Macquarie Law School's research is of an international calibre. Our legal research is rated above world standard (4 out of 5) in the Australian government's 2012 Excellence in Research (ERA) evaluation.
We engage in collaborative work that spans the globe, bringing together researchers from other leading academic institutions as well as intergovernmental and non-governmental organisations. Collaborations have focused on a range of cutting-edge legal issues, in fields including international law, constitutionalism, health law and ethics, special position of developing countries, international trade, and environmental law and policy.
Our researchers are also recipients of highly competitive research grants and collaborate with, and consult for, a range of government, community and industry bodies such as AusAid, the Legal and Constitutional Affairs Legislation Committee, and the United Nations Development Programme, as well as several highly regarded international universities.
Human rights and social justice
Research leader: Professor Denise Meyerson
It encompasses philosophical and theoretical approaches to human rights and ethical challenges, as well as the mechanisms for enhancing access to justice and equality.
Research leader: Professor Shawkat Alam
This research are focuses both on international and domestic application, our strengths include sustainable development and trade, climate change, heritage law and Indigenous rights, and environmental planning law.
We are recognised for our strengths in international economic and trade law, international human rights law, international dispute settlement, international law protections of refugees, and law of the sea. Competitive external funding has been secured in a number of these areas.
Legal governance, regulation and public policy
Research leaders: Associate Professor Carlos Bernal-Pulido
Our specific focus is on issues of legal governance and regulatory frameworks in a globalised context. It encompasses constitutional law and theory and administrative law, with a particular interest in issues of migration law. This research strength also extends to industry and regulatory governance, with a number of researchers actively engaged in the areas of corporate governance, health regulation, and media and technology regulation.
Research leader: Professor Peter Radan
This area focuses on the law of obligations governing the interactions of individuals and entities in a range of social and economic contexts. It includes both the contextual and theoretical application of areas of law such as contract, torts, trusts, equity, property, corporations, and remedies. These obligations underpin the vast majority ofall individual interactions and commercial transactions.
Centre for Environmental Law
The Centre for Environmental Law (CEL) builds on the research strengths and expertise of our academic staff in specific areas including international and comparative law, marine environmental law, water law and governance, sustainable corporate governance and financing, pollution and environmental regulation, climate change, planning and local government law, natural and cultural heritage. All CEL members also teach in the Macquarie Law School strengthening the research-teaching connection.
Recent research activity
- Bernal, Carlos "Transitional Justice within a framework of a permanent constitution: The case study of the legal framework for peace in Columbia" (2015). (3)4 Cambridge Journal of International and Comparative Law 1-27
- MacDermott, Therese "The role of mandatory ADR and agency engagement in resolving employment discrimination complaints: An Australian perspective" (2015) 31 (1) International Journal of Comparative Labour Law and Industrial Relations 27-46.
- Meyerson, Denise, 'Why Should Justice be Seen to be Done?', (2015) 34 Criminal Justice and Ethics forthcoming
- Zahar, Alexander 'Mediated versus Cumulative Environmental Damage and the International Law Association's Legal Principles on Climate Change'(2014), 4 Climate Law 217-233.
- Zahar, Alexander International Climate Change Law and State Compliance, Abingdon, UK: Routledge (Routledge Advances in Climate Change Research), 2015
- Sonia Allan and Pater Radan are contributors to Concise Australian Legal Dictionary, 5th ed, LexisNexis, 2015.
Therese MacDermott "The role of mandatory ADR and agency engagement in resolving employment discrimination complaints: An Australian perspective" (2015) International Journal of Comparative Labour Law and Industrial Relations (forthcoming).
- John Gooley, Peter Radan & Ilija Vickovich, Principles of Australian Contract Law, Cases & Materials, 3rd ed, LexisNexis, 2015
- Clare Cunliffe, Campbell Thompson, Niloufer Selvadurai and Nico Burmeister, National Group: Australia, "Exhaustion issues in Australian copyright law" AIPPI Working Papers, AIPPI World Intellectual Property Congress, Toronto, Canada, 2014.
- Niloufer Selvadurai, "Telecommunications-specific competition regulation in a converged digital environment" Australian Journal of Competition and Consumer Law (forthcoming 2015).
- Bernal - Pulido Carlos "Informal Constitutional Change", in: American Journal of Comparative Law (forthcoming)
- Bernal - Pulido Carlos "Collective Intentionality and the Ontological Structure of Law", In Rechtstheorie (forthcoming).
- Bernal - Pulido Carlos "A Methodology for a Neo-Constitutional Legal Theory. A Critical Analysis of Robert Alexy's Juridico-Philosophical Methodology", in María Elósegui and Alejandra Flores, Robert Alexy y el Neo-Constitucionalismo (Mexico: Porrúa), in Spanish.
- Bernal - Pulido Carlos has signed a contract with Oxford University Press for the following publication: The Philosophy of Law of Eugenio Bulygin (Carlos Bernal, Jose J. Moreso, and Stanley L. Paulson), (Oxford: Oxford University Press)
- Erika J Techera and Natalie Klein (eds), Sharks - Conservation, Governance and Management (Routledge, 2014)including a chapter by Natalie Klein, 'The existing global legal regimes' and another co-authored chapter: Natalie Klein and Erika J Techera, 'Synergies, solutions and the way forward'.
- Denise Meyerson, 'Is There a Right to Access Innovative Surgery?' Bioethics (forthcoming).
- Watson, P 'Using Peer Assisted Learning to Develop Resilient and Resourceful Learners' in R Field, C James, W Larcombe J Duffy (eds) Promoting Law Student and Lawyer Well-Being in Australia and Beyond (Ashgate Publishing Ltd)
- Joel Harrison is hosting a Workshop, Religious Communities: Adopting, Modifying, or Rejecting Rights Discourse,on Thursday 12 February 2015 in the Blackshield Room. The Workshop will discuss papers analysing how religious traditions debate and contribute to rights discourse, exploring possible tensions or areas of consensus. Fifteen academics are attending from Otago (NZ); UQ; Sydney; ANU; Notre Dame (Syd); Newcastle; Adelaide; and Macquarie University (including Malcolm Voyce and one of our PhD students).
- Rafiqul Islam was one of the invited speakers at the Winter Conference on "From Genocide to Justice in Bangladesh: 1971-2014" on 18-25 December 2014 in Dhaka organised and hosted by Centre for the Study of Genocide and Justice of the Bangladesh Liberation War Museum. He presented the following two papers at the plenary sessions on 19 and 20 December 2014 respectively and both papers have already been published in the peer reviewed conference proceedings: 1. "Adoption of the International Crimes (Tribunals) Act 1973 (in Bangladesh): Its History and Application, Non-retroactivity and Amendments"; and 2. "National Trials of International Crimes in Bangladesh: Its Significance for International Criminal Law".
- Brian Opeskin "Migration, Social Disadvantage and Health Conference", (School of Public Health & Preventive Medicine, Monash University), Melbourne 11-13 February 2015.
- Sonia Allan ''The Regulation and Governance of Synthetic Biology Research and Applications', Synthetic Biology Workshop, CAVE, Macquarie University, 10 December 2014
- Sonia Allan, 'Sex Selection, the Law, and Reproductive Tourism', The Problem with Choosing Children's Gender Worshop, CAVE, Macquarie University, 18 December 2014.
- Natalie Klein spent a week in South Korea at the invitation of the Ministry of Foreign Affairs, and gave a presentation at the Ministry, as well as to the Korean Society of International Law and to students at the University of Seoul. Fred Smith from PICT also attended. We additionally had meetings with the Korean Institute on the Law of the Sea and with the Northeast Asian History Foundation. Varied collaborations were discussed as a result of the meetings and presentation.
- Natalie Klein presented on Maritime Interceptions of Irregular Migrants at the Royal Australian Navy Celebration of 20 Years since the Entry into Force of the UN Convention on the Law of the Sea, which was organised by the Seapower Centre and the ANU.
- Kate Glesson presented on "Tony Abbott and the enduring significance of abortion to the Christian Right" to Jesse Street Women's Library 20 November 2014.
- Rafiqul Islam will be presenting by invitation 2 key note papers on the complementarity between international and national criminal jurisdictions in 2 separate plenary sessions of an international conference titled: "Genocide and justice in Bangladesh: 1971-2014"hosted by Centre for the Study of Genocide and Justice, Bangladesh on 18-25 December 2014.
- Cunliffe, C, and Selvadurai, N, Exhaustion issues in copyright law, Australian AIPPI Forum, Ashurst solicitors and Davies Collison Cave, May 2014.
- Selvadurai, N, "Not just a face in the crowd: The proper regulation of face recognition technologies," International Conference on Information Law, University of Macedonia, Greece, via videoconference, May 2014.
- Bernal - Pulido, Carlos "A Doctrine of Precedent for Continental Law Jurisdictions", Guest Lecture, Judicial Academy, Medellin, July 2014. [in Spanish] (forthcoming)
- Bernal - Pulido, Carlos "Theories of Legal Argumentation", Guest Lecture, UEES, Guayaquil, Ecuador, June 2014. [in Spanish] (forthcoming)
- Bernal - Pulido ,Carlos "Conscience Clauses and Conscience Refusal in Comparative Perspective", Keynote Lecture at the Conference Freedom of Speech, Conscience and Association in a Religiously Tolerant Society, TC Beirne School of Law, University of Queensland, Brisbane, Australia, October, 2014. [in English](forthcoming)
- Simm, Gabrielle with Dr Daniel Joyce, UNSW) 'Zero Dark Thirty: Torture, representation and international law' International Law and Film panel, European Society of International Law annual conference, University of Vienna, 4-6 September 2014. (forthcoming)
- Simm, Gabrielleinvited, 'New Spirits of Humanitarianism: Genealogies, Practices, Responses' Workshop, University of Western Sydney, 11-12 December 2014(forthcoming)
Watson, P giving 2 papers at Australasian Law Teachers Association Conference, "Thriving in Turbulent Times: Re-imagining the Roles of Law, Law Schools and Lawyers". 10-12 July 2014, at Bond University, Queensland:. 'What Does Effective Teaching Mean?" for Legal Education interest group; and 'Developing Tort Privacy: Towards a Right to Human Dignity in Australia' for Torts group (forthcoming)
- Dr Kate Gleeson has been awarded Macquarie University Research Development Grant of $44,497 for the project entitled "A Comparative Analysis of Processes and Outcomes for Justice in the Context of Catholic Clerical Child Sexual Abuse in Ireland and Australia, 1986-2016".
- Sonia Allan, AMP Tomorrow Fund Grant $30,000 - Research and Development of Community Resource on Health Law
- Congratulation's to Niloufer Selvadurai on the following successful grant.
- Khalaileh, Y, Kisswani, and N Selvadurai, N, "Introducing a Unified Regulatory Framework for Telecommunication Interception and Access in the Gulf Region," Qatar National Research Foundation Grant, $361,251, (2014-2016).
- Bangladesh Collaboration: A high level Bangladesh delegation has visited Macquarie University on 30-05-2014 led by Begum Ismat Ara Sadique, Honourable Minister of State, Ministry of Public Administration, Government of the People's Republic of Bangladesh, to follow up on the progress of collaboration between Macquarie University and her Government. The previous delegation highlighted the need for higher degree research training for their staff in particular areas of policy development, such as good governance, to deal with the challenges associated with globalisation, law reform and sustainable development. They are committed to facilitating opportunities for their officials to obtain PhD qualifications, with a view to sending at least 4-5 government officials to Macquarie for PhD in relevant disciplines in future. This would involve official secondment for these officials, funded by the Government of Bangladesh.
Research and training
- CEL has been awarded funding (Category B) two substantial research and training programs through the Department of Foreign Affairs and Trade (AusAID):
"Capacity Building for Trade, Environment and Sustainable Development" in February 2013 ($277,000) in partnership with Access MQ and the Ministry of Commerce, Government of Bangladesh.
- "Building Capacity for Effective Negotiation and Participation in International Treaties in Bangladesh" in 2014 ($344,000) in partnership with Access MQ and the Economic Relations Division of the Ministry of Finance, Government of Bangladesh.
- CEL has submitted in May 2014 an EOI for Round 2 of the Global Partnership for Development Fund of DFAT ($2.100,000 requested over 3 years, Category B)
Staff research interests
The research interests of Macquarie Law School staff reflect the commitment to viewing the operation of the law and legal system in its total social, economic and political context. All staff have published widely and in a broad range of subject areas.
Emeritus Professor Tony Blackshield
LLM (Syd) Constitutional Law, Tort Law
Professor Rosalind Croucher
(currently on leave as President to the Australian Law Reform Commission)
BA (Hons) LLB (Sydney), PhD (UNSW), AMusA (AMEB), FRSA, FACLM (Hon)
Wills, trusts, equity, legal history, property, management of use of corpses.
BA (Hons) LLB, MA (Rajsh), LLM, PhD (Monash)
Public international law; International trade and WTO law; Foreign direct investment law; International human rights law; Law of international organisations; and International security law.
Emeritus Professor Bruce Kercher
BA LLB (Syd), LLM (UNSW), PhD (Macq)
Legal history, especially Australian colonial and nineteenth century British legal empire.
BA (Juris) LLB (Hons) (Adel), LLM JSD (Yale)
Public international law, particularly international dispute resolution; Law of the sea; International humanitarian law; International commercial arbitration, Investment disputes
BA (Hons) (Wits); LLB (SA); LLM (Qld)
Environmental Law, especially pollution law, planning law, climate change law, biodiversity and environmental impact assessment.
BA (Wits) LLB (Cape Town) (magna cum laude) B Phil (Oxon) D Phil (Oxon)
Human rights; constitutional law and comparative constitutionalism; jurisprudence; theoretical foundations of public law.
B Com (Hons Econ) (UNSW), LLB (UNSW), BCL (Oxon)
Public law, international migration law, courts and judges, public health law, Pacific legal systems, legal governance.
BA LLB PhD (Syd) DipEd (SCAE)
Contracts, Equity & Trusts, Real Property, Self-determination/Secession.
LLB (Hons) (Raj), LLM (Dhaka), PhD (Macq)
International environmental law, public international law, international trade law, WTO and sustainable development, globalisation and sustainable development, developing countries in global environmental politics, trade - poverty and environment nexus, international human rights law, law of international institutions, regional trading blocks and the environment, intellectual property rights and legal education.
LLB (Hons) (University Externado of Colombia), MA (Philosophy) (Florida), SJD (Salamanca), Ph.D. (Philosophy) (University of Florida)
Jurisprudence, Constitutional Law, Torts, Comparative Law, Social Ontology, Philosophy of Action.
BEc LLB (Macq) LLM (Monash) Grad Dip in Higher Education (UTS)
Regulation; Competition law; Commercial law; Legal education.
BSc LLM (Delhi) PhD (ANU)
Feminist legal theory; Discrimination law; Family law.
BA LLB (Hons) (Syd), Grad Dip Leg Prac (UTS), PhD (Macq)
Telecommunications law; Technology law; Intellectual property law.
LLB (Hons) (Exeter), PhD (London)
Comparative law; constitutional law; theory of law.
LLB (Auck), MA, PhD (Lond), PhD (Macq)
Property law and Succession concerning the privatisation of public property, geographical indications, intellectual property rights, social welfare, family farm inheritance; Law and religion.
BA(Asian Studies)/LLB (ANU)
Public international law; international human rights law; constitutional law; administrative law; transparency and accountability in government including government compliance with international obligations; regulation of government-held information under privacy, freedom of information, archives and secrecy laws; government decision-making processes; and government law reform processes.
Sex, gender, sexuality and reproduction in law. Law and Politics. Law and public policy.
BA (Hons) (QU), LLB (ANU), PhD (Macq)
Constitutional law, administrative law; the nature of governance; Australian governance; the people; Common law history and constitutionalism; History and law of the monarchy; Constitutional history; legal history; Jurisprudence: natural law, common law, philosophy of law; Australian politics; The State.
BA (UQ); LLB (1st Class Hons. UQ) BCL (Oxon)
Labour law, labour mobility, anti- discrimination law, dispute resolution, gender equality and human rights.
ARCT (Toronto), BSc (Toronto), LLB (McGill)
Health law and bioethics, research ethics and regulation, law and mental health, elder law, children and the law.
LLB (Hons) (Brunel), LLM (British Columbia), LLM (UNSW), PhD (UNSW)
Defamation, media law, journalism and the law, censorship, free speech, European law, international law.
BA (Soc Sc) LLB (Hons I) (Macq)
Legal Ethics, Capacity, Substitute Decision Making, Elder Law, Alternative Dispute Resolution, Juvenile Justice, Restorative Justice, Human Rights
BA LLB (Macq) LLM (UNSW)
Indigenous legal issues, family law, constitutional law, remedies, law and cultural studies.
BA (Hons) (Sydney), LLB (Hons) (Sydney); Graduate Diploma in Legal Practice (ANU), PhD (Sydney) (expecting completion in 2014)
Domestic, International, Regional and Comparative Refugee Law, Domestic and Comparative Immigration Law, Administrative Law, Comparative Law, Legal Transfers/Transplants, Human Rights, Global Governance
BA/LLB (Hons) (University of Auckland); MSt, DPhil (Oxon)
Law and religion, human rights, comparative human rights, constitutional law, comparative constitutional law, post-secular theory.
BA (Hons) LLB (Syd) LLM (Macq)
Evidence, Civil and Criminal Procedure, Contract Law and Theory, Law of Work, Labour Law, Commercial Law, Consumer Law, Competition Law, Corporations Law, Equity and Trusts, Dispute Resolution, Legal History, Law of Church and State, Law and Society, Legal Education, Legal Publishing
BEd (Syd), DipTeach (STC), DipLaw (SAB), LLM (Syd)
Professor Shawkat Alam
- Successful application under the Australia Awards Fellowships scheme for Round 14 funded by the Department of Foreign Affairs and Trade for the project: "Building capacity for effective negotiation and participation in international treaties for Bangladesh" in collaboration with Access Macquarie. We have been awarded funding in the amount of AUD334,038 (plus GST) to deliver a three-week research and training program in June 2014 for twenty-five senior government officials, primarily from the Economic Relations Division of the Ministry of Finance, Government of Bangladesh. This represents our second successful grant (category B) through the Centre for Environmental Law
Dr Kate Gleeson
- 2013-2014: Asian Development Bank consultancy Promoting Evidence Based Policy Making for Gender Equity in the Pacific ($17700)
- 2009-2013: Australian Postdoctoral Fellowship DP0986934 The Parliamentary Politics of Abortion Law Reform - The Diverse Experience of Nine Jurisdictions (1965-2010) ($304.000)
- 2011: Research Infrastructure Block Grant, Macquarie University, Media Archives Project ($78.037) with Prof Bridget Griffen-Foley, Associate Professor Michelle Arrow and Prof Murray Goot
- 2006-2009: Macquarie University Research Fellowship: Towards New Cross-disciplinary Understandings of Abortion Policy and Healthcare Practice
Professor Natalie Klein
- 2013:Australian Research Council Discovery Project: Improving the Global Governance of Sharks: Obstacles, Options and Opportunities (with Erika Techera; $100,000, 2013-2015)
- 2008:Australian Research Council Discovery Project: Choosing Litigation to Resolve International Law Disputes in Protecting Australia's Offshore Assets, Its Citizens and Foreign Trade ($220,000) (2008-2011)
Professor Denise Meyerson
- "On the cutting edge: promoting best practice in surgical innovation", ARC Linkage Grant (current) (CIs: W Rogers, A Johnson, A Ballantyne, M Lotz, D Meyerson, A Eyers, G Maddern, C Thomson) Innovative surgery refers to the evolution of existing surgical procedures and the development of new ones. The practice is vital to healthcare, yet it raises a number of ethical, legal and regulatory concerns since it falls into a 'grey area' between research and ordinary practice. The aim of this project is to use theoretical and empirical investigation to develop a framework for evaluating innovative surgery. The associated tools and resources that will be developed will improve informed consent processes, training for surgeons undertaking new procedures, and the hospital regulation of innovative surgery. The outcomes of this research will deliver benefits to patients, practitioners, healthcare managers and regulators.
Associate Professor Vijaya Nagarajan
- Project Title: 'Economic Empowerment of Women in the Pacific' within the Pacific Private Sector Development Initiative
Awarding Body: Asian Development Bank
Role in the Grant/Research contract: C1
Year: August 2013 - July 2014
- Project Title: 'Gender Assessment of the constraints in engaging in the private sector in Solomon Islands' within the Pacific Private Sector Development Initiative
Awarding Body: Asian Development Bank
Role in the Grant/Research contract: C1
Year: May 2013 - June 2013
- Project Title: 'Gender Assessment in five Pacific Countries' within the Gender and Investment Climate Reform Project
Awarding Body: Australian Aid
Role in the Grant/Research contract: C1
Year: 2009 - 2011
Associate Professor Niloufer Selvadurai
- Niloufer Selvadurai is the successful recipient of the following grant: Khalaileh, Y, Kisswani, and N Selvadurai, N, "Introducing a Unified Regulatory Framework for Telecommunication Interception and Access in the Gulf Region," Qatar National Research Foundation Grant, $361,251
Mr George Tomossy
- 2014: AusAID (DFAT), Australian Leadership Awards, Round 14 - "Building Capacity for Effective Negotiation and Participation in International Treaties for Bangladesh" [Alam S, Tomossy G]
- 2013: AusAID (DFAT), Australian Leadership Awards, Round 12 - "Capacity Building for Trade, Environment and Development in Bangladesh" [Alam S, Tomossy G]
- 2011-2013: Australian Research Council, "On the Cutting Edge: Promoting Best Practice in Surgical Innovation" (LP11020217) [Rogers W, Johnson J, Townley C, Sheridan S, Ballantyne A, Lotz M, Meyerson D, Tomossy GF, Eyers T, Maddern G, Thomson C]
HDR research projects
Current HDR students
|Abdullah Al ARIF|
|Tien DAT BUI|
|Sheik Noor MOHAMMAD|
|Yan Chi WEBSTER|
Past HDR students
Macquarie Law Journal
The Macquarie Law Journal is published by the Macquarie Law School. It is a double-blind peer-reviewed journal that provides a forum for scholarly dialogue concerning a wide range of legal issues. Since 2012 it has been published annually and exclusively online. It was published annually in hard copy format between 2001 and 2009. Archived articles can be found on the AustLII database.
Journal Patrons and Editorial Board
The Hon Justice Michael Kirby AC CMG
High Court of Australia
The Hon Justice Deidre O'Connor
Federal Court of Australia
The Editorial Board comprised a group of scholars of international standing with a strong and continuing record of critical and interdisciplinary legal scholarship.
- Upendra Baxi, University of Warwick
- Tony Blackshield, Macquarie University
- Mitchell Dean, University of Newcastle
- Anton Fagan, University of Cape Town
- Desmond Manderson, Australian National University
- Lawrence McNamara, Bingham Centre for the Rule of Law
- Leslie Moran, University of London
- Ngaire Naffine, University of Adelaide
- Paul Patton, University of New South Wales
- Stanley L Paulson, University of Kiel
- Ian Ramsay, University of Melbourne
- Alexander Reilly, University of Adelaide
- Stephen A Smith, McGill University
- Margaret Thornton, Australian National University
Volume 16, 2016:
Annual Tony Blackshield Lecture
- Human Rights and the Overreach of Executive Discretion: Citizenship, Asylum Seekers and Whistleblowers
– Gillian Triggs
- A History of the Defence Power: Its Uniqueness, Elasticity and Use in Limiting Rights
– Kate Chetty
- Cautious Constitutionalism: Commonwealth Legislative Independence and the Statute of Westminster 1931-1942
– David Clark
- Helping States Help Themselves: Rethinking the Doctrine of Countermeasures
– Eliza Fitzgerald
- Class Action Settlement Distribution in Australia: Compensation on the Merits or Rough Justice?
– Michael Legg
- Law, Politics, and the Attorney-General: The Context and Impact of Gouriet v Union of Post Office Workers
– Peter Radan
- The Issue of Betterment in Claims for Reinstatement Costs
– Ava Sidhu
Volume 15, 2015:
Synthetic Biology: Legal, Social and Ethical Challenges to its Regulations and Governance
- The Synthetic Yeast Project as a Topic for Social Scientific Investigation
– Jane Calvert and Emma Frow
- Ethical Issues in Synthetic Biology: A Commentary
– Wendy Rogers
- Synthetic Biology: Ethics, Exceptionalism and Expectations
– Ainsley Newson
- Synthetic Biology and the Responsible Conduct of Research
– Karolyn White and Subramanyam Vemulpad
- Regulatory Challenges of Synthetic Biology Trials and Other Highly Innovative Investigational Products
– Lisa Eckstein
- 'iDentity' and Governance in Synthetic Biology: Norms and Counter Norms in the 'International Genetically Engineered Machine' (iGEM) Competition
– David Mercer
2013 - 2014
Annual Tony Blackshield Lecture
Demosprudence versus Jurisprudence: The Indian Judicial Experience in the Context of Comparative Constitutional Studies
Complexity, Confusion and the Multifaceted Legal Roles of the International Freight Forwarder
Protecting the Right to be a 'Bigot' in the Wake of the 'Apology to Australia's Indigenous Peoples'Francesca Dominello
Into the Shadows: Shadow Banking and the Prudential Regulation of Litigation Funders Timothy Lou
Victim Participation and Minorities: Ethnic Vietnamese Civil Parties at the Extraordinary Chambers in the Courts of Cambodia
Lyma Nguyen and Christoph Sperfeldt
Internationalisation and Intercultural Skills: Using Role Play Simulations to Build Bridges of Tolerance and Understanding Sophie Riley and Grace Li
'Domestic Promises' and the Division of Farming Property in AustraliaMalcolm Voyce
An Opt-In Approach to Regulating the Employment Decisions of Religious SchoolsGreg Walsh
A Forgotten Freedom: Protecting Freedom of Speech in an Age of Political Correctness Augusto Zimmermann and Lorraine Finlay
Book Review: The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa's Basic Law Denise Meyerson
Volume 13, 2014
Transitional Justice and Historiography: Challenges, Dilemmas and Possibilities
Law, Memory and Amnesty in Spain
What are the Pillars of Transitional Justice? The United Nations, Civil Society and the Justice Cascade in Burundi Wendy Lambourne
Transitional Justice in Libya: Between Current Challenges and Future Prospects Kamal M Showaia
'They Took our Flag!' Why Decision-makers in Northern Ireland Should View Mnemonic Emblems as 'Cultural Easement' in International Law
Human Dignity and Freedom of Speech in the Post-Apartheid State Spencer Wolff
Can the Bolivarian Experiment Implement Transitional Justice in Venezuela? Rodrigo Acuña and Estela Valverde
Transitional Justice and State Crime Jennifer Balint
Book Review: The Milosevic Trial - An Autopsy Peter Radan
Case Note: Kiobel v Royal Dutch Shell - A Challenge for Transitional Justice Jonathan Kolieb
Volume 12, 2013
Annual Tony Blackshield Lecture
The Legal Legacy of the War on Terror
Postscript: Tony Blackshield as a Teacher and Author
The Struggle for Judicial Independence: The Amotion and Suspension of Supreme Court Judges in Nineteenth Century Australia
Is There a Future for the Kimberley Process Certification Scheme for Conflict Diamonds?
Brothers in Arms Control: Introducing Australian-Style Gun Control in the United States
A Sometimes Dangerous Convergence: Refugee Law, Human Rights Law and the Meaning of 'Effective Protection'
Piracy and Universal Jurisdiction
Animal Welfare under the Shari'a
Volume 11, 2013
Inaugural Tony Blackshield Lecture
A R Blackshield and Realism in Australian Constitutional Law
The Hon Michael Kirby
Animals and the Law: Theory, Policy and Regulation
Where the Wild Things Are (Or Should Be): Rawls' Contractarian Theory of Justice and Non-Human Animal Rights
Bearing the Burden: Shifting Responsibility for the Welfare of the Beast
Beefing Up the Standard: The Ramifications of Australia's Regulation of Live Export and Suggestions for Reform
Katrina J Craig
Live Export and the WTO: Considering the Exporter Supply Chain Assurance System
Unintended Consequences: Rights to Fish and the Ownership of Wild Fish
Law and the Question of the Animal: A Critical Jurisprudence
2010 - 2012
Double Jeopardy? Team Teaching in a Law School Elective
Alison Cleland and Khylee Quince
Keeping Mum: Suppression and Stays in the Rinehart Family Dispute
Petroleum and Mineral Resource Rent Taxes: Could these Taxation Principles have a Wider Application?
Refining Consultants' Evidence: Deciding the Best Interests of the Child
Political Protections of Fundamental Rights as a Means of Mitigating the Weaknesses of Legal Protections
Goddard Elliott v Fritsch  VSC 87
Public Service Association of South Australia Inc v Industrial Relations Commission of South Australia  HCA 25
National Federation of Independent Business v Sibelius, Secretary of Health and Human Services 567 US___, 132 S Ct 2566, 183 L Ed 450 (2012)
2006 - 2009
Law, Religion and Social Inclusion
Law, Human Rights and Religion - of Genocide, Sexuality and Apostasy
Laicitee on the Edge in France: Between the Theory of Church-State Separation and the Praxis of State-Church Confusion
Beneath the Veil: Muslim Girls and the Islamic Headscarf in Secular France
Margaret Thornton and Trish Luker
The Spectral Ground: Religious Belief Discrimination
Towards a Responsive Law Paradigm for Faith Work
Vijaya Nagarajan and Niloufer Selvadurai
Regulation Reconceived: A Place at the Table
From 'Command-and-Control' to 'Open Method Coordination': Theorising the Practice of Regulatory Agencies
Reconceiving Labour Law: The Labour Market Regulation Project
Reconceiving Regulation: Financial Literacy
Re-Conceptualizing Regulation, Responsibility and Law
Globalisation and Consumer Protection Laws
Reconceiving the Regulation of the Franchise Sector
The Mandatory Reporting Debate
The Standing of Civil Society to Enforce Commonwealth Environmental Law under Section 475 of the Environment Protection and Biodiversity Conservation Act and its International Implications: The Japanese Whaling Case and the Law of Unintended Consequences
Distracting the Masses: Corporate Convictions and the Legitimisation of Neo-Liberalism
Shawkat Alam, Natalie Klein and Juliette Overland
Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order
Removing Market Distortions: A Prerequisite for Sustainable Development
Michael Jeffery QC
Environmental Imperatives in a Globalised World: The Ecological Impact of Liberalising Trade
Globalisation, Sustainable Development and the Common Concern of Humankind
Transforming Foreign Investment: Globalisation, The Environment, and A Climate of Controversy
Ross Buckley and Amberlee Small
Leveraging Australia's Debt Relief to the Philippines through Debt-for-Investment Projects
Mona L Hymel
Globalisation, Environmental Justice, and Sustainable Development: The Case of Oil
Geographical Indications, the EU and Australia: A Case Study on 'Government at a Distance' through Intellectual Property Rights
Islamic Concept of Social Justice: Its Possible Contribution to Ensuring Harmony and Peaceful Coexistence in a Globalised World Download PDF
Katherine Biber and Nicole Graham
Customs in Common: Law, Culture, Memory
Reviving Indigenous Sovereignty?
Chris Cunneen, Megan Davis, Hamar Foster, Alison Holland, Marcia Langton, Paul Patton, Alexander Reilly and Nicole Watson
Responses to Henry Reynolds
How Mabo Helps Us Forget
Scales of Coexistence: Tackling the Tension Between Legal and Cultural Landscapes in Post-Mabo Australia
Alternative Intellectual Property?: Indigenous Protocols, Copyleft and New Juridifications of Customary Practices
Derrida and the Culture Debate: Autoimmunity, Law and Decision
Custom and Tradition: Innovation and Invention
Customs in Common: The Old Emperor's Clothes
Customs Not in Common: Cultural Relativism and Customary Law Recognition in Australia
Diane Austin-Broos, Adrian Carton, Archana Parashar, Simon Rice, Irene Watson and Nicole Watson
Responses to Peter Sutton
2003 - 2005
Law and Exclusion
Exclusion and the Identity of Law
Cubillo v Commonwealth: Classifying Text and the Violence of Exclusion
Denial, Modernity and Exclusion: Indigenous Placelessness in Australia
Contractualism, Exclusion and 'Madness' in Australia's 'Outsourced Wastelands'
Critical Reflections upon Australia's Royal Commission into Aboriginal Deaths in Custody
Nicola Howell and Therese Wilson
Access to Consumer Credit: the Problem of Financial Exclusion in Australia and the Current Regulatory Framework
Caroline Hunter, Judy Nixon and Michele Slatter
Neighbours Behaving Badly: Anti-social Behaviour, Property Rights and Exclusion in England and Australia
An Inherently Exclusionary Regime: Heritage Law - the South Australian Experience
Using Anti-discrimination Law as a Tool of Exclusion: a Critical Analysis of the Disability Discrimination Act 1992 and Purvis v NSW
Liam Burgess and Leah Friedman
A Mistake Built on Mistakes: the Exclusion of Individuals under International Law
Kel Robertson with Jessie Hohmann and Iain Stewart
Dictating to One of 'Us': the Migration of Mrs Freer
Australian Criminal Justice
The Rule of Law and the Separation of Powers
Caroline Morris and Ryan Malone
Regulations review in the the New Zealand Parliament
Constitutional Scrutiny of Executive Bills
Geoff Airo-Farulla and Steven White
Separation of Powers, 'Traditional' Administration and Responsive Regulation
Is Judicial Dissent Constitutionally Protected?
Advisory Opinions, The Rule of Law and the Separation of Powers
The Rule of Law and the Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule of Law
The Principle of Legality in South African Administrative Law
Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'The Rule of Law'
Aleksandar Pavkovic and Peter Radan
In Pursuit of Sovereignty and Self-Determination: Peoples, States and Secession in the International Order
Peoples and Political Obligation
Self-Determination, International Society and World Order
Realisation of National Minority Rights
Secession, Majority Rule and Equal Rights: A Few Questions
Western Australian Secessionist Movement
Quebec's Boundaries in the Event of Secession
Joshua Castellino and Jeremie Gilberté
Self-Determination, Indigenous Peoples and Minorities
Karen Knop, Diversity and Self-Determination in International Law (2002)
Reviewers: Hurst Hannum, Robert Hayden, Wendy Lacey
Response: Karen Knop
2001 - 2002
Seeds, Weeds and Greed: An Analysis of the Gene Technology Act 2000 (Cth), its Effect on Property Rights, and the Legal and Policy Dimensions of a Constitutional Challenge
Dianne Nicol, Donald Chalmers and Brendan Gogarty
Regulating Biomedial Advances: Embryonic Stem Cell Research
Genetic Testing in Employment: A New Frontier for Discrimination
Protecting Genetic Privacy in the Research Context: Where to From Here?
David Weisbrot, George Spiteri and Gabrielle Carney
Australian Inquiry into the Protection of Human Genetic Information
DNA Evidence in Criminal Appeals and Post-Conviction Inquiries
Arguments against people legally owning their own bodies, body parts and tissue
Genetically Modified Foods - Hopes and Fears
Death by Law? The Presistent Vegetative State in NSW
The Politics of Justice and Human Rights
Aaron Illya Kloczko
Errors, Medicine and the Law
Hon Justice Michael Kirby
Law at Century's End - A Millennial View from the High Court of Australia
On the Possibility of Impartiality in Decision-Making
Barbara Hocking and Laura Manville
What of the Right to Silence: Still Supporting The Presumption of Innocence, or a Growing Legal Fiction?
The Corporate Image - The Regulation of Annual Reports in Australia
Colonial Contracts and Expectation Damages: Girard v Biddulph, New South Wales Supreme Court, 1834
Belinda Baker and Desmond Manderson Counsel's Immunity: The High Court's Decision in Boland v Yates
Jeff Shaw and Jeff Smith
Choosing Life: The Drug Summit and Beyond
Remedies for Unfair Dismissal under the Workplace Relations Act 1996 - A Fair Go All Round?
Justice for People with Disabilities
Tort Liability of Public Authorities
Australian Journal of Environmental Law
The Australian Journal of Environmental Law (AJEL) contains a variety of articles and book reviews together with relevant case and legislative commentary.
AJEL will stand apart from other environmental law journals through its emphasis upon analysis of comparative environmental law issues at international, regional and local levels.
AJEL is a double-blind refereed journal incorporating a high standard of peer-reviewed academic works. The editorial board is made up of 12 distinguished experts in the field of international environmental law from 11 different countries.
The Journal is supported by its patron, the Honourable Justice Paul Stein, AM formerly of the NSW Court of Appeal and the NSW Land and Environment Court.
Eric L Windholz
Housing Built Upon Sand: Advancing Managed Retreat in New Zealand
Seeing REDD: Carbon Forest Programmes and Indigenous Rights
Arpeeta Shams Mizan
Australian Journal of Environmental Law: Volume 2, 2015
Zara J. Bending
Benjamin J. Richardson
Reclaiming Nature: Eco-Restoration of Liminal Spaces
Dr Laura Horn
Paul Martin and Neil Gunningham
Volume 9, Issue 2
Abdullah Al Arif and Md. Ershadul Karim
Nicholas R. Goldstein
Volume 9, Issue 1
Volume 8, Issue 2
Tony George Puthucherrill
Volume 8, Issue 1
Peter Boulot and Helen Sungaila
Rowena Maguire and Bridget Lewis
Patron and Editorial Board
The Hon Justice Paul Stein AM
Formerly NSW Court of Appeal
- Prof. Nicholas A Robinson, Pace University, White Plains NY
- Prof. Dr. Bharat H. Desai, Jawaharlal Nehru University, New Delhi, India
- Prof. Koh Kheng Lian, National University of Singapore
- Prof. Antonio Herman Benjamin, Director, Brazilian Env Law & Policy School, Law for a Green Planet Institute, Sao Paulo, Brazil
- Prof. John Bonine, University of Oregon, Eugene, Oregon
- Prof. Dr. Sunee Mallikamarl, Faculty of Law, Ramkhamhaeng University, Thailand
- James Cameron, Co-founder and Head of Climate Change, Policy Advisory and Chairman of Advisory board to Climate Change Capitol, Consultant, Baker & Mackenzie
- Prof. Charles O. Okidi, Nairobi University, Nairobi, Kenya
- Prof. Dr. Klaus Bosselmann, University of Auckland, New Zealand
- Prof. Jose Juan Gonzalez, Universidad Metropolitana de Mexico, Mexico City, Mexico
- Prof. David VanderZwaag, Dalhousie University, Halifax, NS Canada
- Prof. Dr. Wang XI, Shanghai Jiaotong University, Shanghai, China
Information for authors
- Contributions are sought from a wide range of authors, including academics, leading practitioners, students and those working in government or non-governmental organisations. If you wish to contribute, please contact the editors at firstname.lastname@example.org.
- Contributions should be submitted in typewritten form using Word 1997 or later. Articles should be saved in '.doc' or '.docx' format. A template for contributions can be found here.
- Contributions should follow the Australian Guide to Legal Citation 3rd Edition which can be viewed on the MULR website at: law.unimelb.edu.au/mulr.
- Articles should be between 7,000 and 10,000 words in length. Shorter papers should be between 3,000 and 5,000 words in length. Case notes, reports on recent developments and book reviews should be approximately 1,500 words in length.
- Manuscripts must include an abstract (of approximately 200 words) on a separate page together with a 200 word biography in relation to the author(s).
- Submissions should not currently be under consideration for publication elsewhere, or have been substantially published in any other publication.
- All articles appearing in the journal are refereed. The process of refereeing usually takes between 4 and 6 weeks. Authors will be notified as soon as possible of the decision of the Editorial Committee regarding publication.
- Although articles will be subject to a rigorous editing process, the accuracy of quotations, titles, names, dates and footnotes is the responsibility of the author.
- Copyright of articles and other contributions published in the Australian Journal of Environmental Law is vested in the journal and its contributors. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Inquiries should be directed to the Editors.
The Journal is available on direct subscription. Please send the completed subscription form to:
Building W3A, Level 5, Room 530
Macquarie Law School
Macquarie University NSW 2109
Contact the Editors
Questions about the journal should be directed to:
Phone: + 61 (2) 9850 7863
Fax: + 61 (2) 9850 7686
Legal History (formerly the Australian Journal of Legal History) is dedicated to publishing high quality research by those scholars from different disciplinary backgrounds who are interested in the dynamic relationship between law and history. The journal is edited by Professor Andrew Buck and is published by Australian Scholarly Publishing.
The Law School has significant research strength in the areas of environmental law, encompassing both its international and domestic application, and the broad discipline of international law generally. Its research concentrations also extend to the broad field of public law, with a specific focus on issues of legal governance and regulatory frameworks in a globalized context, philosophical and theoretical approaches to human rights and ethical challenges, and mechanisms for enhancing access to justice and equality. In the private law area, research focuses on the law of obligations governing the interactions of individuals and entities in a range of social and economic contexts.
Our researchers and academics are at the forefront of legal research and development; engaging with other researchers nationally and internationally, as well as with government, the profession, industry stakeholders, and community groups. These efforts directly benefit our students, permitting them insights into cutting-edge thinking throughout their studies and enhancing their abilities to think critically about the law's interpretation and application.