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.

Law Schools and Legal Education

Law Schools and Legal Education: What is Really Important?

Author(s):

In this keynote address, the author asks, what is really important in thinking about the future of Australian legal education? Amongst the many candidates for answers, the author identifies three things: closer attention to values; taking internationalisation seriously; and harnessing the unrealised potential of the revolution in technology. He then considers some mechanisms that might assist in furthering these goals.

Read on SSRN

Centre:

Research theme: Legal Education

Internationalisation and Standards

Internationalisation and Standards

Author(s):

Why do we have standards? What are they for? Whose responsibility are they? Are they measurable? Do they ensure quality? Are they worth having? The author asks these questions in the context of the growing movement for internationalisation of the Australian law curriculum.

Read on SSRN

Centre: CIPL

Research theme: International Law

Plain Packaging in a Broader Regulatory Framework

Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor State Lobbying

Author(s):

The Australian government introduced legislation for plain packaging of cigarettes in July 2011. This immediately provoked a strong counter-reaction from the multinational tobacco industry, particularly Philip Morris International. Two major areas in which the tobacco industry targeted the legislation concerned advertising claims that its trade marks did not unduly promote smoking (for instance an advertising campaign claiming that only a 'Nanny State' would deprive people of freedom of choice) and use of investor state provisions to seek damages against the Australian government. This chapter explores the hypothesis that those initiating Australian plain packaging legislation may not have learnt important lessons from related proposals in other jurisdictions. Amongst those lessons and emphasized here, is the need to implement plain packaging legislation within a broader regulatory framework. It is argued that such a framework should include a mechanism for uncovering and claiming damages against tobacco industry false claims, as well as restrictions upon use of investor state dispute resolution mechanisms in trade agreements. It sets out some proposals that might be incorporated in subsequent amendments of the Australian anti-smoking legislative scheme to effectively aid the plain-packaging requirements from achieving their primary goal, which is the substantial reduction of cigarette smoking in Australia.

Read on SSRN

Centre: CIPL

Research theme:

Towards Global Artificial Photosynthesis

Towards Global Artificial Photosynthesis (Global Solar Fuels): Energy, Nanochemistry and Governance

Author(s):

This special open access edition of the Australian Journal of Chemistry represents a collection of papers from the first international conference dedicated to creating a Global Artificial Photosynthesis (GAP) or Global Solar Fuels (GSF) project, held at Lord Howe Island on 14–18 August 2011. Conceived and coordinated by the author of this article, the conference had endorsement from theUNESCONatural Science Sector and was an official event of the UNESCO 2011 International Year of Chemistry. The Australian federal Department of Industry, Innovation, Science and Research (DIISR, as it was then called) contributed to the funding, as did the Australian National University (ANU) College of Medicine, Biology and the Environment and ANU College of Law. Speakers included over 50 national and international experts in various aspects of artificial photosynthesis, as well as related areas including photovoltaics, hydrogen fuel cells, quantum coherence in electron transfer, and international governance systems.

The GAP conference uniquely focused on the governance as well as the scientific challenges for global artificial photosynthesis.The vision of a world powered by solar fuel is likely to involve much more than large coastal plants splitting seawater using sunlight captured in desert areas to produce carbon-neutral hydrogen-based fuels and fresh water. If rolled out globally as a cheap consumer and development aid for ‘off-grid’ local and domestic energy, fertilizer and food product, global artificial photosynthesis could replace policy models of corporate globalization and ever-increasing economic growth predicated on preparation for war and use of non-renewable and polluting energy sources.

Read on SSRN

Centre: CIPL

Research theme: International Law

plain_packaging_in_a_broader_regulatory_framework.jpg

Plain Packaging in a Broader Regulatory Framework: Preventing False Claims and Investor State Lobbying

Author(s):

The Australian government introduced legislation for plain packaging of cigarettes in July 2011. This immediately provoked a strong counter-reaction from the multinational tobacco industry, particularly Philip Morris International. Two major areas in which the tobacco industry targeted the legislation concerned advertising claims that its trade marks did not unduly promote smoking (for instance an advertising campaign claiming that only a 'Nanny State' would deprive people of freedom of choice) and use of investor state provisions to seek damages against the Australian government. This chapter explores the hypothesis that those initiating Australian plain packaging legislation may not have learnt important lessons from related proposals in other jurisdictions. Amongst those lessons and emphasized here, is the need to implement plain packaging legislation within a broader regulatory framework. It is argued that such a framework should include a mechanism for uncovering and claiming damages against tobacco industry false claims, as well as restrictions upon use of investor state dispute resolution mechanisms in trade agreements. It sets out some proposals that might be incorporated in subsequent amendments of the Australian anti-smoking legislative scheme to effectively aid the plain-packaging requirements from achieving their primary goal, which is the substantial reduction of cigarette smoking in Australia.

Read on SSRN

Centre: CIPL

Research theme:

law_schools_and_legal_education.jpg

Law Schools and Legal Education: What is Really Important?

Author(s):

In this keynote address, the author asks, what is really important in thinking about the future of Australian legal education? Amongst the many candidates for answers, the author identifies three things: closer attention to values; taking internationalisation seriously; and harnessing the unrealised potential of the revolution in technology. He then considers some mechanisms that might assist in furthering these goals.

Read on SSRN

Centre: CLAH

Research theme: Legal Education

A Comparative Perspective on Australian End-of-Life Law

A Comparative Perspective on Australian End-of-Life Law

Author(s):

The Italian Eluana Englaro Case and the related Italian Bill “Dispositions in matter of therapeutic alliance, informed consent and advance directives” highlight a number of significant points of divergence with regulation of end-of-life decision-making and advance directives under Australian state and federal law. This chapter aims to provide a comparative overview of Australian case law and statutory provisions in this area. It discusses these differences in the context of a view that regardless of the deontological importance of respecting individual patient rights in end-of-life decision-making, the financial constraints upon governments to care for an ageing population will increasingly provide consequentialist interest not only in facilitating advance directives that allow technically ‘futile’ treatment to be withdrawn or withheld from incompetent patients, but in permitting physician assisted suicide when requested by competent, non-depressed patients with a terminal illness who have already received reasonable palliative care.

Read on SSRN

Centre: CLAH

Research theme:

women_judges.jpg

Women Judges, 'Maiden Speeches,' and the High Court of Australia

Author(s): Heather Roberts

Since the Australian High Court was established in 1903, ceremonies have been held to mark the swearing-in of a new Justice. This chapter utilizes the speeches made at the swearing-in ceremonies of Gaudron, Crennan, Kiefel, and Bell as a prism to explore the representation of women judges in the Australian legal community, and in particular, the Australian High Court.

These ceremonies are a rich resource by virtue of the two kinds of speeches made on these occasions. First, leaders of the Australian legal community make speeches welcoming the new High Court judge to the bench. In a legal system where federal judges are chosen behind closed doors, the welcome speeches have performed a key role in introducing the new judges to the public, and attesting to their skills as lawyer and judge. Importantly, the litany of a new judge’s accomplishments on these occasions contextualizes the concept of “merit” in a High Court appointment. Furthermore, the speech by the Commonwealth Attorney-General has provided a measure of public justification of his decision to appoint a particular judge. This chapter explores how the welcome speakers have grappled with the novelty of the feminine in the stories about the four female High Court judges. I argue that gender too often dominated this narrative, to a discriminatory and feminizing effect. In this regard, however, Bell’s ceremony may signal a new direction in the Australian legal community’s attitude toward female judges.

The second element of the swearing-in ceremony is the judge’s response to the welcome speeches. As his or her inaugural speech as a member of the High Court, this speech is the judicial equivalent of the “maiden speech” by members of parliament. The judge’s speech is delivered in a setting rich with contradiction: a statement from the bench, yet of no judicial force; liberated in content and style from the boundaries of a legal dispute and yet constrained by the weight of convention regarding the “appropriate” remarks for an incoming judge; and, a statement of individual identity, values, and principles made from the “identity-less” judge of the common law tradition. For present purposes, the critical feature of the inaugural speeches of Australia’s four female High Court judges is how they tell their stories and the place of gender in that narrative. I argue that these speeches reflect a continuing pressure faced by women judges to distance themselves from the perception of their “otherness” on the bench. This pressure manifested first in Gaudron’s speech, Women Judges, “Maiden Speeches,” and the High Court of Australia when she tempered her bold acknowledgment of her identity as the first woman to join the High Court with affirmations of her sameness with her brother judges. Significantly, twenty years later, Bell’s swearing-in speech continued to display both a self-conscious silencing of her feminine voice and statements affirming her distance from outsiders on the bench.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Private Law

modernism_polarity_and_the_rule_of_law.jpg

Modernism, Polarity, and the Rule of Law

Author(s): Desmond Manderson

In this paper I use the history of modernism at the end of the first world war to cast new light on current debates in the rule of law. I argue that ideas of polarity and discord, eg in the work of DH Lawrence, enrich the debate between positivist and romantic theories of the rule of law. The history of modernism both clarifies those debates and shows us a third path between the impoverished alternatives that continue to bedevil debates in this area. Understanding the rule of law through the lens of modernism, and in particular through the language of polarity, disturbs the hegemonic reason of positivism and the hegemonic unreason of romanticism alike. Polarity’s backwards-and-forwards movement of constant correction, adjustment, and metamorphosis cannot resolve the opposition between general rules and specific circumstances, between narrative’s attention to uniqueness and difference and the public demand for an articulated and defensible interpretation of existing principles; instead, both sides remain continually in play. The imperfectability of justice turns the rule of law into an endless process of reassessment and learning. The irreducible tension of polarity or contradiction generates a public process of call and answer, in which our opinions are constantly amended and tested against the challenge of the voices of others. Against positivists’ assertion of law’s perfection and the romantics’ of its perfectibility - the former a claim of purity centered on the past and the second a dream of it focused on the future - the current approach seeks to find in the critique of modernity a way to understand the rule of law while fully embracing our present imperfection, our fragmentation, and the imperfection and fragmentation of justice with us. My argument has been for us to learn to accept and build on these qualities of the human condition, with which modernism was so absorbed, rather than to fear or deny them. Indeed, an awareness that lack lies at the heart of the human condition implies an abiding humility about our human capacities with specific relevance to the claims that institutions might make. In the wake of the first World Ware, modernist art and literature in particular seems to have striven to achieve greater understanding not by maintaining its closure, determinacy, or authority - but by undermining it. That is a trick that the rule of law might do well to emulate.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Polar Opposites

Polar Opposites: Environmental Discourses and Management in Antarctica and the Arctic

Author(s): Donald Rothwell

In 2009 the 1959 Antarctic Treaty celebrated its fiftieth anniversary. Its resilience in managing the Antarctic continent and parts of the adjacent Southern Ocean is generally seen as one of the great ‘success stories’ of contemporary international law. This is especially the case when it is considered that the treaty was negotiated during the height of the Cold War at a time when the USSR and US had significant interests in Antarctica, and that the treaty never sought to resolve simmering sovereignty tensions over parts of the continent especially those between Argentina, Chile and the United Kingdom over their competing claims to parts of the Antarctic Peninsula. Now, in the early part of the Twenty First century and notwithstanding the lack of recognition which has been granted to the seven territorial claims to the Antarctic continent, the Antarctic Treaty now includes not only the original 12 states parties, but an additional 36 states parties from varied parts of the globe, and retains its capacity to effectively manage Antarctic affairs.

Read on SSRN

Centre: CIPL, CMSL

Research theme: International Law

Teaching Professionalism in Legal Clinic

Teaching Professionalism in Legal Clinic – What New Practitioners Say is Important

Author(s): Tony Foley, Vivien Holmes, Stephen Tang

Anecdotal evidence suggests new lawyers may struggle as they begin legal practice. Little is known empirically about their actual experiences. This paper provides some insights into what occurs in this transition. It reports on a qualitative study currently underway tracking new lawyers through their first year of practice. Preliminary analysis of data from interviews and from workplace observations suggests clinical legal education can play a significant role in smoothing the transition and helping new lawyers develop their sense of professionalism.

This project builds on similar UK research which followed law graduates into their vocational training year. The authors tracked new lawyers in the context of their post-admission practice with a small cohort of recently admitted lawyers interviewed and observed in their day to day practice. This paper describes what these new lawyers say is important to an effective transition – developing autonomy, learning to deal with uncertainty and finding an accommodation between their developing professional values and those modelled by their firm and colleagues. Clinical programs offer opportunities for an early reflective exposure to these experiences.

Read on SSRN

Centre: CIPL

Research theme: Criminal Law, Indigenous Peoples and the Law, Legal Education, Regulatory Law and Policy

Beyond Beliefs

Beyond Beliefs: Deconstructing the Dominant Narratives of the Islamization of Pakistan's Law

Author(s): Moeen Cheema

The discourse on the 'Islamization' of laws in the legal systems of post-colonial Muslim states is dominated by two conflicting narratives. The dominant Western narrative views the Islamization of laws as the reincarnation of narrow and archaic laws embodied in discriminatory statutes. In contrast, the dominant narrative of political Islam deems it as the cure-all for a range of social, political and economic ills afflicting that particular Muslim state. This Paper presents a deeper insight into the Islamization of Pakistan's law. Pakistan has three decades of experience with incorporating shari'a law into its Common Law system, an experience which has been characterized by a constant struggle between the dominant Western and Islamist narratives. Pakistan's experience helps us deconstruct the narratives and discourses surrounding Islamization and understand that the project of incorporating Islamic laws in a modern Muslim society must be based upon indigenous demands and undertaken in accordance with the organically evolving norms of recognition, interpretation, modification and enforcement in that society. Furthermore, substantive law cannot be understood or enforced outside of a legal system, its legal culture(s) and professional discourse(s), and of the broader socio-political dialectics that give context and relevance to it. Therefore, we need to shift focus to the systemic problems deeply ingrained in Pakistan's legal system that allow law and legal processes to be used to prolong disputes and cause harassment. Islamic legality can, in fact, play a significant role in breaking down the resistance that vested interests may offer to such a restructuring of the legal system along more egalitarian lines.

Read on SSRN

Centre: CIPL, LGDI

Research theme: Constitutional Law and Theory, Law, Governance and Development, Legal Theory

The Aftermath of the Global Financial Crisis

The Aftermath of the Global Financial Crisis and Union Strategies in the Australian Public Service

Author(s): Cameron Roles

The Australian Labor government’s recognition of collective bargaining under its Fair Work Act 2009, and its efficiency drive from late 2011 across the Australian Public Service (APS), presented the Community and Public Sector Union (CPSU) with an opportunity to explore means of union renewal following a decade of conservative governments focused on union exclusion. An expanding budget deficit in 2011 placed considerable financial constraints on Australian government revenue. The Labor government increased the annual “efficiency dividend”, or across the board cuts in funding, from 1.5 per cent in May 2011 to 4 per cent in November 2011 as it attempted to achieve a budget surplus. This placed considerable pressure on agency management to remain within tight constraints on wage increases and to find budget savings, resulting in growing job losses from 2011. There was also considerable central oversight over bargaining outcomes throughout this bargaining round, with the Australian Public Service Commission (APSC) involved at all stages of the agreement-making process, to the frustration of many agencies and the CPSU. Nevertheless, throughout the 2011-12 bargaining round, the CPSU worked with its members to develop creative forms of industrial action, such as one minute stoppages in the Defence department. The union also mobilized an overwhelming majority of APS employees to vote “no” in response to initial offers put by agency managements. In addition, the CPSU focused on winning bargaining concessions in politically sensitive government agencies and then flowing these concessions to other agencies. Typical of this approach were the agreements reached in the Immigration department and Customs agency. Union recruitment activities over 2011 resulted in a substantial rise in membership and enhanced communications with members through workplace meetings, telephone and internet communications, and emails. Such union initiatives highlight the potential for enhanced union capacities and mobilization during a time of growing austerity.

Read on SSRN

Centre: CCL

Research theme: Private Law, Regulatory Law and Policy

Modernism, Polarity, and the Rule of Law

Modernism, Polarity, and the Rule of Law

Author(s): Desmond Manderson

In this paper I use the history of modernism at the end of the first world war to cast new light on current debates in the rule of law. I argue that ideas of polarity and discord, eg in the work of DH Lawrence, enrich the debate between positivist and romantic theories of the rule of law. The history of modernism both clarifies those debates and shows us a third path between the impoverished alternatives that continue to bedevil debates in this area. Understanding the rule of law through the lens of modernism, and in particular through the language of polarity, disturbs the hegemonic reason of positivism and the hegemonic unreason of romanticism alike. Polarity’s backwards-and-forwards movement of constant correction, adjustment, and metamorphosis cannot resolve the opposition between general rules and specific circumstances, between narrative’s attention to uniqueness and difference and the public demand for an articulated and defensible interpretation of existing principles; instead, both sides remain continually in play. The imperfectability of justice turns the rule of law into an endless process of reassessment and learning. The irreducible tension of polarity or contradiction generates a public process of call and answer, in which our opinions are constantly amended and tested against the challenge of the voices of others. Against positivists’ assertion of law’s perfection and the romantics’ of its perfectibility - the former a claim of purity centered on the past and the second a dream of it focused on the future - the current approach seeks to find in the critique of modernity a way to understand the rule of law while fully embracing our present imperfection, our fragmentation, and the imperfection and fragmentation of justice with us. My argument has been for us to learn to accept and build on these qualities of the human condition, with which modernism was so absorbed, rather than to fear or deny them. Indeed, an awareness that lack lies at the heart of the human condition implies an abiding humility about our human capacities with specific relevance to the claims that institutions might make. In the wake of the first World Ware, modernist art and literature in particular seems to have striven to achieve greater understanding not by maintaining its closure, determinacy, or authority - but by undermining it. That is a trick that the rule of law might do well to emulate.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Crocodile Tears

Crocodile Tears: The Intervention and the Obligation to Consult

Author(s): Desmond Manderson

This paper evaluates recent legislation which extends the paternalistic policies in relation to indigenous affairs inaugurated at the time of the Northern Territory Intervention in 2007. The paper analyses the national and international legal obligations to consult indigenous people in relation to these laws and argues that the obligations have not been carried out in good faith and amount to a serious distortion and undermining of those obligations which will impact for generations on relations with aboriginal people in Australia.

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Between the Positivism

Between the Positivism of the Old and the Nihilism of the Young: Justice and the Novel in DH Lawrence

Author(s): Desmond Manderson

A reactionary political ideology appears to contaminate much of Lawrence's post-war writing particularly in the three so-called 'leadership novels' from the 1920s: Aaron's Rod, Kangaroo, and The Plumed Serpent. In keeping with recent scholarly approaches, I think Kangaroo deserves better. Written in 1922 while Lawrence was on a brief visit to Australia, in the very heat of post-war despair and the romantic turn from modernity it engendered, Kangaroo responds directly to the disorientation of the Great War and its implications for art and politics. Lawrence's conception that writing is a way of learning through imaginative experience and not a mere report on what one knows, is central to his vision of literature, of relationships, and, indeed, of justice - a vision he explicitly articulated in a quite prodigious body of writing on the nature and value of 'the novel', written at the same time. Here is a particular lesson for the law; another forum in which our convictions and our dogmatism are often in play and must be checked by listening hard - reluctantly even - to the particular contexts and experiences that confront us. The willingness to check and adjust our convictions where most they are felt is a hard ask, but it is what distinguishes good writing from bad: and good judges from bad. 'Trial and error' is not an insult. It is the difficult challenge of modernist literature and the difficult virtue of the rule of law. Lawrence's experience of and reflections on literature are in this respect emblematic of a third way - between what Leo Strauss, writing about the crisis of modernity in the wake of the first world war, called 'the nihilism of the young and the positivism of the old.'

Read on SSRN

Centre: CLAH

Research theme: Legal Theory

Cognitive Dissonance

Cognitive Dissonance: The Catholic Church and International Human Rights Law Discourse

Author(s):

On 10 December 2008, the world celebrated the 60th anniversary of the Universal Declaration of Human Rights (‘the UDHR’). A formative influence on the UDHR was the Catholic social justice tradition and during his long pontificate, John Paul II described the UDHR as ‘one of the highest expressions of the human conscience of our time.’ John Paul II was repeatedly nominated for the Nobel Peace Prize for his emphasis on the importance of human rights.

However, after his death in April 2005, commentators began a concerted attack on the human rights record of the Church generally and John Paul II particularly. John Paul II had allegedly ‘waged a ceaseless war against human rights’, and had done ‘more to spread AIDS in Africa than prostitution and the trucking industry combined’. These attacks were deeply ironic given John Paul II’s consistently expressed fear that the liberal western democracies of North America and Western Europe were incubating a ‘culture of death’.

This article investigates the immense gap between these two positions by demonstrating how extreme cognitive dissonance has developed in characterising the contribution of the Church generally and John Paul II particularly to international human rights discourse. It will examine how critics are attempting to resolve this dissonance in their favour through their attacks on both the Church’s status in international law and on its teachings on particular human rights issues such as contraception and arresting the spread of the HIV/AIDS epidemic. This article will argue that these criticisms are characterised more by rhetoric than reason and as such, fail to understand the foundations of the Church’s views. As a result, the Church’s concerns about the ethical and philosophical underpinnings of various human rights initiatives of contemporary liberal democracies remain caricatured, misunderstood and ridiculed.

Given the prophetic nature of John Paul II’s warnings against a flourishing culture of death, the paper concludes that the ability of stakeholders, governments and Non-Governmental Organisations (‘NGOs’) to engage seriously with the Church in its continued presence in international law and in its approach to the philosophical foundations of international human rights discourse remains seriously flawed.

Read on SSRN

Centre: CCL, CIPL

Research theme: Law and Religion, Private Law

Women Judges

Women Judges, 'Maiden Speeches,' and the High Court of Australia

Author(s): Heather Roberts

Since the Australian High Court was established in 1903, ceremonies have been held to mark the swearing-in of a new Justice. This chapter utilizes the speeches made at the swearing-in ceremonies of Gaudron, Crennan, Kiefel, and Bell as a prism to explore the representation of women judges in the Australian legal community, and in particular, the Australian High Court.

These ceremonies are a rich resource by virtue of the two kinds of speeches made on these occasions. First, leaders of the Australian legal community make speeches welcoming the new High Court judge to the bench. In a legal system where federal judges are chosen behind closed doors, the welcome speeches have performed a key role in introducing the new judges to the public, and attesting to their skills as lawyer and judge. Importantly, the litany of a new judge’s accomplishments on these occasions contextualizes the concept of “merit” in a High Court appointment. Furthermore, the speech by the Commonwealth Attorney-General has provided a measure of public justification of his decision to appoint a particular judge. This chapter explores how the welcome speakers have grappled with the novelty of the feminine in the stories about the four female High Court judges. I argue that gender too often dominated this narrative, to a discriminatory and feminizing effect. In this regard, however, Bell’s ceremony may signal a new direction in the Australian legal community’s attitude toward female judges.

The second element of the swearing-in ceremony is the judge’s response to the welcome speeches. As his or her inaugural speech as a member of the High Court, this speech is the judicial equivalent of the “maiden speech” by members of parliament. The judge’s speech is delivered in a setting rich with contradiction: a statement from the bench, yet of no judicial force; liberated in content and style from the boundaries of a legal dispute and yet constrained by the weight of convention regarding the “appropriate” remarks for an incoming judge; and, a statement of individual identity, values, and principles made from the “identity-less” judge of the common law tradition. For present purposes, the critical feature of the inaugural speeches of Australia’s four female High Court judges is how they tell their stories and the place of gender in that narrative. I argue that these speeches reflect a continuing pressure faced by women judges to distance themselves from the perception of their “otherness” on the bench. This pressure manifested first in Gaudron’s speech, Women Judges, “Maiden Speeches,” and the High Court of Australia when she tempered her bold acknowledgment of her identity as the first woman to join the High Court with affirmations of her sameness with her brother judges. Significantly, twenty years later, Bell’s swearing-in speech continued to display both a self-conscious silencing of her feminine voice and statements affirming her distance from outsiders on the bench.

Read on SSRN

Centre: CIPL

Research theme: Constitutional Law and Theory, Law and Gender, Law, Governance and Development, Private Law

Our Common Future

Our Common Future: The Imperative for Contextual Ethics in a Connected World

Author(s): Vivien Holmes

Global connectedness offers possibilities for development and peace, and poses threats to security and the environment, on a scale we are still comprehending. Transactional and advisory lawyers are in a powerful position to affect the global impact of their clients' conduct. The world needs lawyers to recognize the global effect of their conduct, and to take responsibility for it, through a contextual approach to legal ethics. Lawyers must firmly and clearly restate their ethics, making them relevant to an environment where borders and boundaries no longer reliably define their accountability. The world cannot afford for lawyers to do otherwise.

Read on SSRN

Centre: CIPL

Research theme: Legal Education

Mitigating Wildfire Devastation

Mitigating Wildfire Devastation in Policy and in Practice: Lessons from the Australian Experience

Author(s): Michael Eburn

Disaster law is a nascent field of study in Australia. Research on legal issues that impact upon hazard resilience has been pursued by scholars in individual areas of study; planning law, environmental law, tort law, constitutional law etc. The risk of climate change and developing scholarship in the area of climate change adaptation has seen an increasing realisation that if we are to build resilient communities these areas of law must be considered as a whole.

In Australia, the Bushfire Cooperative Research Centre (CRC) has taken the initiative in this regard. The CRC is funding a joint research project on Mainstreaming Fire and Emergency Management across Legal and Policy Sectors: Joint Research and Policy Learning. This research is a collaborative project between the Australian National University (law and policy); the University of Canberra (urban and regional planning) and the RMIT (Royal Melbourne Institute of Technology) University (sharing responsibility).

Read on SSRN

Centre: CMSL

Research theme: Criminal Law, Environmental Law, Law, Governance and Development

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