BLAW3012_2020_ASSESSMENT 1_Video Podcast_FINAL(1)

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Faculty of Business and Law Curtin Law School Assessment Information Document: Should Natural Places Have Legal Personality? Assessment 1: Video Podcast I. Background 1. The legal theorist Sir John Salmond observed that: [s]o far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. 1 2. While the concept of legal personality might seem an unusual instrument by which to regulate the effect of human activities on the natural environment, the notion of affording legal rights and duties to natural places has emerged an intriguing area of innovation in environmental law. 2 3. For example, in March 2017 the High Court of Uttarakhand in India said: Accordingly, while exercising the parens patrie jurisdiction, the Rivers Ganga and Yamuna, all their tributaries, streams, every natural water flowing with flow continuously or intermittently of these rivers, are declared as juristic/legal persons/living entities having the status of a legal person with all corresponding rights, duties and liabilities of a living person in order to preserve and conserve river Ganga and Yamuna. 3 1 John Salmond, Jurisprudence (Sweet & Maxwell, 7 th ed, 1924) 298. 2 See, eg, the information available in the sources available at these web addresses: https://static1.squarespace.com/static/56401dfde4b090fd5510d622/t/58e6018e6a496356f02631c0/1491468697413/ APEEL_democracy_and_environment.pdf ; https://www.theguardian.com/australia-news/2018/apr/01/its-only-natural-the- push-to-give-rivers-mountains-and-forests-legal-rights ; http://www.abc.net.au/news/2018-03-23/call-to-give-margaret-river- same-legal-rights-as-humans/9578090 ; http://www.elc.uvic.ca/wordpress/wp-content/uploads/2018/05/2017-02-03-LegalPersonalityNatural-Features_web- version.pdf ; http://www.austlii.edu.au/au/journals/AUIndigLawRw/2010/22.pdf 3 Salim v State of Uttarakhand , Writ Petition No 126 of 2014 (High Court of Uttarakhand) (20 March 2017) [19] < https://www.nonhumanrights.org/content/uploads/WPPIL-126-14.pdf> accessed 5 August 2020. BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 1
Faculty of Business and Law Curtin Law School 4. Consider also a recent public campaign for the Great Barrier Reef: https://www.change.org/p/make-the-great-barrier-reef-an-australian-citizen-and-protect- her-right-to-live 5. The idea of extending legal personality to natural places was discussed in a 1972 paper by Christopher Stone, called Should Trees Have Standing? 4 Two Australian scholars recently observed that: (a)lthough Stone’s proposal has remained on the fringes of mainstream environmental law (Naffine 2012, Warnock 2012), it is premised on a concept widely accepted in law: that legal rights can be conferred on nonhuman entities. The creation of ‘legal fictions’ is a long-standing mechanism to create legal personality for a range of nonhuman entities, including, most notably, for-profit corporations (Micklethwait and Wooldridge 2003, Truitt 2006, Farrar 2007). The advantage of this legal approach is that it creates a new, identifiable, legal entity (the legal person), which includes all the necessary legal rights (standing, contract, and property) for granting the nonhuman entity its own personality. 5 II. Information for the Assessment Summary of the Assessment 6. The basis of this assessment is a 10-minute audio-visual recording that you will prepare. The recording will be referred to as a ‘video podcast’. 7. This assessment is worth 25% of the unit mark (see the Unit Outline). 8. To complete this assessment, you must: a. visit a natural place (eg a beach, wetland, bushland); b. use a smartphone or other mobile device to record a 10-minute video podcast while located at the natural place ; and 4 Christopher Stone, ‘Should Trees Have Standing? Towards Legal Rights for Natural Objects’ (1972) 45 Southern California Law Review 450. 5 Erin L O'Donnell and Julia Talbot-Jones. ‘Creating Legal Rights for Rivers: Lessons from Australia, New Zealand, and India.’ 23(1) Ecology and Society 7. BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 2
Faculty of Business and Law Curtin Law School c. upload the video podcast to iLectures and share the file with the unit coordinator by the due date indicated in the Unit Outline (Wednesday 18 September 2019 by 9pm). Unit Learning Outcome for this Assessment 9. The relevant unit learning outcome for this assessment is to: Critically analyse and evaluate the policy principles underpinning choices of regulatory goals and techniques in relation to environmental protection and sustainable development. Content & Production of the Assessment 10. You must select a natural place (eg a beach, a wetland, a bushland, even a single tree which is native to the area) where you will make the video podcast. 11. You must make all of the video podcast while you are located at the natural place – you cannot use material that is recorded elsewhere. 12. You must make the video podcast using a smartphone or other mobile device. 13. The file format for the recording must be either .mp4 or .mov. 14. You can make the video podcast all at once or in segments. You must combine any segments into a single .mp4 or .mov file. 15. The video podcast must be 10 minutes long (+/- 30 seconds). 16. The time restriction of 10 minutes (+/- 30 seconds) only applies to the portion of the iLecture recording that will be assessed. The formatting of the uploaded file (ie the original .mp4 or .mov file) into an iLecture recording will add some extra material (eg the Curtin logo and the privacy statement). The time required to play this extra material does not count towards the 10 minute time restriction. 17. Within the 10 minutes (+/- 30 seconds) time restriction, the video podcast must devote: a. 3 minutes (+/- 30 seconds) to describing the being of the natural place; BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 3
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Faculty of Business and Law Curtin Law School b. 6 minutes (+/- 30 seconds) to discussing whether the natural place should be given legal personality; and c. 1 minute (+/- 30 seconds) to advocating that the place should or should not be given legal personality. 18. You may not edit any material you have recorded for the video podcast except to: a. cut and splice segments together to make a single .mp4 or .mov file; or b. convert unedited recorded material to an .mp4 or .mov format. 19. You may not insert any digital visual aid (eg a PowerPoint slide or .jpg image) or video or audio or audio-visual material into the video podcast. 20. You may use physical objects (eg a map or whiteboard or physical copy of a photo or other image) as props to refer to during the video podcast. 21. You may use living things as props to refer to during the video podcast. However, you must be the only person to speak during the video podcast. 22. If you refer to primary or secondary sources, you do not need to give a formal citation but must give enough information to identify the source. If you use text verbatim from a primary or secondary source, it must be clear that you are quoting from that source. Submission & Presentation of the Assessment 23. Please read and carefully consider the sections of the Unit Outline that deal with assessment extensions and late assessments. 24. You must upload a copy of the .mp4 or .mov file containing your video podcast to iLectures and share the iLecture recording with the unit coordinator by the due date indicated in the Unit Outline. 25. Instructions for uploading video recordings to iLectures are available at: https://wiki.curtin.edu.au/pages/viewpage.action?pageId=253757050 . The email address to share the recording with the unit coordinator is: h.finn@curtin.edu.au BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 4
Faculty of Business and Law Curtin Law School 26. After you have uploaded your video recording to iLectures, please send an email to h.finn@curtin.edu.au to indicate that you have shared the recording with him. Attach your self-review of your assessment (the completed Assessment Rubric) to the email. 27. Do not email the .mp4 or .mov file to the unit coordinator or attempt to share the file with the unit coordinator using Dropbox or any other file-sharing system other than the iLecture procedure described above. Self-review of your assignment using assessment rubric 28. Prior to submitting your assessment, you must conduct a self-review of your assessment using the assessment rubric. 29. To complete the self-review, shade in the cell in each line of the assessment rubric (ie for all 4 criteria) that you think reflects your performance for the assessment. 30. Do not indicate a mark for any of the criteria or categories or for the assessment as a whole. 31. Attach a copy of the completed rubric to the email you send to h.finn@curtin.edu.au , as instructed above. BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 5
Faculty of Business and Law Curtin Law School Assessment 1: Video Podcast (20%) – Assessment Rubric Below Expectations 0-49 Meets Expectations 50-59 Meets Expectations Well 60-69 Exceeds Expectations 70-79 Greatly Exceeds Expectations 80 and above Compliance with instructions (1.5 points) Did not comply with one or more of the instructions in the assessment information document. (0 points) Complied with all the instructions in the assessment information document. The instructions include conducting a self-review of your assessment and then attaching a completed copy of this assessment rubric to the email that you send to the unit coordinator (indicating that you have shared your video recording in iLectures with them). (1.5 points) Production quality (1.5 points) The spoken material was more than occasionally and briefly inaudible. The video was more than occasionally and brefly blurry. (0 points) All or nearly all of the spoken material was clearly audible. Occasional (< 5 instances in the entire video podcast) and brief (1-2 seconds in duration) periods of inaudibility are acceptable. All or nearly all of the video was clear. Occasional (< 5 instances in the entire video podcast) and brief (1-2 seconds in duration) periods of blurriness are acceptable. (1.5 points) Description of the being of the natural place (3 points) Did not describe the being of the natural place in a way that: (a) identified the natural place; (b) described key features of the place; (c) used appropriate language; and (d) used appropriate pronunciation and grammar. (0 points) Described the being of the natural place in a way that: (a) identified the natural place; (b) described key features of the place; (c) used appropriate language; and (d) used appropriate pronunciation and grammar. (3 points) Discussion & advocacy of whether the natural place should be given legal personality (14 points) Discussed legal personality and its application to natural places in a manner that showed poor underpinning knowledge. Discussed how legal concepts can be used as instruments to regulate human activities but made frequent errors and/or applied poor reasoning. Presented arguments that generally lacked evidentiary support and/or had a poor logical basis. Discussed legal personality and its application to natural places in a manner that showed satisfactory underpinning knowledge. Discussed how legal concepts can be used as instruments to regulate human activities but made some errors or sometimes applied weak reasoning. Presented arguments that generally had adequate evidentiary support and an appropriate logical basis. Considered legal personality and its application to natural places in a manner that showed strong underpinning knowledge. Discussed how legal concepts can be used as instruments to regulate human activities but occasionally made errors and/or applied weak reasoning. Used relevant and cogent examples and other evidentiary material to support persuasive arguments. Combined or integrated ideas about legal personality and its application to natural places. Evaluated legal concepts as instruments to regulate human activities and generally reached well- supported conclusions. Used insightful and compelling examples and other evidentiary material to support complex and persuasive arguments. Synthesised an approach to legal personality and its application to natural places that was creative and original. Evaluated the utility of legal concepts as instruments to regulate human activities and reached complex and well-supported conclusions. Used examples, analogies or other comparative material to support novel and highly persuasive arguments. BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 6
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Faculty of Business and Law Curtin Law School BLAW3012 Environmental Law and Policy Perth City Campus Trimester 3B, 2020 Page 7