the period since they were the subject of Sir Zelman’s scrutiny.
In conjunction with the conference, Professor Glyn Davis AC, Vice-Chancellor and Principal of the University of Melbourne, will give the Sir Zelman Cowen Public Lecture on ‘Universities in the service of the nation’, in recognition of Sir Zelman’s remarkable contribution to universities in Australia, the United Kingdom and several other countries.
This Conference was hosted by CREEL, 26 & 27 March 2014.
- Sir Zelman Cowen Public Lecture – Universities in the service of the Nation
Professor Glyn Davis, Vice Chancellor and Principal of the University of Melbourne
Among many career distinctions, Sir Zelman Cowen was an outstanding university leader who believed strongly in the power of education, debate and ideas. The lecture will explore Sir Zelman’s personal reflections on higher education and how these connect with wider Australian and international conceptions of the role and purposes of higher education.
Glyn Davis is Professor of Political Science, Vice-Chancellor and Principal of the University of Melbourne, and immediate past Chair of Universities Australia. Professor Davis was educated in political science at the University of New South Wales and the Australian National University, before undertaking post-doctoral appointments as a Harkness Fellow at the University of California Berkeley, the Brookings Institution in Washington DC and the John F. Kennedy School of Government at Harvard University.
Internationally, Professor Davis is an immediate past Chair of Universitas 21, a grouping of 24 leading universities from around the globe, a member of the Association of Pacific Rim Universities, and a Director of the Menzies Centre for Australian Studies at King’s College London.
In 2010 Professor Davis presented the Boyer Lectures published as The Republic of Learning.
This Public Lecture was hosted by CREEL, 26 March 2014.
- The Supreme Court of Canada’s Aboriginal Title Declaration in Tsihlquo’in and its Implications
Professor Dwight Newman, University of Saskatchewan, 25 July 2014.
On June 26 2014, the Supreme Court of Canada made the first declaration of Aboriginal title rendered in a Canadian courtroom. Its decision in the case, Tsihlqot’in, has a number of key implications for the law and for policy in the natural resource context, and it will be of interest both domestically and internationally. This seminar will analyse the key aspects of the case and comment on claims (some correct and some incorrect) as to its implications for other litigation and negotiation on various Indigenous rights issues in Canada, thus seeking to offer comparative perspectives to an Australian audience.
Dwight Newman is Professor of Law & Canada Research Chair in Indigenous Rights in Constitutional and International Law, University of Saskatchewan. He completed his J.D. at Saskatchewan and B.C.L. and D.Phil. at Oxford University where he studied as a Rhodes Scholar. He has published over fifty journal articles, mostly on constitutional law and Indigenous rights, and his books include Community and Collective Rights (Hart 2009); Natural Resource Jurisdiction in Canada (LexisNexis Canada 2013); and Revisiting the Duty to Consult Aboriginal Peoples (Purich 2014).
This Seminar was hosted by CREEL, 25 July 2014.
- The 2014 Nathan and Pamela Jacoboson Lecture – Protecting Australia’s Threatened Species and the Environment: Policy, reform and Action
The Hon. Greg Hunt MP, Minister for the Environment, 15 October 2014.
Past attempts to protect Australia’s threatened species and improve the health of our land and water have yielded mixed results. There have been successes: the revegetation of our land over the past two decades through the National Salinity Plan, the Natural Heritage Trust and Landcare and the success, also, of the Murray Darling Basin Plan. Both of these have been achieved with bi-partisan support.
Where Australia has failed is in the protection of both our threatened species and the Great Barrier Reef, both of which were meant to have been protected through the law. These failures have shown us that the law alone is not enough. In fact, our over-reliance on law has allowed deep problems to persist. The focus now needs to be on outcomes: how we can increase the numbers of our threatened species - whether it be loggerhead turtles, quolls, southern brown bandicoots or our great and iconic whale populations - tackle habitat degradation and improve water quality around the Reef. This requires real action rather than legislation.
The Hon. Greg Hunt MP graduated from Melbourne University in 1990 with First Class Honours in Law. He subsequently won a Fulbright Scholarship to complete a Masters in International Relations at Yale University in the United States.
Minister Hunt was elected as the Federal Member for Flinders in 2001. In 2004 he became Parliamentary Secretary to the Minister for Environment and Heritage and in January 2007 was appointed Parliamentary Secretary to the Minister for Foreign Affairs.
After the November 2007 Federal election, Minister Hunt was appointed Shadow Minister for Climate Change, Environment and Urban Water, a role that brought together the great interests of his time in parliament. After the 2013 Federal election he became Minister for the Environment, with responsibility for climate, environment, heritage and water.
The Nathan and Pamela Jacobson Lecture
Mr Nathan Jacobson OBE (LLB 1946) was a corporate lawyer and founding partner of Jacobson, Chamberlin & Casen. He is a highly prominent member of Australia’s Jewish community and a committed philanthropist. He received an OBE in 1972 for services to the community. The 2014 Nathan and Pamela Jacobson Lecture was made possible by the generous support of Mr Nathan Jacobson OBE and Mrs Pamela Jacobson.
This event was hosted by CREEL, 15 October 2014.