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.

Taking law seriously

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.

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Centre: CIPL

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Taking law seriously

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.

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Centre: CIPL

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Taking the low road: China's influence in Australian states and territories

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).

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Centre: CIPL

Research theme: International Law

Taking the low road: China's influence in Australian states and territories

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.

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Centre: CIPL

Research theme: International Law

The Practice and Problems of Transnational Counter-Terrorism

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.

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Centre: CIPL

Research theme: International Law

Judicial Review of Administrative Action and Government Liability

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.

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Centre: CIPL

Research theme: Administrative Law

Courting Constitutionalism The Politics of Public Law and Judicial Review in Pakistan

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.

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Centre: CIPL, DGAL

Research theme: Constitutional Law and Theory

Maritime security

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.

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Centre: CMSL

Research theme:

Youth activists

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

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Research theme: Environmental Law, Legal Education

'Accessibility, Equity and e-Mooting: Opportunities and Challenges for Australian Law Schools'

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.

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Research theme: Law and Technology, Legal Education

The Law of Central Bank Reserve Creation journal cover page

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.

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Centre: CIPL

Research theme: Regulatory Law and Policy

The Law of Monetary Finance under Unconventional Monetary Policy cover

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.

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Centre: CIPL

Research theme: Regulatory Law and Policy

National Security Intelligence and Ethics

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.

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Centre: CMSL

Research theme:

The Responsible Shareholder

The Responsible Shareholder

Author(s): Stephen Bottomley

Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability.

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Centre: CCL

Research theme: Private Law, Regulatory Law and Policy

The Critical Legal Pocketbook

The Critical Legal Pocketbook

Author(s): Ntina Tzouvala, Illan rua Wall , Freya Middleton, Sahar Shah, CLAW

The Critical Legal Pocketbook provides the tools for law students to uncover the hidden intricacies of law. Law creates an ethical and rational facade for itself, but beneath the surface you will find that it has its monsters; the leviathan of the state, the golems of racism and misogyny, the hydra of coloniality, the vampire of capitalism. These roam throughout law’s subterranean structures. At the same time, law is often painted as a heroic defence of the innocent against these terrors. Legal education likes to forget the ways that law was essential in generating structures of domination and subjection. 

Dr Ntina Tzouvala authored Chapter 8, 'How to run an empire (lawfully)'.

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Centre: CIPL

Research theme: International Law

National Security and Counterterrorism Laws cover page

National Security and Counterterrorism Laws

Author(s): James Renwick

The relationship between national security and the law is often under strain. The past 20 years have seen many Commonwealth laws passed in quick response to counterterrorism attacks, and more recently, acts of foreign interference and espionage. This article explains the scope of this special edition while reflecting on the challenges facing each branch of government, and law-reform, in this increasingly important area of the law.

Centre: CIPL

Research theme: Human Rights Law and Policy, Law, Governance and Development

Deepfakes

'Disinformation, Deepfakes and Democracies: The Need for Legislative Reform' (2021) 44(3) UNSW Law Journal 983

Author(s): , Andrew Ray

Rapid technological advancement is changing the way that political parties, voters, and media platforms engage with each other. This along with cultural change has led to an emerging era of disinformation and misinformation driven by both domestic and foreign actors. Political deepfakes, videos created through the use of artificial intelligence, allow individuals to rapidly create fake videos indistinguishable from true content. These videos have the capacity to undermine voter trust and could alter electoral outcomes. Regulating disinformation however raises significant free speech concerns, as well as questions about where liability should fall. In particular, holding large technology and media platforms accountable for content could lead to unintended chilling effects around freedom of expression, harming rather than protecting democratic institutions. Proposed regulations should therefore be carefully analysed through the framework of the implied freedom of political communication, ensuring that any new laws are proportionate and tailored to the threat they seek to prevent. This article analyses how current Australian law interacts with political deepfakes and proposes two targeted amendments to our federal electoral regulations to reduce the threat they pose to elections.

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Research theme: Law and Technology

Two Afternoons in the Kabul Stadium

Two Afternoons in the Kabul Stadium: A History of Afghanistan Through Clothes, Carpets and the Camera

Author(s): Tim Bonyhady

From the complete coverage of chadaris to mini-skirts, and back again. From ancient carpet designs to woven depictions of tanks and Kalashnikovs. From photographs of unveiled women to an image of horror—the execution of a kneeling woman known as Zarmeena, videoed covertly by one of the few watching women. This remarkable book provides a history of Afghanistan through the visual.

The Kabul Stadium looms large because it was there, one afternoon in August 1959, that women first appeared in western dress at a celebration of Afghanistan’s independence—a turning point, not only for women in Afghanistan’s cities but also for the country itself, symbolising its embrace of the modern. It was also there, one afternoon in November 1999, that the Taliban killed Zarmeena.

Two Afternoons in the Kabul Stadium offers both a new way of seeing Afghanistan and a new way of understanding it.

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Centre: CLAH

Research theme:

Research Handbook on Unilateral and Extraterritorial Sanctions

Research Handbook on Unilateral and Extraterritorial Sanctions

Author(s): Anton Moiseienko

Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy.

Dr Anton Moiseienko authored Chapter 23, 'Due process and unilateral targeted sanctions'.

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Centre: CIPL

Research theme: Human Rights Law and Policy, International Law

Alternative Law Journal

Access to algorithms post-Robodebt: Do Freedom of Information laws extend to automated systems?

Author(s): , Andrew Ray, Bridie Adams

This article analyses how current Freedom of Information laws apply to automated decision-making systems. The authors argue that while current law may extend to automated systems its application is unclear, both to practitioners and government. Instead, amendments to the FOI Act 1982 (Cth) could clarify how the law operates with respect to automated systems, and better balance the underpinning objectives of the Act.

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Research theme: Law and Technology

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