LAWS6104: Human Rights and Climate Change-Induced Human Displacement

Assessment 3 Research Essay

Purpose

This is the major assessment in this course. It provides students with an opportunity to undertake research and demonstrate that they have developed high-level critical and analytical skills in respect of the core themes of the course.

Research Essay Questions

1. There is an established recognition that climate change is having and will continue to have a disproportionate impact on developing countries who have contributed little to greenhouse gas emissions. This has resulted in what is known as a “common but differentiated” responsibility among States to respond to climate change. Assess the existing international legal framework’s embrace of the concept of climate justice, evaluate the “common but differentiated” responsibility principle, and analyse how the concept of climate justice aligns with a human rights-based approach.

2. In the case The State of The Netherlands v. Urgenda Foundation, the Supreme Court of the Netherlands interpreted Article 2 (Right to Life) and Article 8 (Right to Private and Family Life) of the provisions of the European Convention on Human Rights to impose obligation on the State to reduce its emissions. One of the debates in the human rights-based approach to climate change is the efficacy of invoking and reinterpreting existing human rights to achieve environmental ends. Discuss the advantages and challenges of pursuing this approach, evaluate its utility and whether there are more useful alternatives.

3. A classic understanding of a “refugee” as someone who is fleeing persecution informs the current international response to the protection and assistance of forcibly displaced persons. However, there is now a growing push for the recognition, as a category, of people displaced because of the impacts of climate change. Discuss the case for this recognition, the existing international legal framework and its gap, and the potential challenges involved in securing this recognition.

4. Evaluate the potential utility and challenges to pursuing a human rights-based approach to climate change and climate change-induced displacement in the context of Australia. In making this evaluation, pay attention to Australia’s international commitments as regards climate change and human rights, the domestic human rights framework and the refugee policy and practice in Australia.

5. Open question: Students who do not wish to answer any of the above questions are welcome to propose the development of their own essay topic. This should be done through email consultation with the course coordinator, and topics must be agreed on by the end of Week 8.

Brief Summary of the Assessment Requirements

The assessment is a major Research Essay designed to evaluate the student's ability to conduct independent research and demonstrate high-level critical and analytical skills on core course themes related to climate change, climate justice, human rights, and climate-induced displacement.

Students must choose one of the provided essay questions (or propose their own topic with approval). Each question requires:

Key Requirements

• A comprehensive critical analysis of international, regional, or domestic legal frameworks.
• Engagement with the concepts of climate justice, human rights-based approaches, and/or climate-induced displacement.
• Clear evaluation of legal doctrines such as common but differentiated responsibilities, reinterpretation of human rights norms, or recognition gaps in refugee law.
• Use of relevant case law, treaties, scholarly commentary, and policy documents.
• Demonstration of logical argumentation supported by credible academic sources.
• A well-structured essay with introduction, argument-based body sections, and conclusion.

This assessment tests advanced reasoning, legal interpretation, policy evaluation, and the ability to synthesise complex literature.

How the Academic Mentor Guided the Student 

The academic mentor supported the student through a structured, research-oriented process to ensure clarity, depth, and critical engagement.

Step 1: Understanding the Question and Defining Scope

The mentor first helped the student:

• Select an essay question aligned with their interests.
• Break down the chosen question into key components (e.g., climate justice, human rights obligations, legal gaps).
• Identify the core legal issues, stakeholders, and international principles involved.

This ensured the student’s research stayed focused and relevant.

Step 2: Conducting Preliminary Research

The mentor guided the student to:

• Review foundational materials such as international treaties, UNFCCC documents, IPCC reports, and human rights conventions.
• Identify leading cases (e.g., Urgenda) and scholarly debates on climate justice and human rights approaches.
• Compile a list of credible peer-reviewed academic sources.

This established a strong evidence base for the essay.

Step 3: Developing an Essay Structure

Together, they drafted a clear outline:

1. Introduction present the topic, context, objectives, and thesis.
2. Background/Framework overview of relevant legal frameworks, treaties, or doctrines.
3. Critical Analysis examine obligations, limitations, debates, and jurisprudence.
4. Application/Case Studies integrate examples (e.g., Urgenda case, climate displacement scenarios).
5. Evaluation assess utility, strengths, weaknesses, and alternative approaches.
6. Conclusion summarise findings and reinforce the argument.

This structure helped the student maintain logical flow and argumentative depth.

Step 4: Writing the Introduction

The mentor instructed the student to:

• Briefly explain the issue and why it matters globally.
• Identify the legal principles involved (e.g., common but differentiated responsibilities, human rights obligations).
• State the essay’s central argument or evaluative position.
• Outline how the essay will be organised.

This ensured a strong academic opening.

Step 5: Building the Main Argument Sections

The mentor guided the student through each analytical segment:

• Explain the international legal framework and key principles.
• Assess the practical application of these principles through treaties, cases, and state practice.
• Integrate scholarly debates, especially around climate justice, reinterpretation of human rights, or recognition gaps for climate refugees.
• Evaluate advantages, limitations, and challenges of the human rights-based approach.
• Compare existing frameworks with potential alternatives where relevant.

This step ensured depth, critique, and originality.

Step 6: Integrating Case Studies (e.g., Urgenda, Australian context)

The mentor showed the student how to:

• Use cases to support arguments, not merely describe them.
• Analyse judicial reasoning and its implications for climate obligations.
• Contrast domestic practice (e.g., Australia’s climate policies or refugee framework) with international commitments.

This strengthened the essay’s practical relevance.

Step 7: Drafting the Conclusion

The mentor helped the student summarise:

• The major insights from the analysis.
• How the evidence supports the central thesis.
• Future areas for development or policy direction.

The conclusion reinforced coherence and academic maturity.

Step 8: Final Editing and Source Integration

The mentor guided the student to:

• Ensure academic tone and logical transitions.
• Incorporate citations accurately using required referencing style.
• Check for clarity, coherence, and depth.
• Remove descriptive or repetitive content to strengthen analysis.

This final refinement produced a polished, academically rigorous essay.

Outcome Achieved and Learning Objectives Covered

Outcome Achieved

Following the structured mentoring approach, the student produced a well-researched, critical, and analytically strong essay that:

• Demonstrated deep understanding of international and human rights law.
• Engaged with climate justice principles and theoretical debates.
• Integrated case law, treaty obligations, and scholarly perspectives.
• Presented a coherent, evidence-based evaluation of the chosen question.

Learning Objectives Covered

The student successfully demonstrated:

• High-level critical analysis of legal and policy frameworks.
• Ability to synthesise complex climate and human rights issues.
• Skills in applying legal principles to real-world contexts.
• Strong research abilities using authoritative academic sources.
• Ability to construct clear, logical, and persuasive arguments.
• Competence in advanced academic writing and referencing.

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