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Unit of study_

LAWS6364: Environmental and Climate Science in Court

2025 unit information

As the intersecting biodiversity and climate crises continue to tangibly impact the environment and in turn human society, legal disputes are being raised to determine who is responsible, and who will pay. Environmental and climate change litigation is playing a strong part in defining our social and economic future, and it necessarily depends on the information presented to the courts by scientists. Traversing the science-law interface, this unit of study provides a critical overview of the way in which environmental and climate science is used in litigation. In particular, this unit of study considers the engagement of scientists as expert witnesses; the presentation of scientific information as expert evidence in court; the reliance of lawyers on environmental and climate science in developing their case theories; and the impact and influence of environmental and climate science on final judgments. In exploring these topics, core themes and principles that will be covered include: complex causation; cumulative effects; legal and scientific standards of proof; scientific uncertainty; the precautionary principle; and the maxim of in dubio pro natura. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

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

  • LO1. Demonstrate an advanced knowledge of the role of scientists and scientific information in legal proceedings relating to the environment and climate change.
  • LO2. Critically evaluate the use of environmental and climate science in legal cases (eg, determine whether scientific evidence has been used effectively to advance a particular case theory or argument, or to establish a particular proposition).
  • LO3. Integrate and synthesise legal and scientific perspectives and practices, including by differentiating scientific and legal ways of thinking and responding to concepts such as uncertainty and proof.
  • LO4. Understand the theory behind and application of relevant legal principles in environment and climate change cases – specifically, the precautionary principle and other ecologically sustainable development principles.
  • LO5. Develop and apply legal research skills to the oral and written analysis of a specific legal decision, and to the issues arising therefrom.

Unit availability

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Session MoA ?  Location Outline ? 
Intensive May - June 2024
Block mode Camperdown/Darlington, Sydney
Session MoA ?  Location Outline ? 
Intensive October - November 2025
Block mode Camperdown/Darlington, Sydney
Outline unavailable
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Modes of attendance (MoA)

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