Law Catalogue 2018 - Australia and New Zealand

LAW CATALOGUE 2018–2019

Contents NEW Constitutional, Administrative & Public Law Corporate & Commercial Law/Corporate Governance Criminal Law Cyber Law Dispute Resolution, Mediation and Arbitration Employment Law Energy Law Environmental Law NEW Equity & Trusts NEW Evidence Law European Law Family Law Health Law Human Rights Law Humanitarian Law/Law of Armed Conflict Intellectual Property NEW International Economic & Trade Law/WTO Law Introduction to Law Jurisprudence NEW Legal Skills & Practice NEW Private Law NEW Public International Law Property Law UN & International Organisations

Guide Published locally New titles available in this subject

Companion resources

NEW

VitalSource interactive eBook included

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Newly published titles

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While we have taken every care in preparing the information published in this catalogue, Cambridge University Press does not guarantee the accuracy of the content. All information in this catalogue is correct at the time of publication, but to ensure you have the most up-to-date details, please check our website at www.cambridge.org/academic.

Constitutional, Administrative & Public Law

NEW

Government Accountability

Australian Administrative Law, Second Edition Available October 2018

247 x 174 mm, 520 pp 9781316636695 | Paperback (also available as an eBook)

Judith Bannister, University of Adelaide Anna Olijnyk, University of Adelaide Stephen McDonald, University of Adelaide

The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms and operations that exist to remedy failures, with an emphasis on the overarching principle of accountability.

Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review and procedural fairness.

Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice.

Government Accountability provides readers with a concise introduction to the contexts, theory and application of admnistrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.

•

Thorough account of the administrative state and the mechanisms that exist to bring the state to account for its action

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Contextualises the theory and explanation of administrative law

•

Carefully chosen case studies and events that offer practical examples of the principles being discussed and how they are applied

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Contents 1. Introduction Part I. Administrative Decision-making 2. Organisation and structure of government 3. Administrative powers 4. Delegated legislation Part II. Public Accountability Mechanisms 5. Public investigatory bodies 6. Information disclosure Part III. Merits review 7. Review on the merits 8. Administrative review tribunals Part IV. Judicial Review 9. Introduction to judicial review 10. Limits on judicial review 11. Introduction to the ground of review 12. Procedural fairness 13. Determining the scope of a power 14. Improper exercise of power 15. Consequences of unlawful action This text is available in a value pack with Government Accountability – Australian Administrative Law, Sources and Materials.

The two texts have been designed to enhance reader engagement and support student learning: the principles text introduces important administrative law principles, and the sources and materials text provides contextualised case extracts and other materials to support the principles introduced. This provides students with a holistic approach to the content and contributes to a more authentic learning experience.

Constitutional, Administrative & Public Law

NEW

Government Accountability

Australian Administrative Law, Sources and Materials Available October 2018

247 x 174 mm, 468 pp 9781316643976 | Paperback (also available as an eBook)

Judith Bannister, University of Adelaide Anna Olijnyk, University of Adelaide

Government Accountability – Australian Administrative Law Sources and Materials is a companion text to the second edition of Government Accountability – Australian Administrative Law. The casebook follows the structure of the textbook and provides a sophisticated and indepth introduction to the principal areas of administrative law taught in Australia.

Extracts from primary materials – including cases, legislation and judicial review – have been carefully selected to provide readers with an understanding of the key principles of administrative law and demonstrate how these mechanisms operate in practice. Case extracts provide a clear account of the facts, issues and statutory provisions considered by the courts. They encourage readers to identify complexities in the law and develop an understanding of the process and principles of statutory interpretation. Extracts from secondary sources, including from parliamentary reports and publications by leading commentators in this field, further elucidate key concepts and controversies.

Written by experts with substantial teaching and research experience, Government Accountability – Australian Administrative Law Sources and Materials is an essential text that will equip students with the tools to think critically and successfully apply the law to practice.

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Provides contextualised case extracts and other materials to support the principles introduced in the companion textbook

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A holistic approach to the content contributes to a more authentic learning experience

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Demonstrates the process and principles of statutory interpretation

Contents 1. Introduction 2. Organisation and structure of government 3. Administrative powers 4. Delegated legislation 5. Public investigatory bodies 6. Information disclosure 7. Review on the merits 8. Administrative review tribunals 9. Introduction to judicial review 10. Limits on judicial review 11. Introduction to the grounds of review 12. Procedural fairness 13. Acting beyond the scope of a power 14. Improper exercise of power 15. Consequences of unlawful action This text is available in a value pack with Government Accountability – Australian Administrative Law, Second Edition.

The two texts have been designed to enhance reader engagement and support student learning: the principles text introduces important administrative law principles, and the sources and materials text provides contextualised case extracts and other materials to support the principles introduced.

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Constitutional, Administrative & Public Law

NEW

The Veiled Sceptre

Reserve Powers of Heads of State in Westminster Systems Available Now

2018, 228 x 152 mm, 912 pp 9781107056787 | Hardback (also available as an eBook)

Anne Twomey, University of Sydney

This book is a comprehensive review and analysis of the reserve powers and their exercise by heads of state (including vice-regal representatives) in countries that have Westminster systems. It addresses the powers of the Queen in the United Kingdom, and those of her vice-regal representatives in the older realms of Canada, Australia and New Zealand, and also those of heads of state and former colonies that are now republics in the less studied realms.

Drawing on a vast range of previously unpublished archival and primary material, including from the Royal Archives at Windsor Castle, The Veiled Sceptre contains fresh perspectives on old controversies. It also reveals large constitutional crises in small countries that have escaped the notice of most scholars. This book places the exercise of reserve powers within the context of constitutional principle and analyses how heads of state should act when constitutional principles conflict.

Providing an unrivalled contemporary analysis of reserve powers, this book will appeal to constitutional scholars worldwide, as well as to judges, public servants, politicians, lawyers and others involved in the administration of systems of responsible government.

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Provides a comprehensive review and analysis of reserve powers

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Draws on a range of previously unpublished archival and primary material

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Presents an unrivalled contemporary analysis

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Contents 1. Prerogative and Reserve Powers 2. Advice to and from the Head of State 3. Appointment of the Chief Minister 4. Dismissal of Governments 5. Dissolution 6. Caretaker Conventions 7. Summoning Parliament 8. Prorogation 9. Royal Assent 10. The Rejection of Advice to Act Illegally or Unconstitutionally 11. Appointment and Dismissal of Vice-Regal Officers

Constitutional, Administrative & Public Law

Constitutional, Administrative & Public Law

Available Now

Available Now

2017, 247 x 174 mm, 452 pp 9781107679795 | Paperback (also available as an eBook)

2014, 247 x 174 mm, 480 pp 9781107692190 | Paperback (also available as an eBook)

The Foundations of Australian Public Law

Modern Administrative Law in Australia Concepts and Context

State, Power, Accountability

Anthony J. Connolly, Australian National University

Edited by Matthew Groves, Monash University

In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. This is a key text for students looking to gain a comprehensive understanding of public law across Australia’s federal, state and territory jurisdictions.

Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law in Australia unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.

Contents

Contents

1. Introduction: What is Australian public law?

2. Constitution I: The history of the Australian state 3. Constitution II:The structure of the Australian state 4. Legitimation: Justifying state power 5. Legislation: Making valid law 6. Administration: Governing lawfully 7. Adjudication: Determining and applying law 8. Validation: Reviewing state action 9. Protection: Human rights and Australian public law 10. Direction: Future trends in Australian public law

Part I. The Structure and Themes of Administrative Law: 1.

Administrative law in the Australian environment; 2. Administrative law in Australia: Themes and values revisited; 3. The public/ private distinction and the reach of administrative law; 4. Human rights and judicial review: Two sides of the same coin?; 5. Security and fairness in Australian public law; 6. Statutory interpretation and administrative law; 7. Standing for environmental groups: Protecting public and privet interests; Part II. Judicial Review: 8.

The constitutional dimension; 9. Australia’s codification of judicial review: Has the legislative effort been worth it?; 10. The evolution and entrenchment of natural justice; 11. Holding government to its word: Legitimate expectations and estoppels in administrative law; 12. Jurisdictional error and beyond; 13. Privative clauses: Politics, legality and the constitutional dimension; Part III. Beyond the Courts: 14. The integrity branch: A ‘system’, and ‘industry’, or a sensible emerging fourth arm of the government?; 15. The Ombudsman; 16. Freedom of information: A new era with old tensions; 17. Privacy; 18. Tribunals and merits review; 19. ‘Fair is foul and foul is fair’: Migration tribunals and a fair hearing

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Constitutional, Administrative & Public Law

Corporate & Commercial Law/ Corporate Governance

Available Now

Available Now

2015, 228 x 152 mm, 700 pp 9780521759182 | Paperback (also available as an eBook)

2017, 247 x 174 mm, 656 pp 9781316628270 | Paperback (also available as an eBook)

The Constitution of the Commonwealth of Australia

Contemporary Australian Corporate Law

History, Principle and Interpretation Nicholas Aroney, University of Queensland Peter Gerangelos, University of Sydney Sarah Murray, University of Western Australia James Stellios, Australian National University The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It provides an engaging and distinctive treatment of this fundamental area of law. It is an excellent book for anyone seeking to understand the significance and interpretation of the Constitution.

Contents 1. The Constitution 2. The Parliament 3. Legislative power 4. Demarcations of power 5. Limits on power 6. The Executive 7. Executive power 8. The judicature 9. Judicial power 10. The States

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Stephen Bottomley, Australian National University Kath Hall, Australian National University Peta Spender, Australian National University Beth Nosworthy, University of Adelaide Contemporary Australian Corporate Law provides an authoritative, contextual and critical analysis of Australian corporate and financial markets law, designed to engage today’s LLB and JD student. Central concepts are enhanced with dynamic and relevant discussions of corporate law in context, including debates relating to the role of corporations in society, the global convergence of corporate law as well as corporations and human rights. Exploring the social, political and economic forces which shape modern corporations law, Contemporary Australian Corporate Law encourages a forward-thinking approach to understanding key concepts within this Priestley 11 subject.

Contents 1. Context, history and regulation 2. Corporate law theory and debates 3. The company as a separate legal entity 4. Formation and types of companies 5. The internal rules of a company 6. Corporate contracting 7. Decision-making, meetings and reporting 8. Corporate finance 9. Corporate fundraising 10. An overview of directors’ duties 11. Duty of care, skill and diligence 12. Duties of good faith 13. Conflicts of interest 14. Members’ rights and remedies 15. Receivership, schemes of arrangement and voluntary administration 16. Winding up and liquidation 17. Financial markets and financial services 18. Takeovers

Corporate & Commercial Law/ Corporate Governance

Principles of Contemporary Corporate Governance Fourth Edition Available Now

2018, 247 x 174 mm, 500 pp 9781108413022 | Paperback (also available as an eBook)

Jean Jacques du Plessis, Deakin University Anil Hargovan, University of New South Wales Jason Harris, University of Technology Sydney

Now in its fourth edition, Principles of Contemporary Corporate Governance offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance. It explains both the principles of corporate governance systems and their real-world application in an authoritative and engaging manner.

This fully revised and updated text comprises four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics. The coverage of international contexts, written by specialists, includes sections on the US, the UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new chapters on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues.

Principles of Contemporary Corporate Governance is an indispensable resource for business and law students studying corporate governance, and also for academic researchers and practitioners wanting a deeper understanding of its underlying principles.

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Provides relevant and contemporary coverage of corporate governance including case studies and emerging issues

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Written by Australian scholars who are experts in their field with country sections on the US, UK, NZ (new), Canada, South Africa, India (new), EU, OECD, Germany, Japan, China and Indonesia

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New chapter called Business Ethics and Corporate Governance to provide greater focus on ethics, CSR and business in society

Contents Part 1. Basic Concepts, Board Structures and Company Officers 1. The concepts if ‘corporate governance’ and ‘essential’ principles of corporate governance 2. Stakeholders in corporate governance and corporate social responsibility 3. Board functions and structures 4. Types of company directors and officers Part 2. Corporate Governance in Australia 5. Regulation of corporate governance 6. The role of the regulators: ASIC and the ASX 7. Accounting governance 8. Auditors and audits 9. Directors’ duties and liability 10. Enforcement of directors’ duties Part 3. Corporate Governance in International and Global Contexts 11. Corporate governance in the United States, the United Kingdom, Canada, South Africa and India 12. Corporate governance in the EU, the G20/OECD Principles of Corporate Governance, and corporate governance in Germany, Japan, China and Indonesia Part 4. Shareholder Activism and Business Ethics 13. Shareholder activism 14. Business Ethics and Corporate Governance

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Corporate & Commercial Law/ Corporate Governance

Criminal Law

Available Now

Available Now

2015, 247 x 174 mm, 544 pp 9781107674578 | Paperback (also available as an eBook)

2016, 247 x 174 mm, 544 pp 9781107565975 | Paperback (also available as an eBook)

Australian Commercial Law

Modern Criminal Law of Australia

Dilan Thampapillai, Australian National University Claudio Bozzi, Deakin University Vivi Tan, Victoria University Anne Matthew, Queensland University of Technology

Jeremy Gans, University of Melbourne

Australian Commercial Law offers a concise yet comprehensive introduction to commercial law in Australia. The textbook provides a thorough and detailed discussion of a variety of topics in commercial law such as agency, bailment, the sale of goods, the transfer of property and the Personal Property Securities Act. Australian Commercial Law is an indispensable resource for students who are seeking a comprehensive understanding of commercial law.

Contents 1. Personal property 2. Sale of goods 3. Transfer of property 4. Price and delivery 5. Agency law 6. Bailment 7. Personal Property Securities Act 8. Contracts of guarantee 9. Insurance 10. Product liability 11. The Australian Consumer Law 12. Unfair contract terms 13. Consumer guarantees 14. Unconscionable conduct 15. Misleading and deceptive conduct 16. Remedies under the ACL

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This second edition of Modern Criminal Law of Australia builds on the unique, award-winning approach, and retains the accessible structure and writing style, of the first edition. It emphasises the importance of statutory interpretation, official discretion, element analysis and sentencing in Australian law in order to appreciate the meaning and effect of offence provisions.

Modern Criminal Law of Australia satisfies the Priseley 11 requirement for Criminal Law and Procedure study in Australia.

Its insightful approach provides students and practitioners with a detailed understanding of the common law, traditional code and model code systems, as well as the skills to practise law anywhere in Australia.

Contents 1. Words 2. Choices 3. Conduct 4. Results 5. Circumstances 6. Sentences 7. Standards 8. Groups 9. Failures 10. Exceptions 11. Victims 12. States

Cyber Law

Cyber Law

Available Now

Available Now

2015, 229 x 150 mm, 579 pp 9781107698161 | Paperback (also available as an eBook)

2015, 247 x 174 mm, 476 pp 9781107500532 | Paperback (also available as an eBook)

Principles of Cybercrime Second Edition

Social Media and Electronic Commerce Law Second Edition

Jonathan Clough, Monash University Alan Davidson, University of Queensland Digital technology has transformed the way in which we socialise and do business. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes: so-called ‘cybercrimes’.

Focusing on Australia, Canada, the UK and the USA, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes. This new edition has been fully revised to take into account changes in online offending, as well as new case law and legislation in this rapidly developing area of the law.

Social Media and Electronic Commerce Law is designed to provide students and legal practitioners with a thorough and engaging exploration of the laws, regulations and grey areas of commerce via online platforms. This new edition has been thoroughly revised to address changes in legislation and recent court judgments, and to reflect the dynamic sphere of social media.

Written in an accessible style, Social Media and Electronic Commerce Law investigates the challenges facing legal practitioners and commercial parties in this dynamic field, as well as the underlying legal theory that governs it.

Contents

Contents

Part I. Introduction 1. Cybercrime Part II. Computer as Target 2. Computer as target 3. Access offences 4. Modification or impairment of data 5. Misuse of devices 6. Interception of data Part III. Fraud and Related Offences 7. Fraud 8. Criminal copyright infringement 9. ‘Spam’ Part IV. Content-Related Offences 10. Child pornography Part V. Offences against the Person 11. ‘Grooming’ 12. Harassment 13. Voyeurism Part VI. Jurisdiction 14. Jurisdiction

Part I. Introduction: 1. An ‘Electronic Renaissance’ – digital lex mercatoria and digital persona; 2. The rule of cyberspace; Part II. Social Media: 3. Social media law; 4. Peer-to-peer file sharing; 5.

Cloud computing; 6. Social media and the workplace; 7. Defamation in cyberspace; 8. Privacy in cyberspace; 9. Electronic mail and online presence; 10. Censorship online; Part III. Electronic Commerce: 11.

Electronic commerce and the law of contract; 12. Contracting online; 13. Electronic signatures; 14. Copyright issues in electronic commerce; 15. Trade marks, patents and circuit layouts; 16. Domain names; 17. Jurisdiction in cyberspace; 18. Cybercrime; 19. Evidence of electronic records; Part IV. Conclusion; 20. Reflections and conclusions

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Dispute Resolution, Mediation and Arbitration

Employment Law

Available Now

Available Now

2017, 229 x 153 mm, 432 pp 9781316606285 | Paperback (also available as an eBook & hardback)

2017, 247 x 174 mm, 492 pp 9781316622995 | Paperback (also available as an eBook)

The Principles and Practices of International Commercial Arbitration

Employment, Labour and Industrial Law in Australia

Third Edition

Margaret L. Moses, Loyola University This book provides the reader with immediate access to understanding the world of international arbitration by explaining how and why arbitration works. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines.

Contents 1. Introduction to international commercial arbitration 2. The arbitration agreement 3. Drafting the arbitration agreement 4. Applicable laws and rules 5. Judicial assistance for arbitration 6. The tribunal 7. The arbitral proceedings 8. The award 9. Attempts to set aside an award 10. Enforcement of the award 11. Investment arbitration

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Louise Floyd, James Cook University William Steenson, University of Technology Sydney Amanda Coulthard, Bond University Daniel Williams, Minter Ellison Anne C. Pickering, University of Queensland Employment, Labour and Industrial Law in Australia provides a comprehensive, current and accessible resource for the undergraduate and Juris Doctor student. With a social and political background to the law, this text provides insightful legal analysis underscored by practical business experience, while exploring key principles through a close evaluation of laws and lively discussion of prominent cases.

To maintain currency within this rapidly changing area of law, the text has a website which will include updates for any major developments in the field as well as responses to end-of-chapter questions. Written by respected academics and practicing lawyers in the field, Employment, Labour and Industrial Law in Australia is a relevant and contemporary guide to this fascinating area of law.

Contents 1. Settling the contract: Essentials of formation and characterisation 2. The employment contract: implied terms 3. Introduction to the Fair Work Act 4. Bargaining, awards and National Employment Standards 5. Trade union law and regulation - unions and industrial action 6. The end of the employment relationship 7. Public work 8. Specialist legislation 9. Emerging issues and new frontiers

Employment Law

Energy Law

Available Now

Available Now

2016, 247 x 174 mm, 360 pp 9781107432253 | Paperback (also available as an eBook)

2015, 247 x 174 mm, 488 pp 9781107663237 | Paperback (also available as an eBook)

Equality and Discrimination Law in Australia: An Introduction

Mining and Energy Law Samantha Hepburn, Deakin University

Beth Gaze, University of Melbourne Belinda Smith, University of Sydney

This text explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law.

Contents Part 1. Introduction 1. Equality, discrimination and law 2. Historical background to anti-discrimination law 3. Basic framework of legislation Part 2. Anti-discrimination Legislation 4. The attributes 5. Prohibited conduct 6. Areas 7. Making rights effective: Institutions, procedures and remedies Part 3. Alternative Approaches and Options 8. Positive action 9. Employment discrimination and the Fair Work Act 10. Government action to advance equality: Human rights and positive measures 11. Equality rights into the future

Mining and Energy Law is the only textbook available that encompasses a discussion of both the law and the policy of mining and resource regulation in existing and emergent areas, for the Commonwealth as well as for the states and territories in Australia.

The book is the ideal starting point for anyone seeking to understand the regulatory regimes and policy challenges relevant to one of Australia’s most important industry sectors.

Contents 1.

2.

3.

4.

5.

6.

Ownership of minerals and natural resources Resource titles: Permits, licenses and leases Australian offshore petroleum and minerals regulation Natural gas regulation Unconventional gas regulation Renewable energy: Regulation, the RET, wind energy and the market framework 7. Carbon capture sequestration 8. Climate change and mining and energy policy 9. Environmental regulation 10. Mining agreements and revenue frameworks

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Environmental Law

NEW

International Environmental Law Second Edition

Available October 2018

254 x 174 mm, 594 pp 9781108438117 | Paperback (also available in hardback)

Pierre-Marie Dupuy, Graduate Institute of International Studies Jorge E. Viñuales, University of Cambridge

International Environmental Law offers a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. The book covers all major environmental agreements, paying particular attention to their underlying structure, main legal provisions, and practical operation. It blends legal and policy analysis, making extensive reference to the jurisprudence and scholarship, and addressing the interconnections with other areas of international law, including human rights, humanitarian law, trade and foreign investment. The material is structured into four sections - foundations, substantive regulation, implementation, and influence on other areas of international law - which help the reader to navigate the different areas of international environmental law. Each chapter includes charts summarising the main components of the relevant legal frameworks and provides a detailed bibliography. Suitable for practicing and academic international lawyers who want an accessible, up-to-date introduction to contemporary international environmental law, as well as non-lawyers seeking a concise and clear understanding of the subject.

•

A concise and conceptually clear introduction to a complex subject that engages with technical aspects that some books avoid to ensure full understanding

•

Precise and clear language makes international environmental law accessible to those new to the subject

•

Covers emerging and contemporary topics such as the 2030 Agenda for Sustainable Development, the Kigali Amendment to the Montreal Protocol, the Paris Agreement on Climate Change, biodiversity beyond national jurisdiction, foreign investment and the environment, environmental migration, climate change and human rights, technology diffusion, and environmental security in postconflict settings

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Contents Part I. Foundations 1. Emergence and Development of International Environmental Law 2. Main Features of International Environmental Law 3. The Principles of International Environmental Law Part II. Substantive Regulation 4. Oceans, Seas and Freshwater 5. Protection of the Atmosphere 6. Species, Ecosystems and Biodiversity 7. Dangerous Substances and Activities Part III. Implementation 8. Implementation: Traditional Approaches 9. Implementation: New Approaches Part IV. International Environmental Law as a Perspective 10. Human Rights and the Environment 11. Environmental Dimensions of International Security 12. Environmental Protection and International Economic Law

Environmental Law

NEW

Principles of International Environmental Law Fourth Edition Available Now

2018, 245 x 190 mm, 1032 pp 9781108431125 | Paperback (also available as an eBook & hardback)

Philippe Sands, University College London Jacqueline Peel, University of Melbourne

This new and fully updated edition of Principles of International Environmental Law offers a comprehensive and critical account of one of the fastest growing areas of international law: the principles and rules relating to environmental protection. Introducing the reader to the key foundational principles, governance structures and regulatory techniques, Principles of International Environmental Law explores each of the major areas of international environmental regulation through substantive chapters, including climate change, atmospheric protection, oceans and freshwater, biodiversity, chemicals and waste regulation.

The ever-increasing overlap with other areas of international law is also explored through examination of the inter-linkages between international environmental law and other areas of international regulation, such as trade, human rights, humanitarian law and investment law. Incorporating the latest developments in treaty and case law for key areas of environmental regulation, this text is an essential reference and textbook for advanced undergraduate and postgraduate students, academics and practitioners of international environmental law.

•

The leading textbook in an area of growing importance and complexity, Principles of International Environmental Law is an essential guide for students and practitioners of international environmental law

•

Contains a new chapter on climate change addressing the significant developments in the field, including the Paris Climate Agreement

•

Presents critical commentary on some of the world’s most pressing and growing problems including climate change, biodiversity and regulating pollution and waste

•

Looks at the contribution made by different groups - governments, courts and non-state actors - for a full understanding of the protagonists involved

Contents Part I. The Legal and Institutional Framework 1. The Environment and International Society: Issues, Concepts and Definitions 2. History 3. Governance: States, International Organisations and Non-State Actors 4. International Lawmaking and Regulation 5. Compliance: Implementation, Enforcement, Dispute Settlement Part II. Principles and Rules Establishing Standards 6. General Principles and Rules 7. Atmospheric Protection 8. Climate Change 9. Freshwater Resources 10. Biological Diversity 11. Oceans, Seas and Marine Living Resources 12. Hazardous Substances and Activities, and Waste 13. The Polar Regions: Antarctica and the Arctic Part III. Techniques for Implementing International Principles and Rules 14. Environmental Impact Assessment 15. Environmental Information and Technology Transfer 16. Liability for Environmental Damage Part IV. Linkage of International Environmental Law and Other Areas of International Law 17. Human Rights and International Humanitarian Law 18. International Economic Law: Trade, Investment and Intellectual Property 19. Future Developments

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Equity & Trusts

Equity & Trusts

Available Now

Available Now

2017, 247 x 174 mm, 448 pp 9781316621943 | Paperback (also available as an eBook)

2016, 247 x 174 mm, 608 pp 9781107663213 | Paperback (also available as an eBook)

Equity and Trusts in Australia Second Edition

A Sourcebook on Equity and Trusts in Australia

Michael Bryan, University of Melbourne Vicki Vann, Monash University Susan Barkehall Thomas, Monash University

Michael Bryan, University of Melbourne Simone Degeling, University of New South Wales Scott Donald, University of New South Wales Vicki Vann, Monash University

Incorporating recent case law developments, the second edition of Equity and Trusts in Australia provides undergraduate and Juris Doctor students with a current and accessible introduction to Australian equity and trusts law. Expanding upon first edition content, the text includes greater depth of topic discussion, explanation of key theories and terminology, while demonstrating how these are applied in practice. Equity and Trusts in Australia links key doctrines to their wider relationship with the law, making it a fundmental text for students embarking on this area of study for the first time.

A Sourcebook on Equity and Trusts in Australia can be used as both a freestanding casebook and as a companion to the Equity and Trusts in Australia textbook. This casebook follows the structure of Equity and Trusts in Australia and provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Clearly written by authors with extensive experience in the field, this casebook encourages students to engage with the principles of equity and the law of trusts and to understand how they apply in the real world.

Contents

Contents

Part A: Introduction; 1. An overview of equity; Part B: Equitable Remedies; 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission, rectification and declarations; 6. Bars to relief; Part C: Equity, Contract and Property; 7. Equity in contract law; 8. Equitable proprietary interests; 9. Equitable assignments; Part D: Equitable Obligations; 10. Fiduciary obligations; 11. Participants in a breach of fiduciary obligation; 12.

Breach of confidence; Part E: Express Trusts; 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable and noncharitable purposes; Part F: Performing the Trust; 17. Trustees’ duties and powers; 18. Investment of trust funds; 19. Trustees’ rights and liabilities; Part G: Breach of Trust; 20. Breach of trust: Defences and remedies; 21.Tracing; Part H: Non-consensual Trusts; 22. Resulting trusts; 23. Constructive trusts

Part A. Introduction: 1. Introduction; Part B. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission and rectification; 6. Bars to relief; Part C. Equity, Contract and Property: 7. Equity and contract; 8. Equitable proprietary interests; 9. Equitable assignments; Part D. Equitable Obligations: 10. Fiduciary relationships; 11. Third party participation in a breach of fiduciary obligation; 12. Breach of confidence; Part E. Express Trust: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable purposes; Part F. Performing the Trust: 17. Trustees’ duties and powers; 18. Investment of trust funds; 19. Trustees’ rights; Part G. Breach of Trust: 20. Breach of trust: defences and remedies; 21. Tracing; Part H. Non-consensual Trusts: 22. Resulting trusts; 23. Constructive trusts

Available as a value bundle This comprehensive principles and sourcebook bundle allows students to both develop and further their knowledge on equity and trusts law in Australia by providing a theoretical basis and practical application to case examples.

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Evidence Law

NEW

Australian Uniform Evidence Law

Available December 2018

247 x 174 mm, 528 pp 9781108450010 | Paperback (also available as an eBook)

Fiona Hum, Monash University Bronwen Jackman, University of New England Ottavio Quirico, University of New England Gregor Urbas, University of Canberra Kip Werren, University of New England

Australian Uniform Evidence Law offers a practical, clear and studentfriendly introduction to the law of evidence and its operation across Uniform Evidence Act jurisdictions.

Using a logical structure with the Evidence Act 1995 (Cth) as its point of reference, this text introduces basic concepts first and then leads students into more detailed coverage of the Uniform Evidence Act. Well-chosen and curated cases and excerpts from the legislation, with comprehensive and clear summaries and explanations of the rules, help students understand the application of the Act. Practice problems at the end of each chapter provide students with the opportunity to apply and test their knowledge of each topic. Additionally, a ‘Putting it all together’ chapter at the end of the text challenges students with complex problems that bring together the concepts and rules covered in the entire text. Guided solutions enable students to check their understanding and each chapter includes a user-friendly summary of the key points discussed, key terms and definitions, and guides to further reading.

Contents 1. Introduction 2. Adducing evidence 3. Relevance 4. Hearsay 5. Opinion evidence 6. Admissions 7. Tendency and coincidence evidence 8. Credibility 9. Character 10. Identification evidence 11. Privileges 12. Discretionary and mandatory exclusions: unreliable evidence 13. Facilitation of proof and ancillary matters 14. Putting it all together

Providing clear explanation and engaging examples, this highly readable text is an essential resource for students of evidence law.

•

Clear and accessible text with logical structure written for students

•

Well-chosen and curated case extracts and legislation

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Problems in each chapter and ‘Putting it All Together’ problems at the end of the book to show how the topics interrelate with each other

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17

European Law

Family Law

Available Now

Available Now

2014, 245 x 186 mm, 1220 pp 9781107664340 | Paperback (also available as an eBook)

2017, 247 x 174 mm, 476 pp 9781107561793 | Paperback (also available as an eBook)

European Union Law Text and Materials Third Edition Damian Chalmers, London School of Economics and Political Science Gareth Davies, Vrije University Giorgio Monti, European University Institute Updated to reflect the new post-crisis Europe, this market-leading textbook presents the current state of EU institutional law, the internal market and competition law. Retaining the authority, accessibility and critical analysis of previous editions, the new edition will continue to be the preferred choice of European law teachers and students.

Contents 1. European integration and the Treaty on European Union; 2. The EU institutions; 3. Union law-making; 4. The EU judicial order; 5. The authority of EU law; 6. Fundamental rights; 7. Rights and remedies in national courts; 8. The infringement proceedings; 9. Governance; 10. Judicial review; 11. Citizenship of the Union; 12. EU law and non-EU nationals; 13. Equal opportunities law and policy; 14. EU criminal law; 15. The internal market; 16. Economic and monetary union; 17. The free movement of goods; 18. The free movement of services; 19. The pursuit of an occupation in another member state; 20. Trade restrictions and public goods; 21. EU competition law: Function and enforcement; 22. Antitrust and monopolies; 23. State aid law

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The Family in Law Archana Parashar, Macquarie University Francesca Dominello, Macquarie University The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The approach of the book challenges conventional boundaries of family law, giving readers a solid foundation and edge to their understanding of the topic.

Contents 1.

2.

3.

4.

5.

6.

7.

8.

Studying family law The family law and its institutions Marriage and marriage-like relationships Divorce and violence in family law Financial relations Spousal maintenance Private ordering of financial relations Children in family law: child-related disputes under Family Law Act 9. Children in court proceedings 10. Child maintenance and support and the wider social context of Australian family law 11. Family regulation: abortion and child protection 12. Children and family formation: adoption and reproductive technologies

Health Law

Human Rights Law

Available Now

Available Now

2017, 247 x 174 mm, 420 pp 9781107455474 | Paperback (also available as an eBook)

2014, 247 x 174 mm, 1121 pp 9781107657212 | Paperback (also available as an eBook & hardback)

Health Law

International Human Rights Law

Frameworks and Context

Cases, Materials, Commentary Second Edition

Anne-Maree Farrell, La Trobe University John Devereux, University of Queensland Isabel Karpin, University of Technology Sydney Penelope Weller, RMIT University Health Law: Frameworks and Context adopts a theoretically informed and principles-based approach to examining health law.

Appealing to students and academic scholars alike, the text moves beyond traditional medical law frameworks to provide a broader contextual understanding of the way in which law intersects with health.

Contents Introduction; 1. Health law: Frameworks and context; Part I: Frameworks; Section A. Theories, Perspectives and Ethics in Health; 2. Philosophical bioethics and health law; 3. Socio-legal perspectives on patient-doctor relations; 4. Social determinants of health and the role of law; 5. Health and human rights law; Section B. Institutions and Regulation; 6. The regulatory framework for health in Australia; 7. Regulating health professionals; 8. Regulating patient safety and redress; Part II: Context; Section A. Patients, Doctors and Healthcare; 9. Consent to medical treatment; 10. Substituted decision-making; 11. Medical negligence; 12. Confidentiality, privacy and access to information; Section B: Law at the Beginning and the End of Life; 13. Regulating reproduction; 14. Regulating emerging reproductive technologies; 15. Withdrawal and withholding of medical treatment; 16. Euthanasia and assisted suicide; Section C: Law and the Human Body; 17. Organ and tissue donation and transplantation; 18. Property and human tissue; 19. Biobanks; 20. Human genetics and the law; Section D: Law and Populations; 21. Indigenous health and the law; 22. Health law and people with disability; 23. Mental health law; 24. Public health law; 25. Global health and the law

Olivier De Schutter, Université Catholique de Louvain International Human Rights Law includes detailed coverage of substantive human rights and new sections on climate change and international human rights law theory. It has a more student-friendly design and has retained the concise and critical style, and questions and case studies, which made the first edition so accessible.

Contents Part I. The Sources 1. The emergence of international human rights 2. State responsibility and ‘jurisdiction’ Part II. The Substantive Obligations 3. The typology of States’ obligations and the obligation to respect human rights 4. The application of human rights in private relationships and the obligation to protect 5. The progressive realization of human rights and the obligation to fulfil 6. Derogations in time of public emergency 7. The prohibition of discrimination Part III. The Mechanisms of Protection 8. Ensuring compliance with international human rights law: the role of national authorities 9. The United Nations human rights treaties system 10. The United Nations Charter-based monitoring of human rights 11. Regional mechanisms of protection.

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19

Humanitarian Law/ Law of Armed Conflict

Humanitarian Law/ Law of Armed Conflict

Available Now

Available Now

2015, 247 x 175 mm, 324 pp 9781107537095 | Paperback (also available as an eBook & hardback)

2017, 229 x 152 mm, 440 pp 9781316641668 | Paperback (also available as an eBook & hardback)

International Humanitarian Law

War, Aggression and Self-Defence Sixth Edition

Emily Crawford, University of Sydney Alison Pert, University of Sydney Up to date with the latest research, this clear and concise textbook provides an accessible examination of international humanitarian law, including emerging trends in theory and practice. Students are expertly guided through the subject with the aid of detailed examples, extracts, discussion questions and suggestions for further reading.

Contents 1. Historical development of international humanitarian law 2. The contemporary legal basis of international humanitarian law and its fundamental principles 3. Types of armed conflicts 4. Individual status in armed conflict – combatants, non- combatants, direct participation in hostilities and prisoners of war 5. Protection of the wounded, sick and shipwrecked 6. The law of occupation and the protection of civilians 7. Targeting 8. Means and methods of warfare 9. Implementation, enforcement and accountability 10. Conclusions

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Yoram Dinstein, Tel-Aviv University

War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council.

This new and fully updated sixth edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of ‘robust’ mandates of a peacekeeping force.

Contents Part I. The Legal Nature of War 1. Armed conflict, war and neutrality 2. The course of war Part II. The Illegality of War 3. A historical perspective of the legal status of war 4. The contemporary prohibition of the use of inter-state force 5. The crime of aggression 6. Controversial consequences of the change in the legal status of war Part III. Exceptions to the Prohibition of the Use of Inter-State Force 7. The concept of self-defence 8. The modalities of individual self-defence 9. Collective self-defence 10. Collective security

Humanitarian Law/ Law of Armed Conflict

Intellectual Property Law

Available Now

Available Now

2016, 261 x 183 mm, 864 pp 9781107135604 | Hardback (also available as an eBook)

2015, 228 x 152 mm, 808 pp 9781107472297 | Paperback (also available as an eBook)

The Law of Armed Conflict

Australian Intellectual Property Law

International Humanitarian Law in War Second Edition

Third Edition

Gary D. Solis, Georgetown University Law Center This book introduces law students and undergraduates to the law of war in an age of terrorism. Gary D. Solis leads readers from the basics of armed conflict and international humanitarian law to the finer points of battlefield law. Though US-focused, it includes hundreds of cases from jurisdictions worldwide.

Contents Part I. Law of Armed Conflict: International Humanitarian Law in War: 1. Rules of war, laws of war; 2. Codes, conventions, declarations, and regulations; 3. Two World Wars and their law of armed conflict results; 4. Protocols and politics; Part II. Law of Armed Conflict and International Humanitarian Law: A Framework: 5. Conflict status; 6. Individual battlefield status; 7. Law of armed conflict’s core principles; 8. What is a ‘war crime’?; Part III. Law of Armed Conflict and International Humanitarian Law: Battlefield Issues: 9. Obedience to orders, the first defense; 10. Command responsibility and Respondeat Superior; 11. Ruses and perfidy; 12. Rules of engagement; 13. Targeting objects; 14. Autonomous weapons, drones, and targeted killing; 15. Human targeting and cross-border counterattacks; 16. Torture; 17. Cyber warfare; 18. Attacks on cultural property; 19. The 1980 Certain Conventional Weapons Convention; 20. Gas, biological, and chemical weapons treaties; Part IV. Dealing with Violations of Customs and Usages of Warfare: 21. Military commissions; 22. Security detention

Mark J. Davison, Monash University Ann L. Monotti, Monash University Leanne Wiseman, Griffith University The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.

Contents 1.

2.

3.

4.

5.

6.

7.

Introduction Passing off Registered trade marks Exploitation of registered trade marks Copyright: introduction Copyright: subsistence Copyright: authorship, first ownership, and nature and duration of rights 8. Copyright: exploitation, infringement and defences 9. Areas related to copyright: moral rights, performers’ rights, artist’s resale rights, and other related rights 10. Designs 11. Equitable doctrine of breach of confidence 12. Patents for inventions: introduction 13. Patents for inventions: validity 14. Patents for inventions: allocation of rights and ownership, the Register and dealings 15. Patents for inventions: exploitation, infringement and revocation 16. Plant breeder’s rights 17. Remedies and miscellaneous issues

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International Economic & Trade Law/WTO Law

NEW

International Investment Law and Arbitration

Commentary, Awards and other Materials Available Now

2018, 246 x 173 mm, 578 pp 9781316632208 | Paperback (also available as an eBook & hardback) Chin Leng Lim, The University of Hong Kong Jean Ho, National University of Singapore Martins Paparinskis, University College London

What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.

•

Accessible commentary accompanies key awards and materials

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Historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate

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Every chapter has questions to test reader understanding as well as a list of further reading to encourage exploration of the subject

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Contents 1. The Origins of Investment Protection and International Investment Law 2. Investment Contracts and Internationalisation 3. The Metamorphosis of Investment Treaties 4. Investment Dispute Settlement 5. Jurisdiction, Admissibility and Parallel Proceedings 6. Applicable Laws 7. Evidence 8. Provisional Measures 9. Protected Investments 10. Protected Investors 11. Fair and Equitable Treatment, and Full Protection and Security 12. Contingent Standards: National Treatment and Most- Favoured Nation Treatment 13. Expropriation 14. Umbrella Clauses 15. Defences 16. Remedies 17. Costs and Legal Fees 18. Challenging and Enforcing Awards, and the Question of Foreign State Immunities 19. New Directions in International Investment Law and Arbitration

International Economic & Trade Law/WTO Law

Available Now

Available Now

2016, 216 x 137 mm, 348 pp 9781107638938 | Paperback (also available as an eBook & hardback)

2017, 245 x 173 mm, 1112 pp 9781316610527 | Paperback (also available as an eBook & hardback)

Essentials of WTO Law Peter Van den Bossche, WTO Appellate Body Denise Prévost, University of Maastricht Intended for students and policy makers looking to gain a good understanding of WTO law, this overview of the main rules and procedures of the WTO is written in a concise, accessible and non-technical manner, and provides both illustrative examples and reading lists to facilitate further learning.

Contents 1.

2.

3.

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6.

7.

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International Economic & Trade Law/WTO Law

International trade and the law of the WTO Rules on non-discrimination Rules on market access Trade liberalization and other societal values and interests Rules on unfair trade Rules regarding harmonization of national regulation The institutional aspects of the WTO The WTO dispute settlement system

The Law and Policy of the World Trade Organization Text, Cases and Materials Fourth Edition Peter Van den Bossche, WTO Appellate Body Werner Zdouc, Graduate Institute of International Studies Retaining the signature clarity and depth that made it an instant classic, this fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the World Trade Organization (WTO). Fully updated to incorporate all new developments in the WTO’s body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the WTO. Contents 1. International trade and law of the WTO 2. The World Trade Organization 3. WTO Dispute Settlement 4. Most-favoured-nation treatment 5. National treatment 6. Tariff barriers 7. Non-tariff barriers 8. General and security exceptions 9. Economic emergency exceptions 10. Regional trade exceptions 11. Dumping 12. Subsidies 13. Technical barriers to trade 14. Sanitary and phytosanitary measures 15. Intellectual property rights

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International Economic & Trade Law/WTO Law

Introduction to Law

Available Now

Available Now

2017, 245 x 173 mm, 638 pp 9781107590144 | Paperback (also available as an eBook & hardback)

2017, 255 x 190 mm, 348 pp 9781316642795 Paperback & VitalSource Interactive eBook

The International Law on Foreign Investment

Learning Law

Fourth Edition

Anthony Marinac, Central Queensland University Brian Simpson, University of New England Caroline Hart, University of Southern Queensland Rhianna Chisholm, Curtin University Jennifer Nielsen, Southern Cross University Michael Brogan, Western Sydney University

M. Sornarajah, National University of Singapore By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah’s classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Contents 1.

2.

3.

4.

Introduction The shaping factors Controls by the host state The liability of multinational corporations and home state measures 5. Bilateral investment treaties 6. Multilateral and regional instruments on foreign investment 7. Settlement of investment disputes: contract-based arbitration 8. Treaty-based investment arbitration: jurisdictional issues 9. Causes of action: breaches of treatment standards 10. The taking of foreign property 11. Compensation for nationalisation of foreign investments 12. Defences to responsibility.

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Learning Law is an indispensable guide for students beginning their law studies. It provides the foundational knowledge and skills required for the study and practice of law, and also instils in students a passion and excitement for the law. Written by leading academics who have practised law in a variety of settings, this text challenges students’ traditional notions of the law and encourages them to think critically.

This book comes with access to an interactive VitalSource eBook.

Fully integrated with the print book, this enhanced version of learning law contains a wealth of supplementary materials.

Contents Part I. Law, Lawyers and Justice 1. Welcome to the law 2. History and justice 3. Parliaments and courts Part II. Learning the Laws 4. Categories of law 5. Law made by judges 6. Law made by parliaments Part III. Research and Persuasion 7. Frameworks for legal thinking 8. Analysing and persuading 9. Grappling with facts Part IV. Profession and Community 10. The ethical lawyer 11. Equality, difference and law 12. Lawyering in the digital world 13. Influencing the law

Jurisprudence

Jurisprudence Third Edition Available Now

2017, 228 x 152 mm, 472 pp 9781316621172 | Paperback (also available as an eBook)

Suri Ratnapala, University of Queensland

The third edition of Jurisprudence offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate and postgraduate students and researchers, it examines and demystifies the discipline’s major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens understanding of the perennial debates about the nature and function of law and its relation to justice.

Fully revised and updated, this edition offers new materials on all topics, including: •

discussions of the legal philosophy of the School of Salamanca

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the revival of theological natural law

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Kant’s theory of natural rights

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common law’s cross-pollination with natural rights theory

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Foucault’s theory of concealed power

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further thoughts on Plato and Hegel

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public choice theory

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insights from modern psychology

Contents 1. Introduction Part 1: Law as it is 2. British legal positivism: Philosophical roots and command theories 3. Herbert Hart’s new beginning and new questions 4. Germanic legal positivism: Han Kelsen’s quest for the pure theory of law 5. Realism in legal theory Part 2: Law and Morality 6. Natural law tradition from antiquity to the Enlightenment 7. John Finnis’ restatement of classical natural law 8. Separation of law and morality Part 3: Social Dimensions of Law 9. Sociological jurisprudence and sociology of law 10. Radical jurisprudence: Challenges to liberal legal theory 11. Economic analysis of law 12. Evolutionary jurisprudence Part 4: Rights and Justice 13. Fundamental legal conceptions: The building blocks of legal norms 14. Justice

Retaining the engaging prose style it is known for, Suri Ratnapala’s Jurisprudence remains an essential text for students and researchers of jurisprudence and legal theory.

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Legal Skills & Practice

NEW

Inside Lawyers’ Ethics Third Edition

Available July 2018

247 x 174 mm, 380 pp 9781316642009 | Paperback (also available as an eBook)

Christine Parker, University of Melbourne Adrian Evans, Monash University

The third edition of Inside Lawyers’ Ethics offers an engaging and practical examination of the moral and ethical dilemmas that legal professionals may encounter in a rapidly changing professional environment. The text provides comprehensive coverage and analysis of general philosophical approaches to morality as well as the legal frameworks which govern ethical decision-making and practice.

This new edition has been thoroughly updated and provides in-depth coverage of the Australian Solicitors’ Conduct Rules (ASCR) to enable readers to successfully understand, analyse and apply guiding ethical frameworks to practice. Case studies and discussion questions in each chapter provide practical examples from case law, legal practice and research to illustrate common challenges and explain how ethical and moral principles can be applied to a variety of common scenarios.

Written by leading academics in the field, this essential text equips readers with the skills to enact ethical behaviours and confidently confront common ethical challenges in their everyday practice.

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Focus on the ‘real world’ of lawyering

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Rich historical and theoretical detail added to the regulatory models

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Translation of ASCR into workable scenarios which challenge the reader

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Use of four different ethical perspectives (responsible lawyering, adversarial advocacy, moral activism, and ethics of care)

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Raises contemporary and contentious issues in Australian society and politics with reference to the role of lawyers

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Substantially revised with new case study boxes, discussion question boxes, legislation boxes and breakout boxes

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Contents 1. Introduction: values in practice 2. Alternatives to adversarial advocacy 3. The responsibility climate: professionalism and the regulation of lawyers’ ethics 4. Confidentiality: boundaries and disclosure 5. Ethics in criminal justice: proof and truth 6. Civil dispute resolution and excessive adversarialism 7. Conflicting loyalties 8. Lawyers’ fees and costs: billing and over-charging 9. Corporate lawyers and corporate misconduct 10. Conclusion: personal professionalism virtue, values and legal professionalism

Private Law

NEW

Remedies in Australian Private Law Second Edition Available August 2018

247 x 174 mm, 672 pp 9781108404754 | Paperback (also available as an eBook)

Katy Barnett, University of Melbourne Sirko Harder, University of Sussex

The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application.

This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies.

With it systematics and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law and to analyse legal problems and identify appropriate remedial solutions.

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A clear, comprehensive and accessible text on Remedies principles for students

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Provides a logical map of the law of remedies which helps students understand the connections

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Thoroughly updated along with extended discussions, new sections and reorganisation of content

Contents 1. Introduction Part 1. General principles of compensation: 2. Assessment of compensation 3. Attribution of responsibility 4. Multiple wrongdoers Part 2. Compensation in specific contexts: 5. Compensation for breach of contract 6. Compensation in tort 7. Compensation for personal injury and death 8. Compensation under the Australian Consumer Law 9. Equitable compensation for equitable wrongs Part 3. Remedies compelling performance and related remedies: 10. Specific performance 11. Injunctions 12. ‘Equitable damages’ or Lord Cairns’ Act damages Part 4. Remedies as vindication: 13. Self-help remedies 14. Exemplary damages and aggravated damages 15. Apologies and declaratory relief Part 5. Account of profits and other gain-based relief for wrongs: 16. Disgorgement of gains and ‘reasonable fee’ damages Part 6. Restitution and giving back: 17. Personal remedies for unjust enrichment 18. Rescission Part 7. Proprietary remedies: 19. Proprietary remedies Part 8. Enforcement of remedies: 20. Enforcement of remedies

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Public International Law

NEW

International Law

Cases and Materials with Australian Perspectives Third Edition Available July 2018

247 x 174 mm, 876 pp 9781108445450 | Paperback (also available as an eBook) Donald R Rothwell, Australian National University Stuart Kaye, University of Wollongong Afshin Akhtar-Khavari, Queensland University of Technology Ruth Davis, University of Wollongong Imogen Saunders, Australian National University

Now in its third edition, International Law: Cases and Materials with Australian Perspectives continues to be an authoritative textbook on international law for Australian students. With a strong focus on Australian practice and interpretation, the text examines how international law is developed, implemented and interpreted within the international community and considers new and developing approaches within this field.

This edition has been comprehensively updated to address recent developments in international law. The curated selection of cases and materials provides a thorough coverage of core areas of the law and addresses a range of contemporary challenges, including climate change, human rights, nuclear proliferation and the South China Sea. A new chapter on international trade law is included to reflect the growing importance of this body of law in Australian practice. Guiding commentary by the authors provides a rigorous analysis of key principles and opportunities for readers to reflect on and test their understanding.

Written by a team of experts with substantial teaching and research experience in this field, International Law: Cases and Materials with Australian Perspectives is an essential resource for Australian law students.

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Balances coverage of international law as applied globally with Australian perspectives

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A single text covering principles and cases with a good balance between commentary and well curated case extracts

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Substantially rewritten, refreshed and modified to reflect recent developments and practice with a new chapter on international trade law and new content on international humanitarian law

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Contents 1. The nature of international law 2. Sources of international law 3. Law of treaties 4. International and municipal law 5. International legal personality 6. Sovereignty over territory 7. Jurisdiction 8. State responsibility 9. Human rights 10. Law of the sea 11. International environmental law 12. International trade law 13. Use of force 14. Enforcement of international law 15. The peaceful settlement of international disputes

Public International Law

Public International Law

Available Now

Available Now

2017, 253 x 190 mm, 1118 pp 9781316638538 | Paperback (also available as an eBook & hardback)

2017, 247 x 175 mm, 398 pp 9781316506608 | Paperback (also available as an eBook & hardback)

International Law

International Law

Eighth Edition

Second Edition

Malcolm N. Shaw, Essex Court Chambers and Lauterpacht Centre for International Law, University of Cambridge

Jan Klabbers, University of Helsinki

International Law is the definitive text on the subject for all from undergraduate students to professional lawyers. Updated to reflect key recent case law, international practice and treaty developments, the author offers an unbeatable combination of academic rigour and clarity of expression to enable both understanding and critical analysis.

Contents 1. The nature and development of international law 2. International law today 3. Sources 4. International law and municipal law 5. The subjects of international law 6. The international protection of human rights 7. Individual criminal responsibility in international law 8. Recognition 9. Territory 10. The law of the sea 11. Jurisdiction 12. Immunities from jurisdiction 13. State responsibility 14. International environmental law 15. The law of treaties 16. State succession 17. The settlement of disputes by peaceful means 18. The International Court of Justice 19. International law and the use of force by states 20. International humanitarian law 21. The United Nations 22. International institutions

The new and updated edition of this landmark textbook in the teaching of international law, from one of the world’s leading international lawyers, is refreshingly clear and concise, conveying the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say?

Contents Part I. The Structure of International Law 1. The setting of international law 2. The making of international law 3. The law of treaties 4. The subjects of international law 5. Jurisdiction, powers and immunities 6. The individual in international law, including human rights 7. The law of responsibility 8. International courts and tribunals 9. Sanctions, countermeasures, and collective security Part II. The Substance of International Law 10. Use of force 11. The law of armed conflict 12. International criminal law 13. The seas, the air and outer space 14. Protecting the environment 15. The global economy Part III. The Surroundings of International Law 16. Domestic courts and their relationship with international law 17. The politics and ethics of international law and global governance 18. By way of conclusion

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Public International Law

Public International Law

NEW Available Now

Available Now

2016, 246 x 173 mm, 566 pp 9781316604748 | Paperback (also available as an eBook)

2018, 247 x 174 mm, 849 pp 9781316614792 | Paperback (also available as an eBook)

International Law Documents

International Human Rights Law Documents

Edited by Jan Klabbers, University of Helsinki

Edited by Urfan Khaliq, Cardiff University

This concise collection of the most important international law instruments is an essential resource for all students of international law. In addition to standard instruments, the volume also features international labour documents, the work of the G20, and bilateral and unilateral instruments, as well as American, African and Asian documents.

This is an accessible collection of key universal and regional human rights law treaties and other related documents. It will appeal to students studying international human rights law as well as related courses for which no similar statute book exists: international humanitarian law; law and development; and international labour law.

Contents

Contents Part I. General Instruments Part II. Protecting the Individual Part III. Bilateral and Unilateral Instruments Part III (A) Bilateral Cooperation Part III (B) Unilateral Instruments Part IV. International Organization and Regulation Part IV (A) Some General Instruments Part IV (B) The United Nations in Action Part IV.B.1 Security Council Part IV.B.2 General Assembly Part V. Substantive Issues

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Part I. Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations Part II. Declarations, Standard Setting and Other Relevant Documents Adopted under the Auspices of United Nations Relating Directly to Human Rights Issues Part III. UN Human Rights Institutions and Complaints Mechanisms and Procedures Part IV. UN World Conferences and Summits Part V. International Labour Organisation Documents Part VI. International Financial Institutions Part VII. African Union Part VIII. ASEAN Documents Part IX. Council of Europe Documents Part X. Organisation of American States Documents Part XI. Organisation of Islamic Cooperation, Arab and Islamic States Part XII. Miscellaneous Documents

Public International Law

Public International Law

Available Now

Available Now

2014, 245 x 175 mm, 625 pp 9781107698833 | Paperback (also available as an eBook & hardback)

2015, 246 x 176 mm, 548 pp 9781107439672 | Paperback (also available as an eBook & hardback)

An Introduction to International Criminal Law and Procedure

The International Law of the Sea Second Edition

Third Edition Yoshifumi Tanaka, University of Copenhagen Robert Cryer, University of Birmingham Håkan Friman, University College London Darryl Robinson, Queen’s University Elizabeth Wilmshurst, University College London

In addition to a comprehensive update, this new edition also explores new topics in the field, such as the developing theory of international criminal law. Distinguished by its comprehensive coverage, clear organisation and expert analysis, this edition will continue to be the number one choice for students

This new edition has been fully revised and updated. It provides up-to-date coverage of all of the topics in law of the sea courses.

Contemporary and important issues covered include conservation of marine biological diversity and international peace and security at sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject.

By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students.

Contents Contents Part A. Introduction: 1. Introduction: what is international criminal law?; 2. The aims, objectives and justification of international criminal law; Part B. Prosecutions in National Courts: 3. Jurisdiction; 4. National prosecutions of international crimes; 5. State cooperation with respect to national proceedings; Part C. International Prosecution: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Other courts with international elements; Part D. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transnational crimes, terrorism and torture; 15. General principles of liability; 16. Defences/grounds for excluding criminal responsibility; Part E. Principles and Procedures of International Prosecutions: 17. Procedures of international criminal investigations and prosecutions; 18. Victims in the international criminal process; 19. Sentencing and penalties; Part F. Relationship between National and International Systems: 20. State cooperation with the International Courts and Tribunals; 21. Immunities; 22. Alternatives and complements to criminal prosecution; 23. The future of international criminal law

Part I. The Divided Oceans: International Law Governing Jurisdictional Zones 1. The law of the sea in perspective 2. Baselines and related issues 3. Marine spaces under national jurisdiction I: territorial sovereignty 4. Marine spaces under national jurisdiction II: sovereign rights 5. Marine spaces beyond national jurisdiction 6. Maritime delimitation Part II. Our Common Ocean: Protection of Community Interests at Sea 7. Conservation of marine living resources 8. Protection of the marine environment 9. Conservation of marine biological diversity 10. Marine scientific research 11. Maintenance of international peace and security at sea 12. Land-locked and geographically disadvantaged States 13. Peaceful settlement of international disputes 14. Looking ahead

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31

Public International Law

Public International Law

NEW Available Now

Available Now

2017, 246 x 173 mm, 402 pp 9781316615737 | Paperback (also available as an eBook & hardback)

2018, 246 x 174 mm, 462 pp 9781316615881 | Paperback (also available as an eBook & hardback)

International Dispute Settlement Sixth Edition J. G. Merrills, University of Sheffield

The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

The Peaceful Settlement of International Disputes Yoshifumi Tanaka, University of Copenhagen

Suited for readers studying international law, international relations and conflict resolution, The Peaceful Settlement of International Disputes offers a clear and systematic overview of procedures for dispute settlement in international law.

Contents

Contents 1. Negotiation 2. Mediation 3. Inquiry 4. Conciliation 5. Arbitration 6. The International Court I: Organisation and procedure 7. The International Court II: The work of the court 8. The Law of the Sea Convention 9. International trade disputes 10. The United Nations 11. Regional organisations 12. Trends and prospects

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Part I. Foundation of International Dispute Settlement: 1. International dispute settlement in perspective 2. Negotiation, good offices and mediation 3. Inquiry and conciliation 4. International dispute settlement through the United Nations 5. Inter-state arbitration 6. International Court of Justice (I): organisation and jurisdiction of the court 7. International Court of Justice (II): law and procedure of the court Part II. International Dispute Settlement in Particular Fields: 8. International dispute settlement in the UN Convention on the Law of the Sea 9. The WTO dispute settlement system 10. Peaceful settlement of international environmental disputes 11. Peaceful settlement of disputes involving non-state actors 12. The quest for peace in international law

Public International Law

NEW

The Use of Force and International Law

Available now

2018, 245 x 174 mm, 438 pp 9781107692008 | Paperback (also available as an eBook)

Christian Henderson, University of Sussex

The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by ‘force’, the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

•

Follows a clear and accessible structure to better support lecturers teach their courses and aid student understanding

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Clearly lays out the distinction between concepts and terms to enable students to grasp the fundamental distinctions before delving deeper into the subject

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Comprehensive references to primary and secondary sources support student understanding of the breadth of legal resources in the field and aid further research

Contents Part I. The Prohibition of the Threat or Use of Force: 1. The general breadth and scope of the prohibition of the threat or use of force 2. The meaning of ‘force’ Part II. The Use of Force in the Context of Collective Security: 3. The use of force under the auspices of the United Nations 4. Issues in relation to authorisation by the United Nations Security Council 5. United Nations Peacekeeping and the use of force Part III. The Use of Force in Self-Defence: 6. General aspects of the right of self-defence 7. Preventative self-defence 8. The use of force against non-state actors Part IV. Forcible Intervention in Situations of Civil Unrest: 9. Consent to intervention and intervention in civil wars 10. The doctrine of humanitarian intervention

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33

Property Law

UN & International Organisations

Available Now

Available Now

2016, 247 x 174 mm, 348 pp 9781107572652 | Paperback (also available as an eBook)

2015, 247 x 175 mm, 424 pp 9781107439719 | Paperback (also available as an eBook & hardback)

The Boundaries of Australian Property Law Edited by Hossein Esmaeili, Flinders University Brendan Grigg, Flinders University The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

Contents Introduction: The distinctive path of Australian real property law 1. Property: Concept, rational, contexts 2. The emergence of the Torrens system in Australia 3. Fundamental concepts for Australian real property law: Tenure, estates, possession and adverse possession 4. Torrens title: Registered and unregistered interests 5. Boundaries of land, fixtures and ownership of minerals and resources: The search for certainty 6. Native title: History and conflict 7. Co-ownership: The interplay of common law, equity and the Torrens system 8. Strata title, community title and residential tenancies: Changing how we live 9. Property, choice and obligation: The Australian law of leases and licences 10. The power of subsidiary interests in land to shape our world: The Australian law of easements 11. Restrictive covenants and the Torrens system 12. The Torrens system mortgage: Mortgagor protection under the common law, in equity and under statute

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An Introduction to International Organisations Law Third Edition Jan Klabbers, University of Helsinki

This market-leading textbook has been updated extensively to reflect the entry into force of the EU’s Lisbon Treaty and new articles on the responsibility of international organisations. It also includes two new chapters on the international civil service and the relations between organisations and other institutions, respectively.

Contents 1. Introduction 2. The rise of international organisations Part I. Member States and International Organisations 3. The legal position of international organisations 4. International organisations and the law of treaties 5. Issues of membership 6. Financing 7. Privileges and immunities 8. Legal instruments 9. Dissolution and succession Part II. Internal Relations 10. Institutional structures 11. The bureaucracy Part III. External Relations 12. Treaty-making by international organisations 13. Organisational liaisons 14. Issues of responsibility 15. Concluding remarks

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