Law Journals

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


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

Current edition

Volume 15, 2015

Synthetic Biology: Legal, Social and Ethical Challenges to its Regulations and Governance

View Volume 15 as a single document [PDF]

Editor's Note
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Macquarie University Workshop on Ethical, Legal and Social Issues
Raised by Synthetic Biology

Sonia Allan
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The Synthetic Yeast Project as a Topic for Social Scientific Investigation

Jane Calvert and Emma Frow
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Ethical Issues in Synthetic Biology: A Commentary

Wendy Rogers
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Synthetic Biology: Ethics, Exceptionalism and Expectations

Ainsley Newson
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Synthetic Biology and the Responsible Conduct of Research

Karolyn White and Subramanyam Vemulpad
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Regulatory Challenges of Synthetic Biology Trials and Other Highly
Innovative Investigational Products

Lisa Eckstein
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'iDentity' and Governance in Synthetic Biology: Norms and Counter Norms
in the 'International Genetically Engineered Machine' (iGEM) Competition

David Mercer
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Case Note

Isolating the Patentability of Genetic Materials: The D'Arcy v Myriad Genetics Saga

Valiant Warzecha
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Previous editions

2006 - 2014


Download Volume 14 [PDF] 


Download Volume 13 [PDF]


Download Volume 12 [PDF]


Download Volume 11 [PDF]


Download Volume 10 [PDF]


Editor's note
Archana Parashar
Law, Religion and Social Inclusion
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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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Editor's note

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

Editor's note

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


Iain Stewart
Law and Exclusion
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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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Denise Meyerson
The Rule of Law and the Separation of Powers
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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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Aleksandar Pavkovic and Peter Radan
In Pursuit of Sovereignty and Self-Determination: Peoples, States and Secession in the International Order
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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


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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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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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.

Latest issue

Download the latest issue: 2014 Volume 1(1)

Previous issues

Volume 1, Issue 1

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'

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

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


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
  • 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:
  • 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:

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


Contact the Editors

Questions about the journal should be directed to:

Paul Govind
Phone: + 61 (2) 9850 7863
Fax: + 61 (2) 9850 7686

Legal History

Legal History (formerly the Australian Journal of Legal History). 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.

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