Emerging Frontiers in International Environmental Law
Room 223. Level 2
185 Pelham Street
T: 03 9035 5717
International environmental law is a relatively new and dynamic field of international law. It draws on multidisciplinary inputs (science, politics, international relations, economics etc) in designing multilateral and innovative legal tools for dealing with a diverse array of complex environmental problems (climate change, marine pollution, biodiversity loss, hazardous waste disposal etc). In the last decade, international environmental law has acquired considerable breadth, depth, nuance, complexity, and reach. It is now more deeply interconnected with policy and legal efforts in many other fields, including international trade and investment, human rights and migration, energy, technology innovation and intellectual property protection.
This seminar brings together expert contributors to the planned 2nd edition of the Oxford Handbook on International Environmental Law (edited by Lavanya Rajamani and Jacqueline Peel) to discuss developments and innovations in their respective areas of expertise to be covered in the book. In particular, the seminar will feature presentations on: the interface of science with international environmental law; the impact of intellectual property law on international environmental law; efforts to deal with fragmentation, including the draft Global Pact for the Environment; and key challenges in national implementation of international environmental laws. This seminar will offer an excellent opportunity to hear from leading experts in these areas and feedback from participants will be used by authors in refining their chapters for the Handbook.
Professor Jacqueline Peel, Associate Dean, Melbourne Law Masters
Professor Jacqueline Peel
Associate Dean, Melbourne Law Masters
Melbourne Law School
Professor Jacqueline Peel is a leading, internationally recognised expert in the field of environmental and climate change law. Her scholarship on these topics encompasses international, transnational and national dimensions, as well as interdisiplinary aspects of the law/science relationship in the environmental field and risk regulation. Professor Peel is the author or coauthor of several books and numerous articles on these topics. Her books on these topics include The Role of International Environmental Law in Disaster Risk Reduction (ed with D. Fisher, Brill, 2016); Climate Change Litigation: Regulatory Pathways to Cleaner Energy (with H. Osofsky, 2015, CUP); Australian Climate Law in a Global Context (CUP, Melbourne, 2013 with A. Zahar and L. Godden); Principles of International Environmental Law (3rd ed, CUP, UK, 2012, and 4th edn, 2018, with P. Sands ); Environmental Law: Scientific, Policy and Regulatory Dimensions (OUP, 2010, with L Godden and 2nd ed forthcoming with L. Godden and J. McDonald); Science and Risk Regulation in International Law (CUP, UK, 2010) and The Precautionary Principle in Practice (Federation Press, 2005). Professor Peel has been an active contributor to public policy formulation on climate change and environmental issues at the national and international level through her work on bodies such as the International Law Association's Committee on Legal Principles Relating to Climate Change, the International Bar Association's Working Group on a Model Statute for Climate Change Relief and the Australian Panel of Experts in Environmental Law. From 20192021, Professor Peel will serve as a Lead Author in WGIII of the InterGovernmental Panel on Climate Change for its 6th Assessment Report. In addition to these roles, Professor Peel has served on the Membership Committee of the American Society of International Law and as cochair of its International Environmental Law interest group (2014 2017), and is currently a Council Member and Secretary of the Australia New Zealand Society of International Law. She is a member of the Editorial Board for Climate Law, the European Journal of Risk Regulation and the Environmental and Planning Law Journal. Professor Peel's research has attracted competitive funding from various organisations, including the Australian Research Council (ARC), VCCCAR and the United States Studies Centre. In the field of climate change law, Professor Peel has held several ARC grants: to examine the regulatory framework for responding to climate change in Australia (2009 2011 with L. Godden and R. Keenan); on the role of climate change litigation in transitioning to a clean energy future (20122017, with H. Osofsky); and on legal mechanisms for promoting corporate energy transition (20162019, with H. Osofsky and B. McDonnell). Professor Peel has also been a Visiting Scholar at the Berkeley Law School's Centre for Law, Energy and Environment (UC Berkeley, California) and also at Stanford Water in the West, Stanford University (2012 2015). Together with Dean Osofsky, Professor Peel provides evaluation and research consultancy services to the UKbased Children's Investment Fund Foundation for their grants on strategic climate change litigation. Professor Peel has received several prestigious awards such as a Fulbright Scholarship, NYU Hauser Scholarship and the Morrison Prize 2018 for her awardwinning article with Dean Hari Osofsky (Penn State) on "Energy Partisanship". She is regularly invited to take part in expert panels at conferences and to deliver keynote addresses, such as the 2016 Mahla Pearlman Oration in Environmental Law. Professor Peel takes an active interest in fostering early career researchers in her field, including her PhD students. In 2017 she cofounded (with Dean Osofsky) the Women's Energy and Climate Law Network with the aim of fostering greater involvement of women in areas of energy and climate lawrelated scholarship and practice. Professor Peel holds the degrees of Bachelor of Science and Bachelor of Laws (Hon I) from the University of Queensland, a Master of Laws from New York University where she was a Fulbright scholar, and a PhD from the University of Melbourne. In 2003 2004, Professor Peel returned to NYU Law School as a Hauser Research Scholar and Emile Noel Fellow. Prior to her appointment at Melbourne, Jacqueline completed an internship at the United Nations International Law Commission, working with Professor James Crawford on the UN International Law Commission's State Responsibility articles. From 1997 to 1999 she practised environmental and planning law at the national law firm of Allens Arthur Robinson.
Ms Alice Palmer, Senior Fellow (Melbourne Law Masters)
Ms Alice Palmer
Senior Fellow (Melbourne Law Masters)
Melbourne Law School
Alice Palmer is a Senior Fellow in the Melbourne Law Masters Program who has combined a career in legal practice and law reform with teaching and training of law students, government representatives and advocates on issues relevant to environmental protection. She was previously a lawyer with the Law Institute of Victoria advising on law reform in the fields of human rights and administrative law, prior to which she was based in the UK as the Director of the Foundation for International Environmental Law and Development (FIELD), a notforprofit organisation that provided advice and training to governments and public interest organisations on international environmental law and global development issues. Before specialising in public international law, Alice practised as a lawyer with corporate law firms Davis Polk & Wardwell in New York and Arthur Robinson & Hedderwicks in Melbourne and worked on refugee and migration issues in national and international contexts. Alice has taught classes on international environmental law issues at University College London, Kent Law School and the University of Melbourne. She has a Master of Laws degree, specialising in public international law, from New York University, and she obtained her Bachelor degrees in Arts and Laws (with Honours) from the University of Melbourne. Alice is currently undertaking a PhD in international environmental law at the University of Melbourne.
Associate Professor Margaret Young, Director of Studies, Environmental Law
Associate Professor Margaret Young
Director of Studies, Environmental Law
Melbourne Law School
Margaret A Young (PhD, LLM, LLB, BA Hons) researches and lectures in international law. She is the author of Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011), Regime Interaction in International Law: Facing Fragmentation (Cambridge University Press, 2012) and, with colleagues from Melbourne Law School, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press, 2017). Dr Margaret Young joined Melbourne Law School in 2009. She was previously the William Charnley Research Fellow in Public International Law at Pembroke College and the Lauterpacht Centre for International Law, University of Cambridge, where she also lectured in Cambridge's LLM course on WTO law. She has worked at the World Trade Organisation (Appellate Body Secretariat) and the United Nations International Law Commission, is a former associate to the Chief Justice of the Federal Court of Australia, and has practised as a solicitor at a major Australian national law firm. She is the author of Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011), which was awarded the International Union for Conservation of Nature (IUCN) Academy of Environmental Law Junior Scholar Prize in 2012 and the University of Melbourne Woodward Medal in Humanities and Social Sciences in 2016. Her edited collection Regime Interaction in International Law: Facing Fragmentation (Cambridge University Press, 2012) includes contributions from leading international, comparative and constitutional law scholars and is based on the conference she convened at the University of Cambridge on Regime Interaction in International Law: Theoretical and Practical Challenges. Her latest book, coauthored with colleagues from the Melbourne Law School, is The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press, 2017). Dr Young holds a PhD and an LLM from the University of Cambridge and a BA/LLB (Hons) from the University of Melbourne and has been a Visiting Scholar at Columbia Law School. Her graduate studies were supported by a number of awards, including the Gates Scholarship, the Commonwealth Scholarship and a scholarship from the Modern Law Review. In 2016, she was the Director of Studies for public international law at the Hague Academy of International Law. Dr Young currently serves as an expert for the E15 Initiative convened by the International Centre for Trade and Sustainable Development and the World Economic Forum, and she one of the international legal experts who met in Paris in 2017 to finalize a draft preliminary text for the ‘Global Pact for the Environment’.
Professor Matthew Rimmer, Professor, Intellectual Property and Innovation
Professor Matthew Rimmer
Professor, Intellectual Property and Innovation
Queensland University of Technology (QUT)
Dr Matthew Rimmer is a Professor in Intellectual Property and Innovation Law at the Faculty of Law, at the Queensland University of Technology (QUT). He is a leader of the QUT Intellectual Property and Innovation Law research program, and a member of the QUT Digital Media Research Centre (QUT DMRC) the QUT Australian Centre for Health Law Research (QUT ACHLR), and the QUT International Law and Global Governance Research Program (QUT IP IL). Rimmer has published widely on copyright law and information technology, patent law and biotechnology, access to medicines, plain packaging of tobacco products, intellectual property and climate change, and Indigenous Intellectual Property. He is currently working on research on intellectual property, the creative industries, and 3D printing; intellectual property and public health; and intellectual property and trade, looking at the Trans Pacific Partnership, the Regional Comprehensive Economic Partnership, and the Trans Atlantic Trade and Investment Partnership, and the Trade in Services Agreement. His work is archived at QUT ePrints SSRN Abstracts Bepress Selected Works. Dr Matthew Rimmer holds a BA (Hons) and a University Medal in literature (1995), and a LLB (Hons) (1997) from the Australian National University. He received a PhD in law from the University of New South Wales for his dissertation on The Pirate Bazaar: The Social Life of Copyright Law (19982001). Dr Matthew Rimmer was a lecturer, senior lecturer, and an associate professor at the ANU College of Law, and a research fellow and an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA) (2001 to 2015). He was an Australian Research Council Future Fellow, working on Intellectual Property and Climate Change from 2011 to 2015. He was a member of the ANU Climate Change Institute. Rimmer is the author of Digital Copyright and the Consumer Revolution: Hands off my iPod (Edward Elgar, 2007). With a focus on recent US copyright law, the book charts the consumer rebellion against the Sonny Bono Copyright Term Extension Act 1998 (US) and the Digital Millennium Copyright Act 1998 (US). Rimmer explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the iPod, TiVo, Sony Playstation II, Google Book Search, and peertopeer networks. The book also highlights cultural developments, such as the emergence of digital sampling and mashups, the construction of the BBC Creative Archive, and the evolution of the Creative Commons. Rimmer has also participated in a number of policy debates over Film Directors’ copyright, the AustraliaUnited States Free Trade Agreement 2004, the Copyright Amendment Act 2006 (Cth), the AntiCounterfeiting Trade Agreement 2011, and the TransPacific Partnership. He has been an advocate for Fair IT Pricing in Australia. Rimmer is the author of Intellectual Property and Biotechnology: Biological Inventions (Edward Elgar, 2008). This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from microorganisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialisation of biological inventions. Rimmer also edited the thematic issue of Law in Context, entitled Patent Law and Biological Inventions (Federation Press, 2006). Rimmer was also a chief investigator in an Australian Research Council Discovery Project, “Gene Patents In Australia: Options For Reform” (2003 2005), an Australian Research Council Linkage Grant, “The Protection of Botanical Inventions (2003), and an Australian Research Council Discovery Project, “Promoting Plant Innovation in Australia” (2009 2011). Rimmer has participated in inquiries into plant breeders’ rights, gene patents, and access to genetic resources. Rimmer is a coeditor of a collection on access to medicines entitled Incentives for Global Public Health: Patent Law and Access to Essential Medicines (Cambridge University Press, 2010). The work considers the intersection between international law, public law, and intellectual property law, and highlights a number of new policy alternatives – such as medical innovation prizes, the Health Impact Fund, patent pools, open source drug discovery, and the philanthropic work of the (Red) Campaign, the Gates Foundation, and the Clinton Foundation. Rimmer is also a co editor of Intellectual Property and Emerging Technologies: The New Biology (Edward Elgar, 2012). Rimmer is a researcher and commentator on the topic of intellectual property, public health, and tobacco control. He has undertaken research on trade mark law and the plain packaging of tobacco products, and given evidence to an Australian parliamentary inquiry on the topic. Rimmer has edited a special issue of the QUT Law Review on the topic, The Plain Packaging of Tobacco Products (2017). Rimmer is the author of a monograph, Intellectual Property and Climate Change: Inventing Clean Technologies (Edward Elgar, September 2011). This book charts the patent landscapes and legal conflicts emerging in a range of fields of innovation – including renewable forms of energy, such as solar power, wind power, and geothermal energy; as well as biofuels, green chemistry, green vehicles, energy efficiency, and smart grids. As well as reviewing key international treaties, this book provides a detailed analysis of current trends in patent policy and administration in key nation states, and offers clear recommendations for law reform. It considers such options as technology transfer, compulsory licensing, public sector licensing, and patent pools; and analyses the development of Climate Innovation Centres, the EcoPatent Commons, and environmental prizes, such as the LPrize, the HPrize, and the XPrizes. Rimmer is currently working on a manuscript, looking at green branding, trade mark law, and environmental activism. He is the editor of the forthcoming collection, Intellectual Property and Clean Energy: The Paris Agreement and Climate Justice (Springer, 2018). Rimmer has also a research interest in intellectual property and traditional knowledge. He has written about the misappropriation of Indigenous art, the right of resale, Indigenous performers’ rights, authenticity marks, biopiracy, and population genetics. Rimmer is the editor of the collection, Indigenous Intellectual Property: A Handbook of Contemporary Research (Edward Elgar, 2015). Rimmer is currently working as a Chief Investigator on an ARC Discovery Project on “Inventing The Future: Intellectual Property and 3D Printing” (2017 2020). This project aims to provide guidance for industry and policymakers about intellectual property, threedimensional (3D) printing, and innovation policy. It will consider the evolution of 3D printing, and examine its implications for the creative industries, branding and marketing, manufacturing and robotics, clean technologies, healthcare and the digital economy. The project will examine how 3D printing disrupts copyright law, designs law, trade mark law, patent law and confidential information. The project expects to provide practical advice about intellectual property management and commercialisation, and boost Australia’s capacity in advanced manufacturing and materials science. Along with Dinusha Mendis and Mark Lemley, Rimmer is the editor of the forthcoming collection, 3D Printing and Beyond (Edward Elgar, 2018). Rimmer has supervised five students who have completed Higher Degree Research on the topics, Secret Business and Business Secrets: The Hindmarsh Island Affair, Information Law, and the Public Sphere (2007); Intellectual Property and Applied Philosophy (2010); The Pharmacy of the Developing World: Indian Patent Law and Access to Essential Medicines (2012); Marine Bioprospecting: International Law, Indonesia and Sustainable Development (2014); and Social Media Policies and Work: Reconciling Personal Autonomy Interests and Employer Risk (2017). He has also supervised sixtyeight Honours students, Summer Research Scholars, and Interns, and two graduate research unit Masters students.
Sam Johnston, Senior Fellow (Melbourne Law Masters)
Senior Fellow (Melbourne Law Masters)
United Nations Univerity, Japan
Sam Johnston is a Senior Research Fellow at the United Nations University Institute of Advanced Study of Sustainability (UNUIAS), Japan. Before joining the UNUIAS, he held positions at the Secretariat of the Convention on Biological Diversity, the University of Cambridge, Société Générale Australia Ltd and Corrs Chambers Westgarth. In his current role, his principal responsibilities are to establish the Traditional Knowledge Centre of the United Nations University (UNU), provide strategic guidance to the Director regarding the research priorities of the Institute and develop new research activities. He is a qualified lawyer and also holds a degree in chemistry.