Books

Law and Democracy

Law and Democracy: Contemporary Questions

Editor(s): Kim Rubenstein, Glenn Patmore

Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices. Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context.The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

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Centre: CIPL

Research theme: Constitutional Law and Theory, Human Rights Law and Policy, Law and Social Justice, Migration and Movement of Peoples

Rothwell, The Law of the Sea

The law of the sea and the polar regions: Interactions between global and regional regimes

Editor(s): Donald Rothwell, Erik J. Molenaar, Alex G Oude Elferink

The Law of the Sea and the Polar Regions: Interactions between Global and Regional Regimes analyzes the contemporary Law of the Sea and related areas of international law in Antarctica and the Arctic, with a particular focus upon the interaction of global and regional regimes. The global component of the international law of the sea - principally the United Nations Convention on the Law of the Sea - applies to the entire marine domain in both polar regions but explicitly requires regional implementation or acknowledges its usefulness. This volume  examines regional regimes for the Arctic and Antarctic on science, maritime security, fisheries and shipping by means of common research questions; thus enabling an overall synthesis and identification of trends, differences and similarities.

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Centre: CIPL

Research theme: Environmental Law, International Law

Bailey, Human Rights Law

Human Rights Law

Author(s): Peter Bailey

This book provides a concise outline of the principles of human rights law within undergraduate law.  Written in clear, straight-forward language, the author explains the principles, and highlights key cases and legislative provisions.

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Centre: CIPL

Research theme: Human Rights Law and Policy

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Delegated Legislation in Australia (4th ed)

Author(s): Dennis Pearce, Stephen Argument

This new edition of Delegated Legislation in Australia deals in detail with the important topic of delegated or subordinate legislation. Legislation made by various government and other bodies under the authority of an Act of Parliament exceeds in volume the legislation made by Parliaments in the form of Acts. This book is an essential guide for legislators, public officials at all levels of government, judicial officers and lawyers.

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Centre: CIPL

Research theme: Administrative Law, Constitutional Law and Theory, Regulatory Law and Policy

Heathcote, The ICJ and the Evolution of International Law

The ICJ and the Evolution of International Law: the enduring impact of the Corfu Channel case

Editor(s): Sarah Heathcote, Karine Bannelier, Theodore Christakis, Sarah Heathcote

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation.  In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically.  It collects the commentary of a distinguished set of international law scholars, including four well-known international judges. 

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Centre: CIPL

Research theme: International Law

Rothwell, Antarctic

Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives

Editor(s): Donald Rothwell, Alan Hemmings, Karen N Scott

The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. It assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region.

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Centre: CIPL

Research theme: International Law

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An Australian Companion to Harris: Cases and Materials on International Law (2nd ed)

Author(s): Anne McNaughton, Anthony Cassimatis, Wendy Lacey, Rosemary Rayfuse

This book is a companion to the seventh edition of the internationally acclaimed Harris’ Cases and Materials on International Law. Offering carefully selected materials and expert commentary, An Australian Companion to Harris’ Cases Materials on International Law is designed to provide readers with a comprehensive treatment of International law from an Australian perspective. Updated to reflect recent developments in the law, the second edition significantly expands on the coverage of the first edition and includes two additional, entirely new, chapters: International Criminal Law and International Environmental Law. The content and scope of this companion make it an ideal text for generalist International Law courses in Australia.

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Centre: CIPL

Research theme: International Law

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The International Law of Human Rights

Author(s): , Adam McBeth, Justine Nolan

The International Law of Human Rights provides a comprehensive overview of the concepts and theories of human rights, the institutions, instruments and implementation structures for protecting human rights, and the contemporary challenges of human rights law. Author commentary and examples illuminate a range of primary and secondary materials to rigorously cover the breadth of human rights law in a way that is interesting and engaging for all readers. This edition includes: ‘Snapshots’ that provide real-life illustrations to help bring the material to life, and demonstrate current practice and issues; covers the implementation of international human rights law in Australia; and explores contemporary challenges for the international human rights regime posed by terrorism, transnational corporations, and the place of extraterritorial obligations and non-state actors.

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Centre: CIPL

Research theme: Human Rights Law and Policy, International Law

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The International Law of the Sea

Author(s): Donald Rothwell, Tim Stephens

The law of the sea provides for the regulation, management, and governance of ocean spaces that cover over two-thirds of the Earth's surface. This text provides: a fresh explanation of the foundational principles of the law of the sea; a critical overview of the 1982 United Nations Convention on the Law of the Sea; and an analysis of subsequent developments, including the many bilateral, regional, and global agreements that supplement the Convention. The book takes as its focus the rules and institutions established by the Law of the Sea Convention and places the achievements of the Convention in both historical and contemporary context.   As the Convention is now over a quarter of a century old, the book takes stock of contemporary oceans issues that are not adequately addressed by the Convention. Overarching challenges facing the law of the sea are addressed including: how new maritime security initiatives can be reconciled with traditional navigational rights and freedoms; how declines in the health of marine ecosystems can be addressed through new and strengthened legal regimes; and how the law of the sea can regulate ocean space in the Polar regions, as global warming opens up new possibilities for resource exploitation.

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Centre: CIPL, CMSL

Research theme: International Law

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International Law: Cases and Materials with Australian Perspectives

Author(s): Donald Rothwell, Kaye Stuart, Afshin Akhtarkhavari, Ruth Davis

International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law and enforcement of international law. Cases and treaties are dissected to highlight the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent developments in the field and includes a new chapter on the use of force, as well as expanded content on the enforcement of international law, including sanctions, law enforcement against pirates and the 2011 Libyan conflict. International Law provides clear and rigorous analysis and is an indispensable resource for law students.

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Centre: CIPL

Research theme: International Law

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Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team