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.

Control of Government Action: Text, Cases and Commentary
Author(s): Robin Creyke, John McMillan
This book displays the breadth and diversity of Australian administrative law. The different role played by courts, tribunals, ombudsmen and other review bodies is comprehensively covered. The criteria applied by those bodies in reviewing the legality and propriety of government administrative are examined in an integrated manner that best shows the options available to an aggrieved person. Public law concepts and theories that influence government decision making and administrative review are also covered.
Centre: CCL
Research theme: Administrative Law

Privatising the Public University: The Case of Law
Author(s): Margaret Thornton
Privatising the Public University: The Case of Law is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the market on students, academics and law schools, documenting how both the curriculum and pedagogical methods have changed. If the passing of the idea of the university is rued, concern usually focuses on the humanities and the natural sciences. In this respect, law has been regarded as privileged because of the virtually unstoppable demand for law places and the willingness of students to pay high fees. And, as this book shows, it is commercial and instrumental forms of legal training that are now favoured, whilst the humanistic, critical, theoretical and social justice aspects of legal knowledge have been corroded. Privatising the Public University will be of considerable interest to legal academics; but it will also be invaluable work for anyone interested in the future of higher education, or, more generally, in the corporatization of culture.
Centre:
Research theme: Regulatory Law and Policy

Nanotechnology for a Sustainable World: Global Artificial Photosynthesis as Nanotechnology's Moral Culmination
Author(s):
Does humanity have a moral obligation to emphasise nanotechnology’s role in addressing the critical public health and environmental problems of our age? This well-crafted book explores this idea by analysing the prospects for a macroscience nanotechnology-for-environmental sustainability project in areas such as food, water and energy supply, medicine, healthcare, peace and security. Developing and applying an innovative science-based view of natural law underpinning a global social contract, it considers some of the key scientific and governance challenges such a global project may face.
Centre: CLAH
Research theme:

Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives
Editor(s): Donald Rothwell, Alan Hemmings, Karen N Scott
The Antarctic Treaty (1959) was adopted for the purpose of bringing peace and stability to Antarctica and to facilitate cooperation in scientific research conducted on and around the continent. It has now been over fifty years since the signing of the treaty, nevertheless security continues to drive and shape the laws and policy regime which governs the region. Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives assess Antarctic security from multiple legal and policy perspectives. This book reviews the existing security construct in Antarctica, critically assesses its status in the early part of the Twenty-First century and considers how Antarctic security may be viewed in both the immediate and distant future. It assesses emerging new security threats, including the impact of climate change and the issues arising from increased human traffic to Antarctica by scientists, tourists, and mariners. The authors call into question whether the existing Antarctic security construct framed around the Antarctic Treaty remains viable, or whether new Antarctic paradigms are necessary for the future governance of the region.
Centre: CIPL
Research theme: International Law

Property and Social Resilience in Times of Conflict: Land, Custom and Law in East Timor
Author(s): , Andrew McWilliam, Susana Barnes
Peace-building in a number of contemporary contexts involves fragile states, influential customary systems and histories of land conflict arising from mass population displacement. This book is a timely response to the increased international focus on peace-building problems arising from population displacement and post-conflict state fragility. It considers the relationship between property and resilient customary systems in conflict-affected East Timor. The chapters include micro-studies of customary land and population displacement during the periods of Portuguese colonization and Indonesian military occupation. There is also analysis of the development of laws relating to customary land in independent East Timor (Timor Leste). The book fills a gap in socio-legal literature on property, custom and peace-building and is of interest to property scholars, anthropologists, and academics and practitioners in the emerging field of peace and conflict studies.
Centre: LGDI
Research theme: Human Rights Law and Policy, Indigenous Peoples and the Law, International Law, Law, Governance and Development, Migration and Movement of Peoples

The ICJ and the Evolution of International Law: the enduring impact of the Corfu Channel case
Editor(s): , Karine Bannelier, Theodore Christakis, Sarah Heathcote
In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. It collects the commentary of a distinguished set of international law scholars, including four well-known international judges.
Centre: CIPL
Research theme: International Law

Law in Context (4th ed)
Author(s): Stephen Bottomley, Simon Bronitt
This fourth edition of Law in Context not only updates the text by reference to the latest thinking and developments in the broad area of ‘law in context’, but also introduces readers to the wider social, political and regulatory contexts of law. Bottomley and Bronitt, as in previous editions, expose readers to the multitude of contexts (some explicit, others implicit) that affect how law is made, broken and enforced by the state or individual citizens. The fundamental ideals of law – such as the Rule of Law – rest on cherished liberal values, though the authors constantly encourage readers not to accept uncritically the rhetoric of law, but to test these assumptions through empirical eyes.
Centre: CCL
Research theme: Administrative Law, Constitutional Law and Theory, Criminal Law, Human Rights Law and Policy, International Law, Private Law, Regulatory Law and Policy

Fault Lines in Equity
Editor(s): Pauline Ridge, Jamie Glister
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
Centre: CCL
Research theme: Private Law

Delegated Legislation in Australia (4th ed)
Author(s): Dennis Pearce, Stephen Argument
This new edition of Delegated Legislation in Australia deals in detail with the important topic of delegated or subordinate legislation. Legislation made by various government and other bodies under the authority of an Act of Parliament exceeds in volume the legislation made by Parliaments in the form of Acts. This book is an essential guide for legislators, public officials at all levels of government, judicial officers and lawyers.
Centre: CIPL
Research theme: Administrative Law, Constitutional Law and Theory, Regulatory Law and Policy

Environmental Law
Author(s):
This text highlights the facts, issue and decision in each case so that the principles can be readily understood and memorised and trends in the development of case law on environmental law can be readily identified. The cases have been selected to align with current teaching in this area and their national focus makes the book suitable for all Australian jurisdictions. An excellent study and revision resource for students, this book is a great quick reference for anyone wanting to understand the case law in this area.
Centre:
Research theme: Environmental Law

Kangaroo Courts and the Rule of Law - the Legacy of Modernism
Author(s): Desmond Manderson
Kangaroo Courts and the Rule of Law -The Legacy of Modernism addresses the legacy of contemporary critiques of language for the concept of the rule of law. Between those who care about the rule of law and those who are interested in contemporary legal theory, there has been a dialogue of the deaf, which cannot continue. Starting from the position that contemporary critiques of linguistic meaning and legal certainty are too important to be dismissed, Desmond Manderson takes up the political and intellectual challenge they pose. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it? Pursuing a reflection upon the relationship between law and the humanities, the book stages an encounter between the influential theoretical work of Jacques Derrida and MIkhail Bakhtin, and D.H. Lawrence's strange and misunderstood novel Kangaroo (1923).
Centre: CLAH
Research theme: Constitutional Law and Theory, Human Rights Law and Policy, Law and Social Justice, Law, Governance and Development, Legal Theory

Human Rights Law
Author(s):
This book provides a concise outline of the principles of human rights law within undergraduate law. Written in clear, straight-forward language, the author explains the principles, and highlights key cases and legislative provisions.
Centre: CIPL
Research theme: Human Rights Law and Policy

Civil Procedure - Commentary and Materials (5th edition)
Author(s): Peta Spender, Stephen Colbran, Sheryl Jackson, Roger Douglas, Tania Penovic
Civil Procedure Commentary & Materials provides students and practitioners with a comprehensive analysis of the practical and theoretical issues encountered in Australian civil procedure, including alternative dispute resolution. Civil Procedure Commentary & Materials combines a wealth of primary and secondary materials from all jurisdictions. The common law is clearly set out, together with extensive practical commentary. Each chapter features in-depth questions and notes together with lists of further reading to aid and extend understanding. Civil Procedure Commentary & Materials examines and discusses each substantive and procedural step in the trial process.
Centre: CCL
Research theme: Private Law

Animal Law in Australia: An Integrated Approach
Author(s):
Written in a clear, engaging and accessible style, it is suitable as a teaching text for Animal Law courses, and for the wider legal community and general reader interested in animal welfare. This is the first Australian text to offer a truly integrated and comprehensive coverage of animal law issues. It combines the philosophical and ethical dimensions to animal law with the practical, legal and regulatory frameworks governing animals in Australia. It features a comprehensive, balanced coverage of animal law issues in Australia ensures readers will gain a solid understanding of the wider regulatory regime in Australia. Each chapter integrates the philosophical/ethical discussion with practical issues and the legal context to demonstrate the relationship between these dimensions, allowing readers to gain an understanding of the background driving current regulatory regimes. Chapters include clear learning objectives, stimulus questions and further reading to facilitate depth and breadth of learning for both students and the general reader.
Centre: CCL
Research theme: Administrative Law, Private Law

Brief of International Law Professors as Amici Curiae in Support of Defendants in Chevron versus Donziger
Author(s):
Between 1964 and 1990, Texaco dumped about 16 billion gallons of toxic substances into the surface water of the Amazon, relied upon by indigenous Amazon and remote farmers. Texaco also created hundreds of unlined pits in the jungle floor and filled them with toxic sludge. In 1993, the Amazon indigenous communities and remote farmers sued Texaco in the United States, its home jurisdiction, seeking redress for damages caused by Texaco’s operations. From 1993 to 2002 Texaco and later Chevron, when it acquired Texaco, fought to have the case dismissed and moved to Ecuador as the more appropriate forum to try the case. Ultimately, the U.S. action was dismissed in exchange for promises by Chevron to accept jurisdiction in Ecuador and satisfy any judgment rendered by an Ecuadorian court. The case was re-filed and tried in Ecuador. On February 14, 2011 the Provincial Court of Sucumbios awarded the Ecuadorian plaintiffs $8.6 billion in damages, with $5.6 billion going toward environmental remediation.
Anticipating the worst, Chevron took preemptive action back in the United States. With the judgment not final and no attempt by the Ecuadorian plaintiffs to enforce in the U.S., Chevron filed a complaint against the Ecuadorians seeking declaratory relief for non-recognition of the Ecuadorian judgment and a preliminary injunction enjoining the Ecuadorians from seeking to have the Ecuadorian judgment recognized or enforced anywhere in the world. On March 7, 2011, the U.S. Federal District Court in the Southern District of New York granted the preliminary injunction in this Opinion. The Ecuadorian's have appealed and this amicus brief was filed on June 9, 2001 in support of the Ecuadorians. The brief seeks to show that the District Court erred in granting the injunction and that international legal obligations of the United States requires that the injunction be dissolved and the case dismissed.
Centre: CIPL
Research theme: International Law

Trying to Discipline the 'Green Economy' of Rio plus 20
Author(s):
In this brief conference presentation I consider two aspects of the paper I am writing for the Symposium proceedings. With the first I act as provocateur. I argue that the time has come to replace sustainable development with good old fashion concern for the environmental health of the planet as the centrepiece of the international community’s environmental agenda. The second matter involves very briefly suggesting that new ambitions for international environmental law-making might assist in putting the environment front and centre again.
Centre: CIPL
Research theme: Environmental Law, International Law

Why Julian Assange May Have a Case to Answer in Australia, Despite What the AFP Says (or, Why Julia Gillard Might Be Right)
Author(s):
Despite a finding by the Australian Federal Police that it has been unable to identify any breaches of Australian law by Julian Assange, the apparent leader of Wikileaks, we submit that such a finding is far from certain. While we are not in a position to second-guess the AFP on the strength of the evidence available, we highlight that there are matters of public record and a legal background that suggests that Assange and Wikileaks may have come close to committing an offence/s under the Australian Criminal Code Act 1995 (Cth) relating to telecommunication services.
Centre: CIPL
Research theme: Criminal Law

Problems in Environmental Protection and Human Rights: A Human Right to the Environment
Author(s):
This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. The assertion of a human right to a healthy environment has persisted over the last 40 years. Here we examine the international guarantees and national guarantees that have developed. We also look at moves toward a Declaration on Human Rights and the Environment.
Centre: CLAH
Research theme: Environmental Law, Human Rights Law and Policy

Problems in Human Rights and Large Dams
Author(s):
This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. Among large infrastructure projects, damming rivers to provide hydroelectric power have been the source of considerable conflict between governments and the people who are affected by such projects, especially those forced to relocate. In many instances dams are built in pristine natural areas, destroying or degrading nature reserves, indigenous lands and/or archaeological sites. Increasing opposition to large dams has resulted in national and international litigation, as well as substantial changes in the practices of international financial institutions. This case study looks at the case of the Narmada dam in India, as it has evolved over time in response to public action, national litigation, and challenges to World Bank financing. In reading these materials, consider the following issues: (1) In developing countries, do the benefits of flood control and the provision of renewable energy outweigh the environmental and human rights impacts of large dams? (2) Can equal or greater benefits be achieved by alternative development projects that have fewer negative impacts on the environment and human rights? (3) By what procedures and substantive measures can the negative impacts be avoided or mitigated? (4) Even if there are considerable benefits to hydroelectric projects, should certain locations be off-limits to the construction of large dams? If so, what are the relevant criteria by which to decide? (5) How should the rights of local communities and indigenous populations be safeguarded?
Centre: CLAH
Research theme: Human Rights Law and Policy

Problems in Human Rights and Transboundary Pollution
Author(s):
This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. Using the Application Instituting Proceedings in the International Court of Justice case involving Arial Herbicide Spraying (Ecuador v. Columbia) [2008] ICJ 4-28 General List No. 138 (March 31, 2008)(footnote omitted), this case study raises questions associated with human rights and international environmental law.
Centre: CLAH
Research theme: Environmental Law, Human Rights Law and Policy