Books

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Nanotechnology for a Sustainable World: Global Artificial Photosynthesis as Nanotechnology's Moral Culmination

Author(s): Thomas Faunce (1958-2019)

Does humanity have a moral obligation to emphasise nanotechnology’s role in addressing the critical public health and environmental problems of our age? This well-crafted book explores this idea by analysing the prospects for a macroscience nanotechnology-for-environmental sustainability project in areas such as food, water and energy supply, medicine, healthcare, peace and security. Developing and applying an innovative science-based view of natural law underpinning a global social contract, it considers some of the key scientific and governance challenges such a global project may face.

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Research theme: Health, Law and Bioethics

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Environmental Law

Author(s): Brad Jessup

This text highlights the facts, issue and decision in each case so that the principles can be readily understood and memorised and trends in the development of case law on environmental law can be readily identified. The cases have been selected to align with current teaching in this area and their national focus makes the book suitable for all Australian jurisdictions. An excellent study and revision resource for students, this book is a great quick reference for anyone wanting to understand the case law in this area.

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Research theme: Environmental Law

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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

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Fault Lines in Equity

Editor(s): Pauline Ridge, Jamie Glister

Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology.  Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

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Centre: CCL

Research theme: Private Law

Bottomley, Law in Context

Law in Context (4th ed)

Author(s): Stephen Bottomley, Simon Bronitt

This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of ‘law in context’, but also introduces readers to the wider social, political and regulatory contexts of law. Bottomley and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law – such as the Rule of Law – rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes. 

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Centre: CCL

Research theme: Administrative Law, Constitutional Law and Theory, Criminal Law, Human Rights Law and Policy, International Law, Private Law, 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

Fitzpatrick, Property and Social Resilience

Property and Social Resilience in Times of Conflict: Land, Custom and Law in East Timor

Author(s): , Andrew McWilliam, Susana Barnes

Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.

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Centre: LGDI

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development, Migration and Movement of Peoples

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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Statutory Interpretation in Australia (7th ed)

Author(s): Dennis Pearce, Robert Stanley Geddes

Statutory Interpretation in Australia is a comprehensive, annotated, synopsis of statutory interpretation principles in all the Australian jurisdictions. This seventh edition is an update to 1 February 2011. The work is a detailed reference as to a multiplicity of statutory interpretation issues. This well-researched, new edition includes recent updates of case law and legislation, commentary on the “principle of equity”, and a discussion of the Human Rights Acts of Victoria and the Australian Capital Territory. This text is a remarkably inclusive guide to statutory interpretation and is divided into 12 chapters. These chapters include examination of different approaches to legislative interpretation, extrinsic and intrinsic aids to interpretation, and individual consideration for interpreting current acts, repealed or amending acts and codifying acts respectively. The book concludes by considering legislation operating retrospectively and various drafting conventions and expressions. 

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

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Australian Coastal and Marine Law

Editor(s): Donald Rothwell, Rachel Baird

This book is a comprehensive guide to Australian coastal and marine law. Since the landmark enactment of the Seas and Submerged Lands Act 1973 (Cth), and the subsequent High Court decision in NSW v Commonwealth, there have been rapid developments in Australian coastal and marine law and policy. The Offshore Constitutional Settlement paved the way for offshore management between the Commonwealth, States and the Northern Territory, and from this foundation a raft of new environmental laws were adopted in the 1980s and 1990s, often promoted by international developments such as the 1982 United Nations Convention on the Law of the Sea, or through new marine pollution conventions adopted by the International Maritime Organisation. The book reflects upon how Australian law regulates and manages a range of environmental issues which arise in the coastal zone and the marine environment. 

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Research theme: Environmental Law, Regulatory Law and Policy

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The Law of Torts in Australia (5th edition)

Author(s): Peter Cane, Kit Barker, Mark Lunney, Francis Trindade

The Law of Torts in Australia, Fifth Edition, remains the book to turn to for authoritative and comprehensive discussion of tort law from a distinctively Australian perspective. The content of this new edition has been restructured and navigation improved to make this a more student-friendly text. It includes discussion of the major amendment of the Trade Practices Act 1974, which produced the Competition and Consumer Act 2010 and the Australian Consumer Law.  There are also separate chapters on duty of care in negligence, and causation and remoteness of damage have been reinstated, and the discussion of economic loss in the duty of care chapter has been radically reorganised and significantly rewritten.

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Research theme: Administrative Law, Criminal Law

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Administrative Law (5th ed)

Author(s): Peter Cane

The fifth edition of this key student text provides an accessible and stimulating account of the legal framework of public administration. The new edition has been thoroughly reorganized to reflect the modern transformation in the perception of the nature and function of administrative law.

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Research theme: Administrative Law

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Consumer Protection Law in Australia

Author(s): Alex Bruce

An indispensible guide to Australia's new consumer protection and product liability laws. On 1 January 2011, the largest reform of Australian consumer protection laws ever undertaken commences. With the introduction of the Australian Consumer Law within the Competition and Consumer Act 2010, the landscape of consumer protection and product liability law fundamentally changes. A single national regime replaces the consumer protection provisions in the Trade Practices Act 1974 and 17 generic consumer protection laws that existed across the States and Territories. Consumer Protection Law in Australia provides a clear and detailed explanation of the changes implemented by the new consumer protection regime, making the book an invaluable guide for legal practitioners, academics and students. The application and effect of the new Australian Consumer Law is made accessible, to provide a thorough understanding of the new legislative landscape.

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Centre: CCL

Research theme: Administrative Law, Private Law, Regulatory Law and Policy

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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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Digital Games and Learning

Editor(s): Paul Maharg, Sara de Freitas

The popularity of entertainment gaming over the last decades has led to the use of games for non-entertainment purposes in areas such as training and business support. The emergence of the serious games movement has capitalized on this interest in leisure gaming, with an increase in leisure game approaches in schools, colleges, universities and in professional training and continuing professional development. The movement raises many significant issues and challenges for us. How can gaming and simulation technologies be used to engage learners? How can games be used to motivate, deepen and accelerate learning? How can they be used to greatest effect in learning and teaching? The contributors to this book explore these and many other questions that are vital to our understanding of the paradigm shift from conventional learning environments to learning in games and simulations. 

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Centre: PEARL

Research theme: Legal Education

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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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Annotated Safety, Rehabilitation and Compensation Act 1988 (9th ed)

Author(s): , Peter Sutherland, John Oman Ballard, Allan Anforth

The 9th edition of this well-known reference book provides the full text of the Act and comprehensive annotations, organised on a section by section basis, covering all significant decisions of the High Court, the Federal Court and the Administrative Appeals Tribunal. The book includes a list of all instruments gazetted under the Act or entered in the Register of Legislative Instruments, and consideration of military compensation arrangements under the Act, Defence Determination 2000/1 and the Military Rehabilitation and Compensation Act 2004. Canberra barrister Allan Anforth contributes an expanded Practitioner's Guide aimed at claimants under the Act and their advocates.

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Research theme: Administrative Law, Private 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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The Federal Judicature: Chapter III of the Constitution Commentary and Cases

Author(s): James Stellios

A unique and accessible introduction to the federal judicial system established by Chapter III of the Constitution – the chapter at the centre of the constitutional structures of government in Australia. Its provisions create the federal judicature and define the way in which it operates. Its interpretation has had a pivotal role in the design and operation of all institutions of government at the Federal, State and Territory levels. However, despite its central place in Australia's constitutional framework, Chapter III is not widely understood. This book is designed as an introduction to this important part of the Constitution.

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Research theme: Constitutional Law and Theory

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Cultural Difference on Trial: The Nature and Limits of Judicial Understanding

Author(s): Anthony Connolly

Cultural Difference on Trial: The Nature and Limits of Judicial Understanding comprises a sustained philosophical exploration of the capacity of the modern liberal democratic legal system to understand the thought and practice of those culturally different minorities who come before it as claimants, defendants or witnesses. Exploring this issue from within the tradition of contemporary analytical and naturalistic philosophy and drawing upon recent developments in the philosophy of mind and language, this volume is informed by a sound academic and practical grasp of the workings of the legal system itself. Systematically analysing the nature and limits of a judge's ability to understand culturally different thought and action over the course of a trial, this volume is essential reading for anyone interested in the workings of the modern legal system.

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Research theme: Constitutional Law and Theory, Legal Theory

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