Publications

This is a searchable catalogue of the College's most recent books and working papers. Other papers and publications can be found on SSRN and the ANU Researchers database.

Australia's Territorial Sea: International and Federal Implications of Its Extension to 12 Miles

Author(s): Donald Rothwell

In November 1990 Australia extended its territorial sea from 3 to 12 nautical miles. This article examines the consequences of this extension under international and municipal law, and draws comparisons with the experience of the United States and Canada in relation to their territorial seas. The expansion of Australia's territorial sea has some noteworthy features under international law in its effect on Australia's territorial claims in the Antarctic, and on the maritime delimitation between Australia and Papua New Guinea in Torres Strait. The consequences of the extension under municipal law arise from the unique offshore regime agreed between the federal government and seven state and territorial governments in 1979, by which jurisdiction over the territorial sea is divided between central and regional governments. Australia's federal constitutional structure has created problems of offshore jurisdiction similar to those experienced in Canada and the United States, but the solution adopted is markedly different. The Australian settlement may prove a useful model for federations trying to reach an agreement over offshore areas.

Read on SSRN

Centre: CIPL, CLAH

Research theme: International Law, Military & Security Law

Legal Expert Systems: The Inadequacy of a Rule-Based Approach

Author(s): James Popple

The two different categories of legal AI system are described, and legal analysis systems are chosen as objects of study. So-called judgment machines are discussed, but it is decided that research in legal AI systems would be best carried-out in the area of legal expert systems. A model of legal reasoning is adopted, and two different methods of legal knowledge representation are examined: rule-based systems and case-based systems. It is argued that a rule-based approach to legal expert systems is inadequate given the requirements of lawyers and the nature of legal reasoning about cases. A new, eclectic approach is proposed, incorporating both rule-based and case-based knowledge representation. It is claimed that such an approach can form the basis of an effective and useful legal expert system.

Read on SSRN

Centre:

Research theme: Administrative Law

The Missouri Aberration: Abolition of Remittitur

Author(s): Donald Anton

This comment assess the apparently absolute proscription on the use of remittitur by the Supreme Court in Missouri in Firestone v. Crown Centre Redevelopment Corp. It is critical of the Court in abolishing the doctrine on grounds of activism, expediency, and logic. The Court was reversed several years later by the Missouri legislature, which reinstated the practice.

Read on SSRN

Centre:

Research theme:

Pages

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