Publications

This is a searchable catalogue of the College's most recent books, book chapters, journal articles and working papers. The ANU College of Law also publishes a Research Paper Series on SSRN.

Tolley's International Taxation of Corporaet Finance

Tolley's International Taxation of Corporate Finance

Author(s):

This book introduces and discusses international tax issues relating to corporate finance, group treasury, and banking operations. The book is intended to benefit accountants, lawyers, economists, financial managers and government officials by explaining practical corporate finance international tax issues. These issues include: examples of country tax regimes; corporate finance including issuing shares; debt instruments; bank loans; investment banking activities; and alternative finance such as crowdfunding; microfinance and alternative energy funding; and international tax issues relating to interest and dividend flows; capital gains; and foreign tax credits. The book reviews related topics, including: mergers and acquisitions funding; asset and project finance; securitisation; derivatives; hybrid securities and entities; Islamic financing; bank capital structures; group treasury companies; debt restructuring; and transfer pricing issues. The book is based on Corporate Finance and International Taxation courses presented by the author in London, Paris, Zurich, Lugano, Rio de Janeiro, Mexico City, Hong Kong and Singapore.

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Centre: CCL

Research theme: Administrative Law, Regulatory Law and Policy

New Technologies and the Law of Armed Conflich

New technologies and the law of armed conflict

Editor(s): Robert McLaughlin

Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.

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Centre: CMSL

Research theme:

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

Criminal Fair Trial Rights: Article 6 of the European Convention

Criminal Fair Trial Rights: Article 6 of the European Convention on Human Rights

Author(s): Ryan Goss

Article 6 fair trial rights under the European Convention on Human Rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. This book provides an innovative and critical analysis of Strasbourg's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. The book takes a complementary (but different) approach. Instead of analyzing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to many of the component rights. It will be useful to all those working in the fields of criminal law and human rights.

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Centre: CIPL

Research theme: Human Rights Law and Policy, International Law

International Law: Cases and Materials with Australian Perspectives

International Law: Cases and Materials with Australian Perspectives - Second Edition

Author(s): Donald Rothwell, Stuart B Kaye, 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: Environmental Law, International Law

Australian anti-discrimination law 2nd edition

Australian anti-discrimination law 2nd Edition

Author(s): , Neil Rees, Dominique Allen

The second edition of this book, which is the first major text in the field directed to both legal practitioners and law students, contains a detailed analysis of Australian anti-discrimination law as well as extracts from all of the major cases and the writings of leading commentators. It incorporates the many changes to the law since the first edition was published in 2008 and includes new chapters dealing with positive duties, victimisation and protections against discrimination in industrial relations laws. The book includes a comprehensive examination of the difficult concepts of direct and indirect discrimination as well as coverage of the major grounds of unlawful discrimination, such as race, sex and disability. The book records the history of the major pieces of anti-discrimination legislation, examines important international developments and includes numerous suggestions for reform.

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Centre: CIPL

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Gender, Law and Social Justice

Developing Restorative Justice Jurisprudence: Rethinking Reponses to Criminal Wrongdoing

Developing Restorative Justice Jurisprudence Rethinking Responses to Criminal Wrongdoing

Author(s): Tony Foley

What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. The work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow.

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Centre:

Research theme: Criminal Law

Empowering and Capacity Building Health Professionals for Better Human Rights Outcomes (Presentation Slides)

Author(s): Elizabeth Curran

In her panel paper Dr Curran of AN discusses how health professionals can utilise the Victorian Charter of Human Rights and Responsibilities:

1) To understand human rights and how they are protected in the Charter.

2) Identify relevant human rights in real life scenarios.

3) Understand how the Charter can be used as an advocacy tool for the empowerment of patients and the achievement of social justice.

4) To develop ideas for negotiating better outcomes in local communities.

She gives examples of the use of the Charter by medical health professionals to gain better human rights outcomes for their patients from public authorities. One example was of a maternal and child health nurse who used the Charter when a hospital refused to provide urgent medical treatment to an asylum seeker because she could not pay. The feedback from the maternal and child care nurse was that the Charter ‘works’.

Symposium Goals:

This forum explores the strengths and limitations of human rights and respectful care frameworks in advancing maternity reform in Australia. It seeks to bring together the policy, legal and women’s health communities along with professional providers and birth consumer groups to discuss strategies for improving the quality of care for birthing women and those supporting them.

This dialogue was to build on several recent initiatives, including:

• the European Human Rights conference held in The Hague in June 2012,

• the Childbirth and the Law conference in Sydney in October 2012,

• the international White Ribbon Alliance initiative, Respectful Maternity Care.

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Centre: CLAH

Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, Law and Social Justice, Legal Education

Hambly, Torts

Torts: Cases and Commentary (7th ed)

Author(s): David Hambly, Harold Luntz, Kylie Burns, Joachim Dietrich, Neil Foster

Torts: Cases and Commentary delivers a critical and analytical approach to the law of torts presented through extensive commentary and selected materials from case decisions, legislation and academic writings. Detailed notes assist students and practitioners to understand the significance of the key cases while questions stimulate critical thinking and learning. This 7th edition includes discussion of and some excerpts from many cases that have interpreted the Civil Liability statutes enacted in the early years of this century. Current and emerging issues in tort law reform are widely discussed and many additional references to the academic literature are provided.

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Centre:

Research theme: Private Law

Stellios, Australian Constitutional Law

Hanks Australian Constitutional Law Materials and Commentary

Author(s): James Stellios, Jennifer Clarke, Patrick Keyzer

Hanks Australian Constitutional Law - Materials & Commentary is the authoritative casebook for the study of constitutional law. This book considers the concepts underlying our Constitution and explores constitutional decision-making in context. The title reviews all of the important constitutional decisions of the High Court of Australia, and exposes the issues that arise in those decisions to a critical analysis.  Improvements for this edition include an integrated chapter on judicial power (Ch 9), separate consideration of s 92 (Ch 11), strengthening the public law focus of chapter 1, and reintroducing a detailed table of contents. New to this edition are reference of state powers to the Commonwealth and intergovernmental co-operation (Ch 1 and 5), national security and defence (Ch 3), and a complete re-write of chapter 8, 'The Executive'.

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Centre: CIPL

Research theme: Constitutional Law and Theory

Cane, Atiyah

Atiyah's Accidents, Compensation and the Law (8th ed)

Author(s): Peter Cane

Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

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Centre: CCL

Research theme: Administrative Law

Cane, Principles of Administrative Law

Cases and Materials for Principles of Administrative Law (2nd ed)

Author(s): Peter Cane, Leighton McDonald

Many administrative law principles are abstract and difficult to apply. The readings in this collection are longer than extracts in a typical cases and material volume. This will help students develop legal reasoning skills and gain a better understanding of how the principles of administrative law are applied and elaborated in specific and factual contexts. To promote these objectives, most of the selected cases and materials are accompanied by reading questions designed to focus students on the essentials of each case and to stimulate further thought.

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Centre: CCL

Research theme: Administrative Law

Sutherland, Social Security

Social Security and Family Assistance Law

Author(s): , Allan Anforth

This 3rd edition comprehensively annotates the social security and family assistance law of Australia, as amended to 5 March 2013. It is the 12th volume in a book series which has annotated the Social Security Act and associated legislation since first publication in 1984. Social security practitioners will find that the 3rd edition maintains the reputation of its predecessors as an indispensable reference for all those engaged in social security and family assistance decision-making, whether as a lawyer, a Tribunal member, a Department or Centrelink officer, or a community advocate. Special features of this new book include: Comprehensive annotations, on a section-by-section basis, covering decisions of the Administrative Appeals Tribunal, the Federal Court and the High Court to 1 January 2013;  follows the current structure of the social security and family assistance legislation but also includes consideration of decisions under repealed provisions of the Social Security Act 1991 and the repealed Social Security Act 1947 which have continuing relevance; detailed discussion of areas of social security law which are the subject of ongoing review activity, increasing complexity and/or continuing debate and difficulty; assets and income testing; debt recovery and waiver; compensation recovery; notices; participation requirements; shared care of children; and marital status.

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Centre: CIPL

Research theme: Administrative Law, Regulatory Law and Policy

Davis, Law of Torts

Law of Torts

Author(s): Jim Davis, Rosalie Balkin

Law of Torts provides clear, authoritative discussion and critical analysis of the law pertaining to tort, with comprehensive coverage of all common law and statutory torts across all Australian jurisdictions. The work covers the civil wrongs protecting intentional injury to person and property; the tort of negligence, with respect both to personal and property damage and for the recovery of purely economic loss; those torts, such as nuisance, in which neither intention nor negligence is necessarily relevant; defamation; and the economic torts which protect the intentional infringement of another's trade or business. The fifth edition has been extensively revised and updated to cover all relevant new developments in case law and legislation, including misleading and deceptive conduct under the Australian Consumer Law, the tort of misfeasance in public office the application by Australian Courts of the House of Lords decision in OBG v Allen relating to economic torts and general updating of case law providing new illustrations of the application of accepted principles.

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Centre: CCL

Research theme: Administrative Law

Eburn, Emergency Law

Emergency law: rights, liabilities and duties of emergency workers and volunteers

Author(s): Michael Eburn

The latest edition of this book has been updated to incorporate the latest developments in case law and legislation. To cover all of Australia, the work has been expanded to include the law in Australia’s smallest self-governing territory, Norfolk Island. For first aiders and paramedics, the discussion on the legal powers granted to paramedics when treating the mentally ill; the patient’s right to refuse treatment and the use of professional training when responding as a volunteer or good Samaritan has been revised and expanded. The chapter on responding to large scale disasters has been significantly re-written to include a discussion on the Australian Inter-Agency Incident Management System and the relationship between AIIMS and state counter disaster or emergency management legislation. Included is a detailed discussion on when control of emergency response can be transferred from the lead agency to a central coordinating committee or to the police. The chapter on legal liability reports on the outcome of litigation arising from the catastrophic bushfires in 2001 (Sydney) and 2003 (Canberra). 

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Centre: CLAH

Research theme: Administrative Law, Regulatory Law and Policy

Pearce, Administrative Appeals Tribunal

Administrative Appeals Tribunal 4th Edition

Author(s): Dennis Pearce

Written by Australia’s leading authority on the work of the Administrative Apepals Tribunal, this book provides a detailed exposition of the jurisprudence of the AAT. The book constitutes a clear and comprehensive treatment of the organisation, its jurisdiction and its procedures and provides essential guidance to anyone who is applying to, or appearing before, the Tribunal.

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Centre: CCL

Research theme: Administrative Law

Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65: Should Gene Patent Monopolies Trump Public Health?

Author(s):

At a time when the double mastectomy of Angelina Jolie has highlighted the importance of genetic testing for breast cancer, the Federal Court’s decision in Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 has clarified that, for now at least, isolated DNA and RNA can constitute a patentable invention under s 18(1)(a) of the Patents Act 1990 (Cth). This is a significant decision for companies seeking to secure patents over DNA and genetic material, whether isolated or not. This column critically examines this case in the context of parallel legal action currently underway in the United States. It also reviews it with regard to political and bureaucratic inaction in Australia (much of which relies upon an overly restrictive interpretation of the High Court decision in National Research Development Corp v Commissioner of Patents (1959) 102 CLR 252) that has compromised the setting of cost-effective public health limits on patentable subject matter concerning the human genome.

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Centre: CIPL

Research theme: International Law

Global Artificial Photosynthesis: Challenges for Bioethics and the Human Right to Enjoy the Benefit of Scientific Progress

Author(s):

So what is artificial photosynthesis and why is it important? Most of us knew that photosynthesis is the process whereby plants and certain bacteria have used sunlight as a source of energy to split water to create energy fro the production of food (starches) with the addition of atmospheric carbon dioxide, while producing atmospheric oxygen. Our policy makers seem to think that only plants will ever 'do' photosynthesis. This is a bit like the men at the end of the 19th century who were convinced that only birds could ‘do’ controlled flight. If they were alive today their solution for long distance air travel might be to genetically engineer huge homing pigeons, capable of carrying passengers on their back.

Artificial photosynthesis began in the Cold War. It really was part of what was known in the 'Dr Stangelove' film as the 'mine-shaft' gap, part of the plan to enhance the capacity of the United States to keep its politicians, senior industrial and military people alive during a nuclear winter. Although artificial photosynthesis on some definitions includes synthetic biology (for example the genetic engineering of bacetria to produce lipid-based fuels) its core research involves nanoscale engineering. The nanoscale involves manipulating matter at the level of about a billionth of a metre, it involves making objects atom by atom. Some examples of how nanotechnology is already improving the light capture, electron transport and water splitting and energy storage aspects of artificial photosynthesis will be presented later.

Perhaps the most significant aspect of artificial photosynthesis is the prospect that nanotechnology may allow the global domestic production of cheap, 'off-grid' solar fuels and food. With timely and coordinated government, academic, corporate encouragement, artificial photosynthesis may become a global phenomenon, deriving inexpensive, local (household and community) generation of fuels and basic foods from simple raw materials – sunlight, water and carbon dioxide – just like plants do, only better.

One way governance principles (such as those derived from international human rights) can assist this process is by assisting to create the normative architecture for a Global Artificial Photosynthesis project (GAP) (or Global Solar Fuels and Foods (GSF)) project. Such a macroscience GAP or GSF project can be regarded as the moral culmination of nanotechnology. It could advance existing foundational virtues of international human rights such as justice equity and respect for human dignity, as well as emerging virtues such as environmental sustainability. In other words, this is one area where we need to have law and science rapidly and efficiently working side by side if it's going to work in time to make a difference and assist humanity to move from what (as we will see) is now no longer being called the Holocene, but the Anthropocene, towards the Sustainocene epoch.

One hitherto largely unexplored area of international human rights that could be significant in this context concerns the right to enjoy the benefits of scientific progress and its applications.

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Centre: CLAH

Research theme: Human Rights Law and Policy

Planetary Medicine and the Waitangi Tribunal Whanganui River Report: Global Health Law Embracing Ecosystems as Patients

Author(s):

A recent decision of the Waitangi Tribunal granted legal personhood to New Zealand’s Whanganui River (appointing guardians to act in its interests). Exploring the impacts of this decision, this column argues that new technologies (such as artificial photosynthesis) may soon be creating policy opportunities not only for legal personhood to be stripped from some artificial persons, but for components of the natural world (such as rivers and other ecosystems) to be granted such enforceable legal rights. Such technologies, if deployed globally, may do this by taking the pressure off ecosystems to be exploited for human profit and survival. It argues that, by also creating normative space 

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Centre: CIPL

Research theme:

Arbitrating the Treaty on Certain Maritime Arrangements in the Timor Sea: Espionage Between Neighbours in the Latest Round

Author(s): Donald Anton

This brief article details the latest in a long-running dispute between Timor-Leste and Australia over rights to resources in the seabed and subsoil below the sea between their coastlines. Having been closed out of the International Court of Justice and the International Tribunal for the Law of the Sea, Timor-Leste is now seeking to arbitrate its dissatisfaction with current arrangements under a provision in the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS). Potential claims of fraud, breach of good faith, and unlawful intervention mean that it is possible; perhaps likely, that CMATS will be declared invalid or void. Much will depend on the evidence, however. Australia now finds itself in a difficult situation and the dispute is likely to continue and fester absent good will on the part of both parties. The most just course of action at this point could be to allow an independent third party to finally make a judicial determination of the seabed boundaries of between Timor-Leste and Australia in order to achieve and equitable solution, create certainty about rights, and bring an end to this continuing saga.

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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