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Question 20 — Optional Focus Study 3 – Global Environment (25 marks) (a) Evaluate the effectiveness of law reform in protecting the global environment, and include a description of how international obligations are reflected in Australian law - HSC - SSCE Legal Studies - Question 20 - 2006 - Paper 1
Question 20
Question 20 — Optional Focus Study 3 – Global Environment (25 marks) (a) Evaluate the effectiveness of law reform in protecting the global environment, and include ... show full transcript
Worked Solution & Example Answer:Question 20 — Optional Focus Study 3 – Global Environment (25 marks) (a) Evaluate the effectiveness of law reform in protecting the global environment, and include a description of how international obligations are reflected in Australian law - HSC - SSCE Legal Studies - Question 20 - 2006 - Paper 1
Step 1
Evaluate the effectiveness of law reform in protecting the global environment
Answer
To evaluate the effectiveness of law reform in protecting the global environment, it's essential to consider the range of laws enacted and their practical impacts. Australia has implemented several legislative frameworks aimed at environmental protection. Notable examples include the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) and its integration with international obligations like the Convention on Biological Diversity. These laws aim to protect both the environment and biodiversity, ideally creating a holistic approach towards sustainability.
The effectiveness can be assessed through various metrics such as compliance rates, enforcement actions, and public awareness. Additionally, analyzing case law and media reports could reveal how legislation addresses the pressing issues of climate change and habitat destruction. It’s crucial to evaluate not just the legal framework but also how effectively it is enforced and whether it involves community participation in decision-making processes.
Furthermore, the role of international agreements should not be overlooked. They establish baseline standards that countries, including Australia, are expected to meet, integrating these obligations into domestic law to ensure compliance and reflect the global commitment to environmental protection.
Step 2
Include a description of how international obligations are reflected in Australian law
Answer
Australian law incorporates international obligations through various means, including treaties and conventions to which Australia is a signatory. The EPBC Act, for instance, reflects commitments made under international treaties such as the Ramsar Convention on Wetlands, ensuring that Australian legislation aligns with global standards for environmental protection.
Additionally, regional agreements, such as those addressing transboundary pollution, inform local policies and enforcement strategies. Illustrating this integration, one can examine how the Australian government engages with international bodies to influence environmental governance, harmonizing local regulations with the requirements of global agreements. This synergy is evident in legal texts, environmental assessments, and governmental policies aimed at achieving international environmental targets while adapting to local conditions.