Our research

Our research

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.

Research strengths

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.

Environmental law 

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.

International law

Research leaders: Professor Rafiqul Islam and Professosr Natalie Klein

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.

Private law

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.

Research centres

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.

Visit the Centre for Environmental Law website.

Recent research activity

Publications

  • 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)

Conferences presentations

  • 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)

External grants

  • 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).

Research engagements

  • 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.

Professors 

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.

Professor M. Rafiqul Islam

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.

Professor Natalie Klein

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

Emeritus Professor Zada Lipman

BA (Hons) (Wits); LLB (SA); LLM (Qld)
Environmental Law, especially pollution law, planning law, climate change law, biodiversity and environmental impact assessment.

Professor Denise Meyerson

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.

Professor Brian Opeskin

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.

Professor Peter Radan 

BA LLB PhD (Syd) DipEd (SCAE
Contracts, Equity & Trusts, Real Property, Self-determination/Secession.

Associate Professors

Professor Shawkat Alam 

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.

Associate Professor Carlos Bernal-Pulido

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.

Associate Professor Vijaya Nagarajan

BEc LLB (Macq) LLM (Monash) Grad Dip in Higher Education (UTS)
Regulation; Competition law; Commercial law; Legal education.

Associate Professor Archana Parashar

BSc LLM (Delhi) PhD (ANU)
Feminist legal theory; Discrimination law; Family law.

Associate Professor Niloufer Selvadurai

BA LLB (Hons) (Syd), Grad Dip Leg Prac (UTS), PhD (Macq)
Telecommunications law; Technology law; Intellectual property law.

Associate Professor Iain Stewart 

LLB (Hons) (Exeter), PhD (London)
Comparative law; constitutional law; theory of law.

Associate Professor Malcolm Voyce 

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.

Senior Lecturers 

Carolyn Adams

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.

Dr Kate Gleeson

Sex, gender, sexuality  and reproduction in law. Law and Politics. Law and public policy. 

Dr Margaret Kelly

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.

Therese MacDermott

BA (UQ); LLB (1st Class Hons. UQ) BCL (Oxon)
Labour law, labour mobility, anti- discrimination law, dispute resolution, gender equality and human rights.

George Tomossy

ARCT (Toronto), BSc (Toronto), LLB (McGill)
Health law and bioethics, research ethics and regulation, law and mental health, elder law, children and the law.

Lecturers

Dr Roy Baker

LLB (Hons) (Brunel), LLM (British Columbia), LLM (UNSW), PhD (UNSW)
Defamation, media law, journalism and the law, censorship, free speech, European law, international law.

Lise Barry

BA (Soc Sc) LLB (Hons I) (Macq)
Legal Ethics, Capacity, Substitute Decision Making, Elder Law, Alternative Dispute Resolution, Juvenile Justice, Restorative Justice, Human Rights

Francesca Dominello

BA LLB (Macq) LLM (UNSW)
Indigenous legal issues, family law, constitutional law, remedies, law and cultural studies.

Daniel Ghezelbash

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

Dr Joel Harrison

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.

Ilija Vickovich

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

Associate Lecturers 

Debra Ronan

BEd (Syd), DipTeach (STC), DipLaw (SAB), LLM (Syd)

Research grants/consultancies

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
    Amount: $300,000
    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
    Amount: $26,500
    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
    Amount: $116,000
    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

Carolyn ADAMS
Amira AFTAB
Badiiul ALAM
Jobair ALAM
Mudhafar AL-JBORI
Huda ALQASMI
Mahmoud ALSHREIFAT
Abdullah Al ARIF
Harold BAROI
Lise BARRY
Najnin BEGUM
Zara BENDING
Rodrigo CAMARENA-GONZALEZ
Tien DAT BUI
Emile CHIDIAC
Frances COLE
Kirsten DAVIES
Jennifer FARRELL
Catherine GREENTREE
Alessandra GUIDA
Peerapon JADEROJANANONT
Adam JOHNSON
Towhidul KARIM
Windu KISWORO
Nikolaos KOUTRAS
Jingyi LI
Lam LU
Caitriona McCABE
Tareq MAHMOOD
Rhys MANLEY
Abdul MANNAN
Sheik Noor MOHAMMAD
Danielle MOON
Atia NAZNIN
Hau NGUYEN
Giao NGUYEN
Uchechukwu NGWABA
Atiqur RAHMAN
Eugene SCHOFIELD-GEORGESON
Dora SHIPLEY
Nadira SULTANA
Lasa SUN
Ilija VICKOVICH
Yan Chi WEBSTER
Dewi WIDYASTUTI
Yujie ZHANG

Law journals

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

PATRONS

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

Previous editions

2013 - 2014
2014

Download Volume 14 PDF, 2014

Editor's note
Download PDF

Articles

Annual Tony Blackshield Lecture
Demosprudence versus Jurisprudence: The Indian Judicial Experience in the Context of Comparative Constitutional Studies
Upendra Baxi
Download PDF

Complexity, Confusion and the Multifaceted Legal Roles of the International Freight Forwarder
Peter Cain
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Protecting the Right to be a 'Bigot' in the Wake of the 'Apology to Australia's Indigenous Peoples'Francesca Dominello
Download PDF

Into the Shadows: Shadow Banking and the Prudential Regulation of Litigation Funders Timothy Lou
Download PDF

Victim Participation and Minorities: Ethnic Vietnamese Civil Parties at the Extraordinary Chambers in the Courts of Cambodia
Lyma Nguyen and Christoph Sperfeldt
Download PDF

Internationalisation and Intercultural Skills: Using Role Play Simulations to Build Bridges of Tolerance and Understanding Sophie Riley and Grace Li
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'Domestic Promises' and the Division of Farming Property in AustraliaMalcolm Voyce
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An Opt-In Approach to Regulating the Employment Decisions of Religious SchoolsGreg Walsh
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A Forgotten Freedom: Protecting Freedom of Speech in an Age of Political Correctness Augusto Zimmermann and Lorraine Finlay
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Book Review: The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa's Basic Law Denise Meyerson
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Contributors
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Volume 13, 2014

Download Volume 13 PDF, 2014

Editor's note
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Articles

Transitional Justice and Historiography: Challenges, Dilemmas and Possibilities
Berber Bevernage
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Law, Memory and Amnesty in Spain
Michael Humphrey
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What are the Pillars of Transitional Justice? The United Nations, Civil Society and the Justice Cascade in Burundi Wendy Lambourne
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Transitional Justice in Libya: Between Current Challenges and Future Prospects Kamal M Showaia
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'They Took our Flag!' Why Decision-makers in Northern Ireland Should View Mnemonic Emblems as 'Cultural Easement' in International Law
Alice Diver
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Human Dignity and Freedom of Speech in the Post-Apartheid State Spencer Wolff
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Can the Bolivarian Experiment Implement Transitional Justice in Venezuela? Rodrigo Acuña and Estela Valverde
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Transitional Justice and State Crime Jennifer Balint
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Book Review: The Milosevic Trial - An Autopsy Peter Radan
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Case Note: Kiobel v Royal Dutch Shell - A Challenge for Transitional Justice Jonathan Kolieb
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Contributors
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2013
Volume 12, 2013

Download Volume 12 PDF, 2013

Articles

Annual Tony Blackshield Lecture

The Legal Legacy of the War on Terror
Postscript: Tony Blackshield as a Teacher and Author
George Williams
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The Struggle for Judicial Independence: The Amotion and Suspension of Supreme Court Judges in Nineteenth Century Australia
David Clark
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Is There a Future for the Kimberley Process Certification Scheme for Conflict Diamonds?
Holly Cullen
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Brothers in Arms Control: Introducing Australian-Style Gun Control in the United States
Lauren Hirsh
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A Sometimes Dangerous Convergence: Refugee Law, Human Rights Law and the Meaning of 'Effective Protection'
Kate Ogg
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Piracy and Universal Jurisdiction
Tamsin Paige
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Animal Welfare under the Shari'a
Asmi Wood
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Volume 11, 2013

Download Volume 11 PDF, 2013

Articles

Inaugural Tony Blackshield Lecture
A R Blackshield and Realism in Australian Constitutional Law
The Hon Michael Kirby
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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
Tess Vickery
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Bearing the Burden: Shifting Responsibility for the Welfare of the Beast
Elizabeth Ellis
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Beefing Up the Standard: The Ramifications of Australia's Regulation of Live Export and Suggestions for Reform
Katrina J Craig
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Live Export and the WTO: Considering the Exporter Supply Chain Assurance System
Celeste Black
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Unintended Consequences: Rights to Fish and the Ownership of Wild Fish
George Kailis
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Causing Death by Dangerous Dog: Victoria's New Offences for Failing to Control Prescribed Dogs
Patrick Leader-Elliott
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Book review

Law and the Question of the Animal: A Critical Jurisprudence
Erika Techera
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2010 - 2012
2012

Download Volume 10 PDF, 2012

Articles

Double Jeopardy?  Team Teaching in a Law School Elective
Alison Cleland and Khylee Quince
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Keeping Mum: Suppression and Stays in the Rinehart Family Dispute
Miiko Kumar
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Petroleum and Mineral Resource Rent Taxes: Could these Taxation Principles have a Wider Application?
John McLaren
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Refining Consultants' Evidence: Deciding the Best Interests of the Child
Liam Meagher
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Political Protections of Fundamental Rights as a Means of Mitigating the Weaknesses of Legal Protections
Lara Pratt
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Case notes

Goddard Elliott v Fritsch [2012] VSC 87
Lise Barry
Download PDF

Public Service Association of South Australia Inc v Industrial Relations Commission of South Australia [2012] HCA 25  
Nicholas Lennings
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National Federation of Independent Business v Sibelius, Secretary of Health and Human Services 567 US___, 132 S Ct 2566, 183 L Ed 450 (2012) 
Harry Melkonian
Download PDF

2011

Download Volume 11 [PDF]

2010

Download Volume 10 [PDF]

2006 - 2009
2009

Editor's note

Archana Parashar
Law, Religion and Social Inclusion
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Articles

Michael Kirby
Law, Human Rights and Religion - of Genocide, Sexuality and Apostasy
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Raphael Liogier
Laicitee on the Edge in France: Between the Theory of Church-State Separation and the Praxis of State-Church Confusion
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Nicky Jones
Beneath the Veil: Muslim Girls and the Islamic Headscarf in Secular France
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Margaret Thornton and Trish Luker
The Spectral Ground: Religious Belief Discrimination
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Ilija Vickovich
Towards a Responsive Law Paradigm for Faith Work
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2008

Editor's note

Vijaya Nagarajan and Niloufer Selvadurai
Regulation Reconceived: A Place at the Table
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Articles

Vijaya Nagarajan
From 'Command-and-Control' to 'Open Method Coordination': Theorising the Practice of Regulatory Agencies
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Andrew Frazer
Reconceiving Labour Law: The Labour Market Regulation Project
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Gail Pearson
Reconceiving Regulation: Financial Literacy
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Archana Parashar
Re-Conceptualizing Regulation, Responsibility and Law
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John Goldring
Globalisation and Consumer Protection Laws
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Elizabeth Spencer
Reconceiving the Regulation of the Franchise Sector
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Alexia Takis
The Mandatory Reporting Debate
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David Leary
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
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Nick James
Distracting the Masses: Corporate Convictions and the Legitimisation of Neo-Liberalism
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2007

Editor's note

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
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Articles

Jean-Philippe Barde 
Removing Market Distortions: A Prerequisite for Sustainable Development
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Michael Jeffery QC 
Environmental Imperatives in a Globalised World: The Ecological Impact of Liberalising Trade
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Laura Horn 
Globalisation, Sustainable Development and the Common Concern of Humankind
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Kate Miles 
Transforming Foreign Investment: Globalisation, The Environment, and A Climate of Controversy
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Ross Buckley and Amberlee Small 
Leveraging Australia's Debt Relief to the Philippines through Debt-for-Investment Projects
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Mona L Hymel
Globalisation, Environmental Justice, and Sustainable Development: The Case of Oil
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Malcolm Voyce 
Geographical Indications, the EU and Australia: A Case Study on 'Government at a Distance' through Intellectual Property Rights
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Samiul Hasan 
Islamic Concept of Social Justice: Its Possible Contribution to Ensuring Harmony and Peaceful Coexistence in a Globalised World Download PDF

2006

Editor's note

Katherine Biber and Nicole Graham
Customs in Common: Law, Culture, Memory
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Forum

Henry Reynolds
Reviving Indigenous Sovereignty?
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Chris Cunneen, Megan Davis, Hamar Foster, Alison Holland, Marcia Langton, Paul Patton, Alexander Reilly and Nicole Watson
Responses to Henry Reynolds
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Articles

Alexander Reilly
How Mabo Helps Us Forget
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Richie Howitt
Scales of Coexistence: Tackling the Tension Between Legal and Cultural Landscapes in Post-Mabo Australia
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Kathy Bowrey
Alternative Intellectual Property?: Indigenous Protocols, Copyleft and New Juridifications of Customary Practices
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Nick Mansfield
Derrida and the Culture Debate: Autoimmunity, Law and Decision
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Bruce Rigsby
Custom and Tradition: Innovation and Invention
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Iain Stewart
Customs in Common: The Old Emperor's Clothes
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Forum

Peter Sutton
Customs Not in Common: Cultural Relativism and Customary Law Recognition in Australia
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Diane Austin-Broos, Adrian Carton, Archana Parashar, Simon Rice, Irene Watson and Nicole Watson
Responses to Peter Sutton
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2003 - 2005
2005

Introduction

Iain Stewart
Law and Exclusion
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Articles

Margaret Davies
Exclusion and the Identity of Law
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Alisoun Neville
Cubillo v Commonwealth: Classifying Text and the Violence of Exclusion
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Paul Havemann
Denial, Modernity and Exclusion: Indigenous Placelessness in Australia
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Lynda Crowley-Cyr
Contractualism, Exclusion and 'Madness' in Australia's 'Outsourced Wastelands'
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Elena Marchetti
Critical Reflections upon Australia's Royal Commission into Aboriginal Deaths in Custody
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Nicola Howell and Therese Wilson
Access to Consumer Credit: the Problem of Financial Exclusion in Australia and the Current Regulatory Framework
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Caroline Hunter, Judy Nixon and Michele Slatter
Neighbours Behaving Badly: Anti-social Behaviour, Property Rights and Exclusion in England and Australia
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Lesley-Anne Petrie
An Inherently Exclusionary Regime: Heritage Law - the South Australian Experience
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Jacob Campbell
Using Anti-discrimination Law as a Tool of Exclusion: a Critical Analysis of the Disability Discrimination Act 1992 and Purvis v NSW
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Liam Burgess and Leah Friedman
A Mistake Built on Mistakes: the Exclusion of Individuals under International Law
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Kel Robertson with Jessie Hohmann and Iain Stewart
Dictating to One of 'Us': the Migration of Mrs Freer
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Book review

Russell Hogg
Australian Criminal Justice
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2004

Introduction

Denise Meyerson
The Rule of Law and the Separation of Powers
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Articles

Caroline Morris and Ryan Malone
Regulations review in the the New Zealand Parliament
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Dawn Oliver
Constitutional Scrutiny of Executive Bills
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Geoff Airo-Farulla and Steven White
Separation of Powers, 'Traditional' Administration and Responsive Regulation
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Andrew Lynch
Is Judicial Dissent Constitutionally Protected?
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Helen Irving
Advisory Opinions, The Rule of Law and the Separation of Powers
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Cameron Stewart
The Rule of Law and the Tinkerbell Effect: Theoretical Considerations, Criticisms and Justifications for the Rule of Law
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Cora Hoexter
The Principle of Legality in South African Administrative Law
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Iain Stewart
Men of Class: Aristotle, Montesquieu and Dicey on 'Separation of Powers' and 'The Rule of Law'
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2003

Introduction

Aleksandar Pavkovic and Peter Radan
In Pursuit of Sovereignty and Self-Determination: Peoples, States and Secession in the International Order
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Articles

Robert Ewin
Peoples and Political Obligation
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Martin Griffiths
Self-Determination, International Society and World Order
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Kirsten Porter
Realisation of National Minority Rights
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Aleksandar Pavkovic
Secession, Majority Rule and Equal Rights: A Few Questions
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Thomas Musgrave
Western Australian Secessionist Movement
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Suzanne Lalonde
Quebec's Boundaries in the Event of Secession
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Joshua Castellino and Jeremie Gilberté
Self-Determination, Indigenous Peoples and Minorities
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Book forum

Karen Knop, Diversity and Self-Determination in International Law (2002)
Reviewers: Hurst Hannum, Robert Hayden, Wendy Lacey
Response: Karen Knop
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2001 - 2002
2002

Articles

Nicole Rogers
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
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Dianne Nicol, Donald Chalmers and Brendan Gogarty
Regulating Biomedial Advances: Embryonic Stem Cell Research
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Anne Mainsbridge
Genetic Testing in Employment: A New Frontier for Discrimination
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Margaret Otlowski
Protecting Genetic Privacy in the Research Context: Where to From Here?
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David Weisbrot, George Spiteri and Gabrielle Carney
Australian Inquiry into the Protection of Human Genetic Information
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Gregor Urbas
DNA Evidence in Criminal Appeals and Post-Conviction Inquiries
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Loane Skene
Arguments against people legally owning their own bodies, body parts and tissue
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Forum

Stewart Truswell
Genetically Modified Foods - Hopes and Fears
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Case comment

Ellen Geraghty
Death by Law? The Presistent Vegetative State in NSW
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Book review

Helen Stacy
The Politics of Justice and Human Rights
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Aaron Illya Kloczko
Errors, Medicine and the Law
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2001

Articles

Hon Justice Michael Kirby
Law at Century's End - A Millennial View from the High Court of Australia
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John Touchie
On the Possibility of Impartiality in Decision-Making
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Barbara Hocking and Laura Manville
What of the Right to Silence: Still Supporting The Presumption of Innocence, or a Growing Legal Fiction?
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Rob McQueen
The Corporate Image - The Regulation of Annual Reports in Australia
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Case comment

Bruce Kercher
Colonial Contracts and Expectation Damages: Girard v Biddulph, New South Wales Supreme Court, 1834
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Belinda Baker and Desmond Manderson Counsel's Immunity: The High Court's Decision in Boland v Yates
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Legislative comment

Jeff Shaw and Jeff Smith
Choosing Life: The Drug Summit and Beyond
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Legislative review

Karen Wheelwright
Remedies for Unfair Dismissal under the Workplace Relations Act 1996 - A Fair Go All Round?
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Book Reviews

Terry Carney
Justice for People with Disabilities
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Barbara Hocking
Tort Liability of Public Authorities
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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.

Previous issues

2014 
Volume 1

Australian Journal of Environmental Law: Volume 1, 2014

Paul Martin and Neil Gunningham

Improving Governance Arrangements for Sustainable Agriculture: Groundwater as an Illustration 

Sally-Ann Joseph

The Polluter Pays Principles and Land Remediation: A Comparison of the United Kingdom and Australian Approaches

Jane Anstee-Wedderburn

Giving a Voice to Future Generations: Intergenerational Equity, Representation of Generations to Come, and the Challenge of Planetary Rights 

Gerry Nagtzaam

Righting the Ship? Australia, New Zealand and Japan at the ICJ and the Barbed Issue of 'Scientific Whaling'

2013
Volume 9, Issue 2

Noeleen McNamara

Corporate Social Responsibility and Compliance: Transnational Mining Corporations in Tanzania 

Abdullah Al Arif and Md. Ershadul Karim

Marine Pollution and the South Asian Coastal States 

Lana Kovac

Ocean Fertilisation - What Next? 

Nicholas R. Goldstein

Indigenous Rights in National Parks: The United States, Canada, and Australia Compared

Volume 9, Issue 1

Simon Marsden

Protecting sub-Antarctica Via the World Heritage Convention: Recommendations for Improved Domestic and Transboundary Governance in Australasia 

Laura Horn

Rio+20 United Nations Conference on Sustainable Development: Is this the Future We Want? 

Vanessa Ritzinger

Designing an Emissions Trading Scheme to Encourage the Reduction of Greenhouse Gas Emissions: A Comparison of Australian and European Experiences 

Sommer Jenkins

Genetic Engineering and Seed Banks: Impacts on Global Crop Diversity 

Pradip Royhan

Environmental Requirements in the WTO: Developmental Challenges of the Least Developed Countries with a Particular Reference to Bangladesh

2012
Volume 8, Issue 2

Robert Stokes

Defining the Ideology of Public Participation: 'Democracy', 'Devolution', 'Deliberation', 'Dispute Resolution' and a New System for Identifying Public Participation in Planning Law 

Bruce Thorn

Climate Change, Coastal Hazards and the Public Trust Doctrine 

Tony George Puthucherrill

International Law on Climate Change Adaption: Has the Time Come for a New Protocol? 

Jacquie Zalcberg

The World Bank Inspection Panel: A Tool for Ensuring the World Bank's Compliance with International Law?

Volume 8, Issue 1

Peter Boulot and Helen Sungaila

A New Legal Paradigm: Towards a Jurisprudence Based on Ecological Sovereignty 

Rowena Maguire and Bridget Lewis

The Influence of Justice Theories on International Climate Policies and Measures 

Bridget Lewis

Environmental Rights or a Right to the Environment? Exploring the Nexus between Human Rights and Environmental Protection

Charu Sharma

Remedies for Environmental Harm: Dharmic Duty and Tort Liability in India - Is there a Common Ground? 

Susan Shearing

Reforming Australia's National Heritage Law Framework

Patron and Editorial Board

Patron

The Hon Justice Paul Stein AM
Formerly NSW Court of Appeal

Editorial Board
  • 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 arts.mqjicel@mq.edu.au.
  • 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.

Subscriptions

The Journal is available on direct subscription. Please send the completed subscription form to:

Administrative Officer
Building W3A, Level 5, Room 530
Macquarie Law School 
Macquarie University NSW 2109
Australia

Email: lawadmin@mq.edu.au

Contact the Editors

Questions about the journal should be directed to:

Paul Govind
Phone: + 61 (2) 9850 7863
Fax: + 61 (2) 9850 7686
Email: paul.govind@mq.edu.au

Legal History

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.

Specialist research

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.

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