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Unit outline_

LAWS6355: Energy and Water Security Law

Semester 2b, 2024 [Block mode] - Camperdown/Darlington, Sydney

The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australias National Electricity Market and national water trading markets as well as the corporatisation and privatisation of energy and water utilities provide fascinating examples of this. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Rosemary Lyster, rosemary.lyster@sydney.edu.au
The census date for this unit availability is 27 September 2024
Type Description Weight Due Length
Short release assignment Short release Essay Abstract (10%)
Written assessment - essay abstract
10% Week 03
Due date: 27 Sep 2024 at 17:00

Closing date: 11 Oct 2024
400 wds / 9 working days
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Research Essay (90%)
Written Assessment - essay
90% Week 06
Due date: 25 Oct 2024 at 17:00

Closing date: 08 Nov 2024
8000 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5

Assessment summary

Short-release Essay Abstract (10%) Due date: 5pm on 27 September 2024 (Sydney, Australia time).  Whether students create a topic of their choice or select from the set topics, an abstract must be submitted online by 5pm on 27 September 2024 (Sydney, Australia time).  A 400-word abstract should set out the aims and objectives of the essay, include an explanation of the connection between the topic chosen and the unit objectives, and a brief literature review and preliminary list of readings with respect to the research essay.

Research Essay (90%) Due date: 5pm on 25 October 2024 (Sydney, Australia time).  Each student must submit an 8,000-word research essay which is designed to allow for a detailed and critical analysis of a particular international and/or national Energy and Water Security Law issue. The assessment task will further the objectives of the unit by developing a student’s ability to conduct research in this area and develop a coherent argument or set of arguments that are written clearly and persuasively in a balanced and scholarly manner. Students may either select a topic of their choice or a topic from a list of topics set by Professor Lyster. The topics will be released to students on Canvas at 9 am on 16 September 2024 and the assessment is due at 5pm on 25 October 2024 (Sydney, Australia time)

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and exclude any bibliography (if required).  

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

Work at this level will generally:

- answer the question completely;

- contain striking originality of approach or analysis;

- demonstrate exhaustive or innovative research (where research is required);

- be exceptionally well written, structured and expressed’

- be exceptional in some other way.

Distinction

75 - 84

Work at this level will generally:

- answer the question completely;

- achieve a critical and evaluative approach to the issues;

- be well structured and articulated, including in a way that supports any conclusions;

- demonstrate strong research (where research is required) and analysis;

- be well-documented, well expressed and free from errors.

Credit

65 - 74

Work at this level will generally:

- answer the question by covering the main issues fairly well;

- contain no significant errors;

- attempt a critical approach to the issues;

- demonstrate sound research (where research is required) and analysis;

- have a clear structure and reasonably clear expression.

Pass

50 - 64

Work at this level will generally:

- identify the key issues and try to engage with them to answer the question;

- contain some significant errors;

- offer a descriptive summary of relevant material;

- use relevant material superficially, including by paraphrasing it without understanding it;

- demonstrate limited research or analsysis;

- be adequately expressed.

Fail

0 - 49

When you don’t meet the learning outcomes of the unit to a satisfactory standard.

There are many ways to do this, but a common one is not answering the question but instead another question that you prefer.

Work at this level may also:

- contain significant or numerous errors;

- contain few or no identifiable arguments;

- contain inappropriate or irrelevant content;

- demonstrate a lack of research or analysis;

- be difficult or impossible to understand because of poor expression, grammar or structure.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 5pm but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 Day One. 1. The IPCC'S Sixth Assessment Report 2021/2022 2. The United Nations Framework Convention on Climate Change (UNFCCC) 3. The Paris Agreement Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day One. 1. Global energy use in 2023 and climate change implications 2. International Index of Energy Security Risk 2020 Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day One. 1. Global water use and climate change 2023 2. Managing water resources in the context of climate change: what is the best approach? 3.Indigenous water security and justice Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Day One. 1. Major international energy and water instruments 2. Sustainable development goals 3. Sendai Framework for Disaster Risk Reduction Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Two. Australia’s response to global climate change (1992-2022) Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Two. 1. Cooperative federalism and national competition policy 2. Case study: energy security and the national electricity market Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Two. 1. Energy security and greenhouse gas measures in the electricity sector • The renewable energy target energy efficiency • Australia’s carbon price mechanism • Emissions reduction fund • The safeguard mechanism Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Day Two. Securing electricity utilities and supply in face of extreme weather events • Case study: smart grids • Case studies: 2016 South Australia blackout, 2019-2020 summer bushfires disaster, 2022 floods disaster • Battery storage and pumped hydro Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Week 01 Day Three. 1. The European Union’s climate and energy policies • Policies and measures for the first commitment period including EU ETS (2008-2012) • The 2020 Climate and Energy Package (2012-2020) • The 2030 Climate and Energy Policy Framework (2021-2030) • Long term strategy for a low-carbon economy (2031-2050) 2. The European Energy Security Strategy Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Three. 1. The United States climate and energy policies 2. The United States Energy Security Strategy Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Three. Water security and the Murray Darling Basin Plan Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Day Three. 1. Water utilities: privatisation and corporatisation 2. Securing water utilities and supply including in face of extreme weather events 3. Case study: Queensland floods Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Four. Regional perspective on water and energy security: China Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Four: Regional perspective on water and energy security: The Mekong River basin Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5
Day Four: Regional perspectives on water security and conflict Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Day Four. Unit evaluation and essay topics Seminar (1.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit are available on Canvas Reading List.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Demonstrate an ability to understand and assess issues of global energy and water security at a time of climate change as well as the inevitable links between them
  • LO2. Demonstrate an understanding of the law and policy responses to these issues in the United States, the European Union, Australia, China and the Mekong River Basin.
  • LO3. Demonstrate an ability to assess and understand the influence of National Competition Principles and deregulatory tendencies on the establishment of electricity and water markets, and how these interact with governance and security issues
  • LO4. Demonstrate an increased understanding of the linkages between water security and conflict in various regions of the world.
  • LO5. Develop and demonstrate research-based skills

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.