Major developments have the potential to generate significant economic benefit and substantial environmental damage – and major political controversies as local, State and federal governments become involved. Process can fracture all too easily as governments come under fierce and competing pressures. This book is concerned with whether environmental impact assessment is an effective vehicle for protecting the Australian environment when major projects are in play. It scrutinises a major development in each State and territory and shows what happened and why things happened, which processes worked and which didn’t, and the roles of the different layers of government. The case studies include the headline projects such as the Gunns Mill in the Tamar Valley, Queensland’s Traveston Dam, the dredging of Port Phillip Bay, the expansion of the McArthur River mine and the Gorgon Gas development of Barrow Island.
Research theme: Environmental Law
While climate policy has focused overwhelmingly on the science and on reducing emissions, policy makers are increasingly focused on how to adapt to changes are already “locked in”, changes that will bring significant social economic and environmental impacts. Adaptation will require technological innovation as well as behavioural and attitudinal change. This book covers the legal dimensions of adaptation and addresses challenges across sector interests. It considers whether existing regulatory and governance frameworks are supportive, adaptable or barriers to necessary change. The authors cover the key issues: sea level rise, planning; water security; climate justice; conservation regimes; the role of the courts; insurance; compensation; and the law of disasters.
Research theme: Environmental Law
Author(s): Alex Bruce
This new textbook provides an engaging treatment of Australian competition law and is ideal for those studying the subject for the first time. Written in an explanatory and lively style, the text fosters a sound understanding of the legal principles of competition law in Australia and demystifies the economic concepts underpinning the law. The work focuses on the contemporary situation, including the recently enacted criminal and civil regime governing cartel conduct, and also explains the historical context using analogies from popular culture.
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.
Research theme: International Law
Editor(s): Donald Rothwell, Natalie Klein, Joanna Mossop
Maritime security is of vital importance to Australia and New Zealand as both countries depend on maritime transport for their economic survival. Since the events of September 11th 2001, significant questions have been raised as to whether Australia and New Zealand are adequately prepared for the consequences of a major disruption to global shipping following a terrorist attack on a leading regional port such as Hong Kong or Singapore. Considerable efforts have also been undertaken to improve responses to an array of maritime security threats, such as transnational crime, environmental pollution, and piracy and armed robbery. This volume identifies those issues that particularly affect Australia and New Zealand’s maritime security, evaluating the issues from legal and political perspectives, and proposes methods for improving maritime security in the two countries. While the focus is primarily on Australia and New Zealand, the scope extends to regional considerations, addressing matters related to Pacific Island states, Southeast Asia and the Antarctic and sub-Antarctic region. The book also addresses strategic partnerships examining the influence of the United States, and analyses issues within the broad framework of international law and politics.
Research theme: Military & Security Law
Editor(s): Kim Rubenstein, Thomas Pogge &, Matthew Rimmer
This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.
Research theme: Health, Law and Bioethics
Editor(s): Peter Cane, Herbert Kritzer
The early years of the first decade of the twenty-first century saw the emergence and rapid development of a movement that labelled itself “Empirical Legal Studies” (ELS). This book acknowledges the diversity of empirical investigation of law, legal systems, and other legal phenomena. In particular, there are at least three approaches and research groupings that predate the contemporary ELS movement, which may be respectively identified as socio-legal/law and society (an interdisciplinary movement with strong roots in sociology but including scholars from a wide range of traditional disciplines including law), empirically oriented law-and-economics, and judicial behaviour/politics. This book also explores three key dimensions of policing: order management, crime management, and security management. Finally, it concludes by identifying some emerging trends in the organization and conduct of police work as policing organizations seek to reconfigure their capacities and capabilities to meet new challenges. The phrase “empirical legal research” in the title, The Oxford Handbook of Empirical Legal Research, is designed both to reflect and to celebrate the healthy pluralism of empirical approaches to the study of law and legal phenomena.
Research theme: Legal Theory
Editor(s): Peter Cane
This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
Research theme: Legal Theory
Editor(s): Margaret Thornton
This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive model, which would impose positive duties on organisations, is explored as an alternative to the existing individual complaint-based model of legislation. The contributors also pay attention to the international human rights framework, particularly the Convention on the Elimination of all Forms of Discrimination against Women and the UN Declaration on the Rights of Indigenous People.
Research theme: Law and Gender