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.

Beyond Cybercrime: New Perspectives on Crime, Harm and Digital Technologies
Author(s): Faith Gordon
Beyond Cybercrime: New Perspectives on Crime, Harm and Digital Technologies extends criminological scholarship by examining how digital technologies are conceptualised within research on crime and (in)justice. Guest editors Faith Gordon, Alyce McGovern, Chrissy Thompson and Mark A. Wood present contributions that broaden our theoretical and conceptual understandings of the technology–harm nexus and provide criminologists with new ways of moving beyond cybercrime.
Centre: CIPL
Research theme: Law and Technology

Digital Trade in the Australia—EU FTA: A Future-Forward Perspective
Editor(s):
This paper assesses the significance of the Digital Trade Chapter of the Australia—EU FTA and focuses on the disciplines necessary to boost digital trade. In the ongoing negotiations, the EU and Australia are likely to agree upon conventional digital trade disciplines (e.g., e-signatures, e-authentication, paperless trading, customs duties on electronic transmissions) as well as provisions on online consumer trust and spam, and more contemporary disciplines on source code disclosure and data localisation. These disciplines can undoubtedly contribute to boosting digital trade between Australia and the EU. However, data flows and data protection will remain a sticky issue in the ongoing negotiations, given the differences in data protection laws of the EU and Australia, and the EU’s exceptionally defensive approach in data protection. Instead of bypassing such issues, the FTA negotiators should view the negotiations as an opportunity to build mutual consensus and foster cooperation in formulating standards and mechanisms for data transfer. Further, the negotiations provide an opportunity for adopting deeper disciplines on digital trade facilitation that can nurture start-ups as well as experimenting with novel models for regulatory cooperation in nascent policy areas including AI ethics and open government data.
Access chapter
Centre: CIPL
Research theme: International Law

Investment Protection in the AEUFTA: Missed Opportunities or Strategic Exclusions?
Editor(s): Esme Shirlow
Negotiations between Australia and the European Union (EU) for a free trade agreement (the AEUFTA) appear to be nearing completion. Based on the EU’s negotiating mandate and the official reports from the negotiations so far, it is clear that the AEUFTA’s investment-related provisions will focus exclusively on market access and investment liberalisation. The AEUFTA will thus not incorporate investment protection obligations and nor will it include an investor-State dispute settlement mechanism. Despite these omissions, the conclusion of the AEUFTA will be significant from the perspective of both negotiating States, including because it reveals the policy and legal constraints guiding the approach of each to the negotiation and conclusion of investment treaties and investment chapters in FTAs. This article first introduces the contours of the bilateral investment relationship between the EU and Australia and then examines why the FTA adopts an exclusively liberalisation-focussed approach, to address whether the exclusion of investment protection and investor-State arbitration from the scope of the FTA is a strategic omission on the part of one or both parties. To consider next whether such omission is a missed opportunity, the article examines the likely focus of the investment-related provisions of the treaty, and what impact the FTA is likely to have vis-à-vis investors and existing investment treaties.
Centre: CIPL
Research theme: International Law

The Philippines: Civil Vindications for Uncivilised Wrongs
Editor(s): Gemmo Fernandez
What private law avenues are open to victims of human rights violations? This chapter features in an innovative new collection, Civil Remedies and Human Rights in Flux, which explores this question across sixteen jurisdictions in the Global South and Global North.
Centre: CIPL
Research theme: International Law

Civil Remedies and Human Rights in Flux
Editor(s): Gemmo Fernandez, Ekaterina Aristova , Ugljesa Grusic
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Centre:
Research theme: Human Rights Law and Policy

Civil Remedies and Human Rights in Flux
Editor(s): Gemmo Fernandez
What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.
Centre:
Research theme: Human Rights Law and Policy

Taking Law Seriously
Author(s): Leighton McDonald, James Goudkamp, Mark Lunney
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Centre: CIPL
Research theme:

Taking Law Seriously
Author(s): Leighton McDonald, James Goudkamp, Mark Lunney
This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.
Centre: CIPL
Research theme:

Constitutional issues in Australia’s subnational relations with China
Editor(s): Dominique Dalla-Pozza, Donald Rothwell
This chapter assesses the international legal and constitutional law issues associated with the capacity of the Australian states and territories to conduct themselves in foreign affairs, especially vis-à-vis China. It is published in the book, Taking the low road: China's influence in Australian states and territories, edited by Emeritus Professor John Fitzgerald and published by the Australian Strategic Policy Institute in partnership with Konrad Adenauer Stiftung (KAS).
Centre: CIPL
Research theme: International Law

Constitutional issues in Australia’s subnational relations with China
Editor(s): Dominique Dalla-Pozza, Donald Rothwell
This chapter assesses the international legal and constitutional law issues associated with the capacity of the Australian states and territories to conduct themselves in foreign affairs, especially vis-à-vis China. It is published in the book, Taking the low road: China's influence in Australian states and territories, edited by John Fitzgerald and published by the Australian Strategic Policy Institute.
Centre: CIPL
Research theme: International Law

The Practice and Problems of Transnational Counter-Terrorism
Author(s): Fiona de Londras
The attacks of 9/11 kickstarted the development of a pervasive and durable transnational counter-terrorism order. This has evolved into a vast institutional architecture with direct effects on domestic law around the world and a number of impacts on everyday life that are often poorly understood. States found, fund and lead institutions inside and outside the United Nations that develop and consolidate transnational counter-terrorism through hard and soft law, strategies, capacity building and counter-terrorism 'products'. These institutions and laws underpin the expansion of counter-terrorism, so that new fields of activity get drawn into it, and others are securitised through their reframing as counter-terrorism and 'preventing and countering extremism'. Drawing on insights from law, international relations, political science and security studies, this book demonstrates the international, regional, national and personal impacts of this institutional and legal order. Fiona de Londras demonstrates that it is expansionary, rights-limiting and unaccountable.
Centre: CIPL
Research theme: International Law

Judicial Review of Administrative Action and Government Liability (7th ed)
Author(s): Greg Weeks, Mark Aronson, Matthew Groves
Judicial Review of Administrative Action and Government Liability Seventh Edition (2022, Thomson Reuters) is one of Australia’s most respected legal texts. It was selected as the first title in Thomson Reuters’ prestigious Lawbook Library Series, because it represents definitive legal scholarship and publishing excellence in Australian law.
For almost three decades, this work has both mapped and supported development of the law and practice of judicial review of administrative action throughout Australia. Repeatedly cited in the High Court of Australia, this landmark work remains the definitive scholarly work for judicial officers, practitioners and students alike.
In this edition, the authors have restructured the book, and have added new chapters responding to debate about Australia's distinctive approach to judicial review and the obligation to support administrative decisions with statements of reasons.
Centre: CIPL
Research theme: Administrative Law

Excellence, Innovation and Courtesy: Federal Court Procedure and Modernity
Author(s):
Four decades after its formation, the Federal Court has clearly established itself as a Court of high standing which fosters excellence, innovation and courtesy. The lifespan of the Federal Court has seen the rise of statutory rights and remedies, the conferral of collective redress, as well as the emergence of the modern regulator and the managerial judge. This contribution will focus on significant challenges that have arisen during that time and the adaptation of civil procedure in response. It will use the Federal Court’s ethos of excellence, innovation and courtesy as a framework to illustrate how the Court has responded procedurally to the challenges before it.
Centre: CIPL
Research theme: Legal Theory

Courting Constitutionalism The Politics of Public Law and Judicial Review in Pakistan
Author(s): Moeen Cheema
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics, the judiciary's prominent role in adjudicating issues of governance and statecraft was long in the making. This book presents a deeply contextualised account of law in Pakistan and situates the judicial review jurisprudence of the superior courts in the context of historical developments in constitutional politics, evolution of state structures and broader social transformations. This book highlights that the bedrock of judicial review has remained in administrative law; it is through the consistent development of the 'Writ jurisdiction' and the judicial review of administrative action that Pakistan's superior courts have progressively carved an expansive institutional role and aggrandised themselves to the status of the regulator of the state.
Research theme: Constitutional Law and Theory

Australia's conceptualisation of maritime security
Author(s): David Letts
A search of relevant government publications does not provide any evidence of an official definition for maritime security that has been adopted by the Australian Government. A range of government departments and authorities use the term, but invariably without any accompanying definition.
Centre: CMSL
Research theme:

Youth Activists, Climate Conscious Lawyering and Environmental Policy: Parliamentary Inquiry Submissions in Legal Education'
Author(s): Heather Roberts, Andrew Ray, Annika Reynolds
As legal practice adapts to the changing expectations lawyers face, law schools must also adapt to ensure they continue to engage their student populations. How law schools can teach the wider “climate-conscious” advocacy skills that future legal generations will require remains an underexplored area. In this article, we propose one novel approach law schools might take, namely, creating and implementing a parliamentary inquiry submission student writing program. We argue that such an approach
Centre:
Research theme: Environmental Law, Legal Education

Accessibility, Equity and e-Mooting: Opportunities and Challenges for Australian Law Schools'
Author(s): Andrew Ray
This article explores the future role for e-mooting in legal education. It analyses the skills that students can gain from online competitions with regard to the increasing use of online court hearings and conferences by the wider legal profession and assesses the improvements to accessibility and equity that result from hosting competitions online. It argues that such benefits justify the continuation of online-only competitions where law schools are not subsidising travel and accommodation to teams and provides practical guidance to law schools in designing and managing online mooting programs.
Centre:
Research theme: Law and Technology, Legal Education

The Law of Central Bank Reserve Creation
Author(s): Will Bateman, Jason Allen
This article explores legal and constitutional dimensions of central banks’ powers to create money, ‘central bank reserves’, through monetary policy operations. Despite the prominence of monetary authority since the Financial Crisis, the law supporting the creation of central bank reserves is very obscure, as is the role of law in structuring constitutional authority over money. We de-mystify those important matters in three steps. First, we explain, for a legal audience, the role of central bank reserves in the financial system and broader economy. Secondly, we analyse the legal basis for the creation of central bank reserves in three prominent ‘North Atlantic’ monetary jurisdictions: the US Dollar, Euro and Sterling systems. Thirdly, we show how the legal structure of central banking intermediates the constitutional state's authority over money through parts of the financial system, focusing on high-profile policy proposals, including ‘QE for the people’, and the creation of central bank digital currencies.
Centre: CIPL
Research theme: Regulatory Law and Policy

The Law of Monetary Finance under Unconventional Monetary Policy
Author(s): Will Bateman
Monetary finance (money creation by central banks to fund public expenditure) is a high-profile part of economic, political and policy debates concerning the legitimacy of central banks in liberal economies and democracies. This article makes a distinctively legal contribution to those debates by analysing the legal frameworks governing monetary finance in three prominent central banking systems between 2008 and 2020: the Federal Reserve System, the Eurosystem and the Bank of England. It begins by explaining the law governing central bank and national treasury relations in the United States, the EU and the UK. It then examines how that law operated under the unconventional monetary policies adopted by central banks in response to the financial crisis and the COVID-19 pandemic. The article concludes by reflecting on the challenges monetary finance presents to the sui generis position of central banks in the liberal constitutional order.
Centre: CIPL
Research theme: Regulatory Law and Policy

National Security Intelligence and Ethics
Editor(s): David Letts, Seumas Miller, Mitt Regan, Patrick F. Walsh
Associate Professor David Letts AM CSM has authored a chapter, 'Intelligence sharing among coalition forces', that appears in National Security Intelligence and Ethics (Routledge, 2021). Since the end of World War II, there have been numerous examples of coalition operations involving two or more military forces, including some operations that have been held under the authority of the United Nations through the passing of a UN Security Council Resolution. 1 Other types of multinational operations, comprising both formal alliances that are set up under treaty arrangements, such as NATO, 2 and more informal coalitions that are typically established under ad hoc arrangements that deal with a specific issue or incident, such as the International Maritime Security Construct, 3 have been a feature of military operations for centuries. 4 Changes in the structure of alliances and coalitions have also been a regular occurrence, often driven by changes that occur in the political landscape of one or more partner State. There are also other types of cooperation that occur between military forces, such as routine participation in exercises and training activities, as well as exchange of personnel, staff meetings and high-level discussions between senior officials. Overall, these activities are all examples of two or more foreign militaries working together to achieve a common objective.
Centre: CMSL
Research theme: