ANZ Law Catalogue 2020 - 2021

LAW CATALOGUE 2020 - 2021

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

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4 7 8 10 12 17 20 22 23 24 25 25 26 27 28 28 31 32 33 34 35 35 40 41

View an online version of this catalogue at www.issuu.com/cambridge.org.uk/docs/law_2020 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.

Guide Published locally New titles available in this subject

Companion resources

NEW

VitalSource interactive eBook included

New locally published titles Page 10

Page 9

pedagogy including flowcharts and numerous review

er at Edith Cowan University.

turer at Western Sydney University.

Associate Professor at Monash University.

ior Lecturer at Monash University.

rces academic/contractlaw

• four new chapters on contract law basics, business structures, bankruptcy and international commercial law

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, Written in a clear and concise style by an expert author team, Australian Commercial Law remains an LARYEA SPAGNOLO indispensable resource for students who are seeking aAND comprehensive understanding of commercial law.

• thorough integration of digital and e-commerce transactions throughout the text

• end-of-chapter discussion questions designed to test reader knowledge of key points and themes.

Dilan Thampapillai is a Lecturer at the ANU College of Law at the Australian National University.

Claudio Bozzi is a Lecturer in the Faculty of Business and Law at Deakin University.

Mark Giancaspro is a Lecturer in the Adelaide Law School at the University of Adelaide.

George Tian is a Senior Lecturer in the Faculty of Law at the University of Technology, Sydney.

Clearly and precisely written, this second edition has been thoroughly updated and refined to reflect current Australian corporate law, including recent case law, changes to the Corporations Act 2011 and the impact on the corporate sector of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry.

Written by leading legal scholars, Contemporary Australian Corporate Law will assist students to develop a critically informed understanding of corporate law and the role of corporations in contemporary society.

CONTEMPORARY AUSTRALIAN CORPORATE LAW SECOND EDITION

Stephen Bottomley, Kath Hall Peta Spender and Beth Nosworthy

SECOND EDITION

Stephen Bottomley is Professor of the ANU Law School at the Australian National University.

Bottomley, Hall, Spender and Nosworthy

ng scholar at Deakin University.

s a lecturer at the University of Dundee.

CASES AND MATERIALS

• detailed and thorough discussion of key concepts in commercial law

Contemporary Australian Corporate Law is a highly-regarded introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. It explores the rules, principles, doctrines and policies that constitute corporate law in Australia within their legal, social, economic and political contexts.

THAMPAPILLAI, BOZZI, GIANCASPRO & TIAN

es and Materials takes a practical approach to student rich pedagogy to build critical thinking and analysis skills, resource for contract law students.

The second edition includes:

AUSTRALIAN COMMERCIAL LAW

9781108796958 BOT TOMLEY ET AL – CONTEMPORARY AUSTRALIAN CORPORATE LAW 2E CMYK

levant analysis and commentary

national law

CONTRACT LAW

Second Edition

CONTEMPORARY AUSTRALIAN CORPORATE LAW

oice of cases, with succinct summaries and clear and

The scope and reach of commercial law are quite wide, and it has utility in many other areas of law. Fully revised and updated, Australian Commercial Law offers a comprehensive and accessible introduction to key aspects of commercial law in Australia. Part 1 introduces the fundamentals of contract law and business structures before examining the sale of goods, agency, bailment and personal property. Part 2 covers the Australian Consumer Law, focusing on areas important to commercial entities that interact with consumers, such as product liability, consumer guarantees and misleading and deceptive conduct. Part 3 examines international commercial law, providing a detailed introduction to the World Trade Organization and to agreements central to trade between countries.

AUSTRALIAN COMMERCIAL LAW

s of this casebook are its:

CONTRACT LAW CASES AND MATERIALS

ture of the Principles text, this text explores areas not other casebooks, such as resolving disputes, preparing reliminary agreements and interpreting contracts. Each lores contracts in international contexts.

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA, SPAGNOLO

nd Materials presents a selection of well-chosen cases and y ideal for introducing students to the study of contract loped to accompany Stewart, Swain and Fairweather’s s and Context (‘Principles text’), this casebook maintains Principles text while providing the depth and analysis of contract law.

Page 11

Kath Hall is Associate Professor of the ANU Law School at the Australian National University.

Peta Spender is Professor at the ANU Law School at the Australian National University.

DILAN THAMPAPILLAI, CLAUDIO BOZZI, MARK GIANCASPRO AND GEORGE YIJUN TIAN

Beth Nosworthy is a Senior Lecturer in the Adelaide Law School at the University of Adelaide.

or all questions ns of all flowcharts.

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intellectual property law llectual Property Law is an undergraduate and postgraduate her professionals working with

in the Centre for Commercial in the Faculty of Law at Monash former inaugural Director. She is l Property Committee of the Law

CRIME PREVENTION SUTTON CHERNEY WHITE CLANCEY PRINCIPLES, PERSPECTIVES AND PRACTICE

Crime, Deviance and Society An introduction to sociological criminology RODAS, SIMPSON, RAWLINSON, KRAMER, RYAN, TAYLOR, WALTERS, BECKLEY, CUNNEEN, GORE, PORTER, POYNTING, RUSSELL

THIRD EDITION

SPINE 40mm

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AUSTRALIAN INTELLECTUAL PROPERTY LAW

ate Professor in the School of nd a member of the Intellectual Law Council of Australia.

Anthony Marinac Caroline Hart Rhianna Chisholm Jennifer Nielsen Asmi Wood Adrian Evans Sarah McKibbin

MARK J. DAVISON ANN L. MONOTTI LEANNE WISEMAN

M Lund Photography Inc

23/1/20 11:32 SPINE 40mm

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SECOND EDITION

DAVISON, MONOTTI & WISEMAN

or in the Centre for Commercial in the Faculty of Law at Monash with Knightsbridge Lawyers and l Property Committee of the Law

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LEARNING LAW

comprehensive discussion of the aw with its primary emphasis plexities. The content has been accessibility: The book now and related regimes such as ghts and circuit layouts, followed nformation, patents and plant trademarks including passing off. neral aspects of enforcement of es that are particularly pertinent

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AUSTRALIAN INTELLECTUAL PROPERTY LAW FOURTH EDITION

lian Intellectual Property d comprehensive, yet concise of intellectual property law roughly revised to cover the n intellectual property law, aw and the proposed and enacted ht Act 1968 (Cth), the Patents nt Breeder’s Rights Act 1994 he recommendations of the 2016 quiry report, Intellectual Property

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14-07-2020 23:41:33

Technology Law

Constitutional, Administrative & Public Law

Australian Constitutional Law Concepts and Cases Available Now

2019, 247 x 174 mm, 552 pp 9781108701037 | Paperback (also available as an eBook) Luke Beck, Monash University

Australian Constitutional Law: Concepts and Cases is a highly accessible, clear and methodical overview of Australian constitutional law, integrating theory and doctrine. It is both comprehensive and concise.

This book takes a conceptual rather than chronological approach to topics. With focussed rather than lengthy case extracts, the book explains what the law is and why various interpretations have been adopted. Clear explanations enable students to understand and engage with constitutional law, including its complexity and nuance. The book’s explicit linkages between topics and clear delineation between case extracts and commentary help students make sense of Australian constitutional law as a whole.

• • • • • • •

4

Explores significant constitutional law cases and principles in a way that is accessible to law students Topics and principles are explained to students in the commentary The commentary also guides students through the focussed extracts Crisp and clear writing provides an approachable, easy to read and engaging text Logical table of contents structure Clear delineation between commentary and extracts, and care taken in the design to ensure ease of navigation Mix of conceptual and discussion questions for each chapter designed to facilitate student thinking and discussion about how the law has evolved and how the law applies

www.cambridge.org/academic

Contents Part I. Introduction 1. Introduction to Australian constitutional law Part II. Legislative Powers 2. State legislative powers 3. Constitutional method: interpretation, characterisation and invalidity 4. Trade and commerce power 5. Corporations power 6. External affairs power 7. Immigration and aliens powers 8. Constitutional alteration and the race power Part III. Limitations on powers 9. Acquisition of property on just terms 10. Freedom of religion 11. Implied freedom of political communication 12. Freedom of interstate trade, commerce and intercourse Part IV. The Federal Parliament 13. The Federal Parliament 14. Choosing members of Federal Parliament Part V. The Courts and Judicial Power 15. Separation of judicial power 16. The scope of federal judicial power 17. Non-judicial detention 18. Institutional integrity of courts Part VI. The Federal Executive 19. Federal Executive Power 20. Power to spend money Part VII. Federalism 21. Inconsistency between federal laws 22. Intergovernmental immunities 23. Rights of out of state residents

Anna Olijnyk is a Lecturer at the Adelaide Law School, University of Adelaide.

Cover image: © Getty Images/Atypeek

GOVERNMENT

ACCOUNTABILITY–

AUSTRALIAN ADMINISTRATIVE LAW SOURCES

AND

Available Now

MATERIALS

2018, 247 x 174 mm, 468 pp 9781316643976 | Paperback (also available as an eBook)

JUDITH BANNISTER ANNA OLIJNYK

BANNISTER OLIJNYK

This text is available as a value bundle 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. This provides students with a holistic approach to the content and contributes to a more authentic learning experience.

MATERIALS

Judith Bannister is Associate Professor at the Adelaide Law School, University of Adelaide.

AND

2018, 247 x 174 mm, 520 pp 9781316636695 | Paperback (also available as an eBook)

SOURCES

Available Now

G O V E R N M E N T A CCO U N TA B I L I T Y –

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 in-depth 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.

AUSTRALIAN ADMINISTRATIVE LAW

9781108643979 BANNISTER, OLIJNYK, MCDONALD - GOVERNMENT ACCOUNTABILITY AUSTRALIAN ADMINISTRATIVE LAW CMYK

Constitutional, Administrative & Public Law

Government Accountability

Government Accountability

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

Judith Bannister, University of Adelaide Anna Olijnyk, 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.

Contents

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 in-depth introduction to the principal areas of administrative law taught in Australia.

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.

GOVERNMENT

ACCOUNTABILITY–

AUSTRALIAN ADMINISTRATIVE LAW SOURCES

AND

MATERIALS

JUDITH BANNISTER ANNA OLIJNYK

BANNISTER OLIJNYK

Cover image: © Getty Images/Atypeek

MATERIALS

This text is available as a value bundle 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. This provides students with a holistic approach to the content and contributes to a more authentic learning experience.

AND

Anna Olijnyk is a Lecturer at the Adelaide Law School, University of Adelaide.

SOURCES

Judith Bannister is Associate Professor at the Adelaide Law School, University of Adelaide.

G O V E R N M E N T A CCO U N TA B I L I T Y –

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 in-depth 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.

AUSTRALIAN ADMINISTRATIVE LAW

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

Australian Administrative Law Sources and Materials

9781108643979 BANNISTER, OLIJNYK, MCDONALD - GOVERNMENT ACCOUNTABILITY AUSTRALIAN ADMINISTRATIVE LAW CMYK

Australian Administrative Law Second Edition

Government Accountability Bundle Australian Administrative Law Second Edition & Australian Administrative Law Sources and Materials 9781316642719

www.cambridge.org/academic

5

Constitutional, Administrative & Public Law

Available Now

Available Now

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

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

The Constitution of the Commonwealth of Australia 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

6

www.cambridge.org/academic

The Veiled Sceptre Reserve Powers of Heads of State in Westminster Systems 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.

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

Energy Law

Available Now

Available Now

2017, 248 x 175 mm, 470 pp 9781107679795 | Paperback (also available as an eBook)

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

The Foundations of Australian Public Law State, Power, Accountability Anthony J. Connolly, Australian National University In The Foundations of Australian Public Law, Dr 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. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning.

Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of Public Law across Australia’s federal, state and territory jurisdictions.

Mining and Energy Law Samantha Hepburn, Deakin University 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

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 and unmaking law 6. Administration: governing lawfully 7. Adjudication: delimiting state power 8. Validation: reviewing state action 9. Protection: human rights and Australian public law 10. Direction: future trends in Australian public law.

www.cambridge.org/academic

7

Contract Law

STEWART SWAIN FAIRWEATHER

CONTRACT LAW PRINCIPLES AND CONTEXT

Contract Law

CONTRACT LAW PRINCIPLES AND CONTEXT

STEWART, SWAIN AND FAIRWEATHER

Principles and Context Available Now

2019, 247 x 174 mm, 541 pp 9781107687486 | Paperback (also available as an eBook) Andrew Stewart, University of Adelaide Warren Swain, University of Auckland Karen Fairweather, University of Auckland

Written for Australian law students, Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution.

The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them.

• •

•

•

8

Clear and engaging writing style Presents the development of contract law through cases that are both authoritative and used as factual examples to explain the law Takes the reader to particular issues with contracts as they might arise in real life and then navigates a legal pathway through them Discrete chapters on areas not traditionally covered such as Resolving Disputes, Preparing to Make a Contract, Preliminary Agreements, Interpreting Contracts

www.cambridge.org/academic

Contents Part I. Introduction 1. Some basic questions 2. Themes and perspectives 3. Resolving contractual disputes Part II. Making a Contract 4. Preparing to make a contract 5. Formation 6. Preliminary agreements 7. Protecting reliance: the doctrine of Estoppel 8. The parties to a contract Part III. Contractual Obligations 9. Terms and obligations 10. Interpreting contracts 11. Limiting or extending liability 12. Performance of contractual obligations Part IV. Adjusting a Contract 13. Varying terms 14. Transferring rights and obligations 15. Impossibility and change of circumstances Part V. Ending A Contract 16. Termination of contracts 17. Consequences of termination Part VI. Vitiating Factors and Unfair Conduct 18. Misinformation 19. Undue pressure 20. Unconscionability and unfairness 21. Illegality and public policy Part VII. Remedies 22. Enforcing a contract 23. Damages for breach of contract 24. Restitutionary remedies

Contract Law

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA, SPAGNOLO

NEW

Contract Law

CONTRACT LAW CASES AND MATERIALS

Cases and Materials

CONTRACT LAW

Available October 2020

CASES AND MATERIALS

247 x 174 mm, 859 pp 9781108435277 | Paperback (also available as an eBook)

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA AND SPAGNOLO

Kenneth Yin, Edith Cowan University Simon Kozlina, Western Sydney University Kelly Green, Deakin University Luca Siliquini-Cinelli, University of Dundee Emmanuel Laryea, Monash University Lisa Spagnolo, Monash University

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather’s Contract Law: Principles and Context, this casebook maintains the accessibility of the principles text while providing the depth and analysis of topics required to learn contract law.

Following the structure of the principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements and interpreting contracts. Each chapter also briefly explores contracts in international contexts. Containing well-chosen, carefully curated cases and extracts, Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

• A chapter on international contract law with additional end-ofchapter ‘international context’ sections for each topic • Pedagogical features include flow charts, overview tables explaining key concepts and links to the principles text, review questions and end-of-chapter problems • Accompanies Stewart, Swain and Fairweather’s Contract Law: Principles and Context

Coming Soon

Cover image: © Getty Images/MirageC

9781108435277 - YIN - CONTRACT LAW: CASES AND MATERIALS CMYK

Karen Fairweather is a Senior Lecturer in the Faculty of Law at the University of Auckland.

CONTRACT LAW

The hallmark features of this casebook are its:

• coverage and choice of cases, with succinct summaries and clear and concise extracts

PRINCIPLES AND CONTEXT

• considered and relevant analysis and commentary • coverage of international law

• extensive internal pedagogy including flowcharts and numerous review questions.

STEWART, SWAIN AND FAIRWEATHER

Contract Law: Cases and Materials takes a practical approach to student learning and integrates rich pedagogy to build critical thinking and analysis skills, making it an invaluable resource for contract law students.

Kenneth Yin is a lecturer at Edith Cowan University.

Simon Kozlina is a lecturer at Western Sydney University.

Kelly Green is a teaching scholar at Deakin University.

Luca Siliquini-Cinelli is a lecturer at the University of Dundee.

Emmanuel Laryea is Associate Professor at Monash University.

Lisa Spagnolo is a Senior Lecturer at Monash University.

Online instructor resources www.cambridge.edu.au/academic/contractlaw

CONTRACT LAW CASES AND MATERIALS

Warren Swain is Professor of Law and Deputy Dean in the Faculty of Law at the University of Auckland.

CONTRACT LAW PRINCIPLES AND CONTEXT

Andrew Stewart is the John Bray Professor of Law at the University of Adelaide and works as a consultant with the national law firm Piper Alderman.

Following the structure of the Principles text, this text explores areas not traditionally covered in other casebooks, such as resolving disputes, preparing to make a contract, preliminary agreements and interpreting contracts. Each chapter also briefly explores contracts in international contexts.

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA, SPAGNOLO

STEWART SWAIN FAIRWEATHER

Contract Law: Cases and Materials presents a selection of well-chosen cases and illuminating commentary ideal for introducing students to the study of contract law in Australia. Developed to accompany Stewart, Swain and Fairweather’s Contract Law: Principles and Context (‘Principles text’), this casebook maintains the accessibility of the Principles text while providing the depth and analysis of topics required to learn contract law.

Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law.

The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them.

Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

CONTRACT LAW CASES AND MATERIALS

YIN, KOZLINA, GREEN, SILIQUINI-CINELLI, LARYEA AND SPAGNOLO

Resources include: • suggested answers for all questions • downloadable versions of all flowcharts.

Cover image: © Getty Images/MirageC

Contract Law Bundle

Principles and Context & Cases and Materials Available October 2020

Contents Part I: Introduction 1. Some basic questions 2. Themes and perspectives 3. Resolving contractual disputes Part II: Making a contract 4. Preparing to make a contract 5. Formation 6. Preliminary agreements 7. Protecting reliance: the doctrine of Estoppel 8. The parties to a contract Part III: Contractual obligations 9. Terms and obligations 10. Interpreting contracts 11. Limiting or extending liability 12. Performance of contractual obligations Part IV: Adjusting a contract 13. Varying terms 14. Transferring rights and obligation 15. Impossibility and change of circumstances Part V: Ending a contract 16. Termination of contracts 17. Consequences of termination Part VI: Vitiating factors and unfair conduct 18. Misinformation 19. Undue pressure 20. Unconscionability and unfairness 21. Illegality and public policy Part VII: Remedies 22. Enforcing a contract 23. Damages for breach of contract 24. Restitutionary remedies Part VIII: International aspects of contract law 25. Contract law in the international context

www.cambridge.org/academic

9

NEW

Second Edition

AUSTRALIAN COMMERCIAL LAW

AUSTRALIAN COMMERCIAL LAW

THAMPAPILLAI, BOZZI, GIANCASPRO & TIAN

w.

Corporate & Commercial Law/Corporate Governance

DILAN THAMPAPILLAI, CLAUDIO BOZZI, MARK GIANCASPRO AND GEORGE YIJUN TIAN

Australian Commercial Law Second Edition Available June 2020

247 x 174 mm, 572 pp 9781108728492 | Paperback (also available as an eBook) Dilan Thampapillai, Australian National University Claudio Bozzi, Deakin University Mark Giancaspro, University of Adelaide George Tian, University of Technology Sydney

The scope and reach of commercial law is quite wide, and it has utility in many other areas of law. Fully revised and updated, Australian Commercial Law offers a comprehensive and accessible introduction to key aspects of commercial law in Australia. Part 1 introduces the fundamentals of contract law and business structures before examining the sale of goods, agency, bailment and personal property. Part 2 covers Australian consumer law, focusing on areas important to commercial entities that interact with consumers, such as product liability, consumer guarantees and misleading and deceptive conduct. Part 3 examines international commercial law, providing a detailed introduction to the World Trade Organization and to agreements central to trade between countries.

• • • • •

10

Detailed and thorough discussion of key concepts in commercial law Four new chapters on contract law basics, business structures, bankruptcy and international commercial law Thorough integration of digital and e-commerce transactions throughout the text End-of-chapter discussion questions designed to test reader knowledge of key points and themes Companion resources website with guided responses to discussion questions and PPTs

www.cambridge.org/academic

Contents Part 1: Australian Commercial Law 1. Contract law and commercial regulators 2. Business structures 3. Personal property 4. Sale of goods 5. Transfer of property 6. Price and delivery 7. Agency law 8. Bailment 9. Personal Property Securities Act 10. Contracts of guarantee 11. Insurance 12. Bankruptcy Part 2: Australian Consumer Law 13. Unfair contract terms 14. Product liability 15. Consumer guarantees 16. Unconscionable conduct 17. Misleading and deceptive conduct Part 3: International Commercial Law 18. International commercial law

Corporate & Commercial Law/Corporate Governance

NEW

Contemporary Australian Corporate Law CONTEMPORARY AUSTRALIAN CORPORATE LAW

CONTEMPORARY AUSTRALIAN CORPORATE LAW SECOND EDITION

Stephen Bottomley, Kath Hall Peta Spender and Beth Nosworthy

SECOND EDITION

Second Edition

Available October 2020

247 x 174 mm, 652 pp 9781108796958 | Paperback (also available as an eBook)

Bottomley, Hall, Spender and Nosworthy

Stephen Bottomley, Australian National University Kath Hall, Australian National University Peta Spender, Australian National University Beth Nosworthy, University of Adelaide

Contemporary Australian Corporate Law is a highly-regarded introduction to corporate law in Australia that provides an authoritative, contextual and critical analysis of the law governing Australian corporations and financial markets. It explores the rules, principles, doctrines and policies that constitute corporate law in Australia within their legal, social, economic and political contexts.

Clearly and precisely written, this edition has been thoroughly updated and refined to reflect current Australian corporate law, including recent case law, changes to the Corporations Act 2011 and the impact on the corporate sector of the Financial Services Royal Commission.

•

•

•

Explains the rules, principles, doctrines and policies that, together, constitute corporate law in Australia to students taking their first course in corporate law Locates rules in their legal, social, economic and political context to provide deeper understanding and to recognise how corporations have become an integral part of the contemporary social fabric The authors’ experience of teaching corporate law for many years brings a logical order to the subject matter with clarity, insight and technical excellence

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

www.cambridge.org/academic

11

Fourth edition

Mark A. Drumbl, Director, Transnational Law Institute, Washington and Lee University ‘This book comes as a gift from heaven for those interested in and concerned about international criminal justice at this critical juncture in time.’

Christine Van den Wyngaert, Judge at the Specialist Chambers for Kosovo, former

Available Now

judge at the ICJ (ad hoc), ICTY and ICC

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

International criminal law has witnessed a rapid rise since the end of the Cold War. The United Nations refers to the birth of a new ‘age of accountability’, but certain historical objections, such as selectivity or victor’s justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in sociolegal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation.

Linking discussion of legal theories, case law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas:

• The shifting contours of criminality and international crimes

• The tension between individual and collective responsibility • The challenges of domestic, international, hybrid and regional justice institutions • The foundations of justice procedures • Approaches towards punishment and reparation The book is suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law.

Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School, and is a former legal officer at the International Criminal Court. He has published eleven books and more than seventy articles/essays in different fields of

A Critical Introduction to

I N T ER N AT I O N A L CR I M I N A L L AW

A Critical Introduction to I N T ER N AT I O N A L CR I M I N A L L AW

Contemporary Corporate Governance

‘This book is monumental in its scope, breathtaking in its depth, stunning in its rigour and insightful in its tone. Carsten Stahn says it all, and says it all so well.’

Criminal Law

Stahn

Principles of

9 78110 8 4 3 6 3 9 7 S TA H N – A C R I T I C A L I N T R O D U C T I O N T O I N T E R N AT I O N A L C R I M I N A L L AW C O V E R C M Y K

Corporate & Commercial Law/Corporate Governance

Carsten Stahn

Available Now

2018, 247 x 174 mm, 464 pp 9781108436397 | Paperback (also available as an eBook)

international law and international justice.

This title is also available as Open Access on Cambridge Core at www.cambridge.org/core

Cover illustration: Okinawa © Alexis Portilla.

Jean Jacques du Plessis Anil Hargovan Jason Harris

Principles of Contemporary Corporate Governance

A Critical Introduction to International Criminal Law

Fourth Edition

Carsten Stahn, Universiteit Leiden

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 realworld application in an authoritative and engaging manner.

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.

Contents Part 1. Basic Concepts, Board Structures and Company Officers. 1. The concepts of ‘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

12

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International criminal law has witnessed a rapid rise after the end of the Cold War. The UN refers to the birth of a new ‘age of accountability’, but certain historical objections, such as selectivity or victor’s justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored.

Various critiques have emerged in sociolegal scholarship or globalisation discourse, revealing that there is a stark discrepancy between reality and expectation.

Suitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core.

Contents 1.

2.

3.

4.

5.

6.

International crimes Individual and collective responsibility The global institutional architecture International criminal justice procedures Remedying wrong Beyond the status quo: Re-thinking international criminal law

Criminal Law

NEW

Crime, Deviance and Society

An Introduction to Sociological Criminology Available October 2020

Crime, Deviance and Society An introduction to sociological criminology RODAS, SIMPSON, RAWLINSON, KRAMER, RYAN, TAYLOR, WALTERS, BECKLEY, CUNNEEN, GORE, PORTER, POYNTING, RUSSELL

247 x 174 mm, 500 pp 9781108430302 | Paperback (also available as an eBook) Ana Rodas, Western Sydney University Melanie Simpson, NSW Department of Justice Paddy Rawlinson, Western Sydney University Ronald Kramer, University of Auckland Emma Ryan, Deakin University Emmeline Taylor, City University of London Reece Walters, Deakin University Alan Beckley, Western Sydney University Chris Cuneen, University of Technology Sydney Ashlee Gore, Western Sydney University Amanda Porter, University of Melbourne Scott Poynting, Western Sydney University Emma Russell, La Trobe University

Crime, Deviance and Society: An Introduction to Sociological Criminology offers a comprehensive introduction to criminological theory.

The book introduces readers to key sociological theories, such as anomie and strain, and examines how traditional approaches have influenced the ways in which crime and deviance are constructed. It provides a nuanced account of contemporary theories and debates, and includes chapters covering feminist criminology, critical masculinities, cultural criminology, green criminology, and postcolonial theory, among others.

Case studies in each chapter demonstrate how sociological theories can manifest within and influence the criminal justice system, while ‘social control link’ examples draw connections to social policy. Each chapter also features margin definitions and timelines of contributions to key theories and theorists to reinforce key concepts, reflection questions and end-of-chapter questions that prompt students to engage critically with contemporary discourses.

Written by an expert team of academics from Australia, New Zealand and the United Kingdom, Crime, Deviance and Society is a highly engaging and accessible introduction to the field for students of criminology and criminal justice.

•

• • • • •

Contents 1. Introduction: explaining crime and deviance 2. The origins and influence of positivist thought 3. Place and crime 4. Anomie and strain 5. Deviant and criminal subcultures 6. Labelling: constructing crime and deviance 7. Indigeneity, race and criminal justice 8. Women, punishment and victimisation 9. Masculinity, crime and criminology 10. The surveillance society and social control 11. Political economy and crimes of the powerful 12. Green criminology 13. Cultural criminology 14. The changing dimensions of crime and deviance

An accessible textbook for students of crime and deviance courses written by scholars from Australia, New Zealand and the United Kingdom A text dedicated to theorising crime and deviance, from traditional to contemporary approaches A ‘specialty’ text focussed on the analysis of theoretical concepts and their application to contemporary social issues Takes a sociological approach and motivates students to think sociologically about crime Inclusion of contemporary case studies Substantial lesson plans for instructors

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13

in

Available Now •

Offers a one-stop resource for the key texts important in international criminal law

•

Suited to students and practitioners alike, providing a companion for study, exam use and practice

•

Edited by a specialist in the field with more than twenty years’ experience of teaching international criminal law

2019, 247 x 174 mm, 620 pp 9781108741613 | Paperback (also available as an eBook & hardback) ‘This collection of documents is a “one-stop” source which should be within arm’s reach of anyone who wishes to research international criminal law.’

Professor Bruce ‘Ossie’ Oswald, Melbourne Law School and Director Asia Pacific Centre for Military Law.

Fourth Edition

H I GH L I GH TI N G K EY L EGI S L ATI ON

‘This book compiles in one place the key instruments that source international criminal law. The result is an accessible, tangible, and handy resource. In addition, Professor Cryer provides an introductory synthesis that situates these sources chronologically within an overall trajectory.’

Mark A. Drumbl, Class of 1975 Alumni Professor of Law, Washington and Lee University

Fourth Edition

‘It is, as Robert Cryer says in his introduction, a good basic collection of some of the more important documents.’

William A. Schabas, Professor of international law, Middlesex University

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CAMBRIDGE STATUTES This text collects the major documents on international criminal law, a subject of increasing importance at postgraduate and undergraduate level. Edited by a scholar with more than twenty years’ experience of teaching international criminal law, this book is ideal for use by students and practitioners.

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International Criminal Law Documents Edited by Robert Cryer

An Introduction to International Criminal Law and Procedure Fourth Edition Robert Cryer, University of Birmingham Darryl Robinson, Queen’s University Sergey Vasiliev, Universiteit van Amsterdam Written by a team of international lawyers with extensive experience of international criminal law, the fourth edition of this leading textbook offers readers comprehensive coverage and a high level of academic rigour while maintaining its signature accessible and engaging style.

Introducing the readers to the fundamental concepts of international criminal law, as well as the domestic and international institutions that enforce that law, this book engages with critical questions, political and moral challenges, and alternatives to international justice. Suitable for undergraduate and postgraduate students, academics and practitioners in the field, and cited by the International Criminal Tribunal for Yugoslavia, the International Criminal Court, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the highest courts in domestic systems, this book is a must-read for anyone interested in learning more about international criminal law.

Contents Part I. Introduction: 1. Introduction. 2. The aims, objectives and justifications of international criminal law. Part II. Prosecutions in National Courts: 3. Jurisdiction. 4. National prosecutions of international crimes. 5. State cooperation with respect to national proceedings. Part III. 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. Hybrid and special courts. Part IV. 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 V. International Criminal Procedure and Sentencing: 17. International criminal procedure. 18. Victims in the international criminal process. 19.

Punishment and sentencing. Part VI. 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.

Index.

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International Criminal Law Documents Robert Cryer, University of Birmingham This carefully edited text collects the major documents on International Criminal Law, through the early practice after the First World War, the Nuremberg and Tokyo International Military Tribunals up to the present. It includes the statutes of the ad hoc Tribunals for the former Yugoslavia and Rwanda, as well as the Rome Statute of the International Criminal Court and its associated documents, including the elements of crimes that were adopted to assist the Court, and its Rules of Procedure and Evidence.

Contents 1. Report of the Commission on the Responsibility of the War, and on their Punishment. 2. Treaty of Versailles. 3. Nuremberg International Military Tribunal (IMT) Statute. 4. Nuremberg IMT Rules of Procedure and Evidence (RoPE). 5. Control Council Law 10. 6. Tokyo IMT Statute. 7. Tokyo IMT RoPE. 8. Convention on the Prevention and Punishment of the Crime of Genocide. 9. Geneva Conventions (excerpts). 10. Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes Against Humanity.

11. International Convention on the Suppression and Punishment of the Crime of Apartheid. 12. Definition of Aggression (General Assembly Resolution 3314). 13. Additional Protocol I to the 1949 Geneva Conventions. 14. UN Convention against Torture. 15.

Secretary-General’s Report pursuant to Security Council Resolution 808. 16. International Criminal Tribunal for Former Yugoslavia (ICTY) and Residual Mechanism for the International Criminal Tribunals (MICT Statutes): Security Council Resolutions 827 and 1966. 17.

International Criminal Tribunal for Rwanda Statute. 18. International Law Commission (ILC) Draft Statute of an International Criminal Court. 19. ILC Draft Code of Crimes Against the Peace and Security of Mankind. 20. Rome Statute of the International Criminal Court (ICC) and 2010 Kampala Amendments. 21. ICC RoPE. 22. ICC Elements of Crimes. 23. UN-ICC Relationship Agreement (UN-ICC).

24. Special Court for Sierra Leone CSL and Residual Mechanism for the Special Court for Sierra Leone Statutes. 25. Agreement between UN and Cambodia relating to the Extraordinary Courts in the Chambers of Cambodia. 26. Special Tribunal for Lebanon Statute and Security Council Resolution 1757. 27. International Convention for the Protection of All Persons from Enforced Disappearances.

Criminal Law

NEW

Criminal Law Perspectives From Principles to Practice Available October 2020

247 x 174 mm, 900 pp 9781108868204 | Paperback interactive VitalSource eBook bundle (also available as an eBook) John Anderson, University of Newcastle Brendon Murphy, Australian Catholic University Ben Livings, University of South Australia Wendy Kukulies-Smith, Australian National University Natalia Antolak-Saper, Monash University Shireen Daft, Macquarie University

Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code. It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure.

Complex concepts are explained and contextualised by linking them to practical applications. Each chapter is supported by tools for selfassessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-ofchapter problems that promote student engagement and help students develop problem-solving skills and independent thinking.

Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.

• • • • •

Contents 1. Criminal Liability 2. Criminal Procedure 3. Summary Offences 4. Assaults and Threats 5. Sexual Offences 6. Homicide 7. Defences 8. Property Offences 9. Drug Offences 10. Federal Offences 11. Extending Criminal Responsibility

Written specifically for a one semester course Has a focus on prevalent summary offences Has coverage of substantive Federal offences Takes a comparative approach to covering the jurisdictions of NSW, ACT and Victoria Integrated, interactive print and ebook package containing extensive pedagogy to support student learning

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Criminal Law

CRIME PREVENTION SUTTON CHERNEY WHITE CLANCEY PRINCIPLES, PERSPECTIVES AND PRACTICE

NEW

Crime Prevention

Principles, Perspectives and Practice Third Edition Available November 2020

247 x 174 mm, 244 pp 9781108796965 | Paperback (also available as an eBook) Adam Sutton Adrian Cherney, University of Queensland Rob White, University of Tasmania Garner Clancey, University of Sydney

THIRD EDITION

Crime Prevention: Principles, Perspectives and Practices is a concise, comprehensive introduction to the theory and practice of crime prevention in Australia. Now in its third edition, it argues that crime prevention strategies should include both social and environmental prevention as an alternative to policing, criminal justice and ‘law and order’. It further argues that that principles of prevention can be applied to persistent crime problems such as theft, armed robbery, various forms of violence, malicious damage to property, and emerging problems that face society, such as terrorism, environmental threats, and cybercrime.

The new edition features two new chapters on environmental crime and counter-terrorism, and includes case studies, discussion questions and extension topics that highlight the links between the development and application of crime prevention approaches. An end-of-text glossary and reference list allows for a comprehensive lexicon of key issues and guidance for further research.

Written by an author team of highly experienced and respected criminology academics, the third edition of Crime Prevention continues to be a comprehensive and authoritative introduction to crime prevention both in Australia and abroad.

• • • • • •

16

Introduction to theories related to environmental crime prevention In-depth focus Accessible to students Authored by leaders in crime prevention Includes specific cases, empirical research and chapter summaries Has an Australian context

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Contents Part 1: Theory 1. Crime prevention and community safety in Australia 2. Key approaches and frameworks 3. Social prevention 4. Environmental prevention 5. Implementation and evaluation Part 2: Practice 6. From research to policy 7. Preventing violence 8. Counter-terrorism and crime prevention 9. Preventing environmental crime 10. The future of crime prevention

Dispute Resolution, Mediation and Arbitration

Criminal Law

Available Now

Available Now

2016, 247 x 174 mm, 444 pp 9781107565975 | Paperback (also available as an eBook)

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

Modern Criminal Law of Australia Second Edition Jeremy Gans, University of Melbourne This second edition of Modern Criminal Law of Australia builds on the unique, award-winning approach of the first edition, and retains the approachable and accessible structure and writing style.

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.

Extracts from legislation are highlighted and, new to this edition, current and pending problems in Australian criminal law are separately identified and investigated. Worked examples conclude each chapter and provide readers with a greater understanding of the application and practicalities of criminal law.

Modern Criminal Law of Australia satisfies the Priestley 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 practice 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

The Principles and Practices of International Commercial Arbitration 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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Dispute Resolution, Mediation and Arbitration

Effective Negotiation From Research to Results Fourth Edition Available Now

2019, 247 x 174 mm, 476 pp 9781108701297 | Paperback (also available as an eBook) Ray Fells, University of Western Australia Noa Sheer, University of New South Wales

The fourth edition of Effective Negotiation is newly reorganised to clearly and separately identify concepts, theories and practicalities of negotiation. The text provides an excellent coverage of negotiation without oversimplifying frameworks for strategy and communication. Moving past outdated modes of separating negotiations into distributive (competitive) and integrative (collaborative), the text’s real strength lies in its encouragement of a stage model of negotiation, ensuring that students receive a more practical and nuanced understanding of negotiation.

The text presents clear links between research and practice through Negotiation in Practice boxes and Negotiation Skills tips, and theory is reinforced by the new addition of well researched case studies appearing at the end of each chapter. An accompanying website is available for instructors.

• • •

Encourages a stage model of negotiation, where distributive and integrative negotiations are sub-processes Clear links between research and practice, reinforced by appropriate well researched case studies Includes an accompanying website for instructors

Contents 1. Why isn’t negotiation straightforward?

2. Negotiators are people, not robots 3. Establishing what can be achieved by negotiating 4. Strategically managing the negotiation process 5. Differentiation: managing the exchange of information 6. Exploration: finding a better outcome 7. Exchange: getting the other party to agree 8. Strategically managing deadlocks 9. Overcoming deadlocks through mediation 10. Negotiation in practice: negotiators building bridges on behalf of others 11. Negotiation in practice: managing negotiations in the workplace 12. Negotiation in practice: managing business negotiations 13. Cross-cultural negotiations: much the same but different 14. Conclusion: becoming an effective negotiator Companion Website The comprehensive companion websites includes the following resources: • An introductory document explaining how the resources fit together • Suggested responses to all in-text questions • Weblinks to useful media context for tutorial use • PowerPoints based on each chapter • Templates for mid-semester and reflective exams • Cross-cultural negotiation tutorial exercises • Group-based tutorial exercise on animal ethics • Group-based tutorial exercise on a property negotiation

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Dispute Resolution, Mediation and Arbitration

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)

Sixth Edition

The Peaceful Settlement of International Disputes

J. G. Merrills, University of Sheffield

Yoshifumi Tanaka, University of Copenhagen

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 and judicial settlement). It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement.

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

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 Index

International Dispute Settlement

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

Contents

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Dispute Resolution, Mediation and Arbitration

Employment Law

NEW

DISPUTE PROCESSES ADR and the Primary Forms of Decision-making

Michael Palmer and Simon Roberts

THIRD EDITION

Available September 2020

Available Now

244 x 170 mm, 432 pp 9781107687578 | Paperback (also available as an eBook and hardback)

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

Dispute Processes ADR and the Primary Forms of Decision-making Third Edition Michael Palmer, School of Oriental and African Studies, University of London Simon Roberts, London School of Economics and Political Science This wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Contents 1. Introduction. 2. Cultures of decision-making: precursors to the emergence of ADR. 3. The debates around civil justice and the movement towards procedural innovation. 4. Disputes and dispute processes. 5. Development of disputes, avoidance and self help. 6. Negotiations. 7. Mediation. 8. Umpiring: courts and tribunals. 9. Umpiring: arbitration. 10. Hybrid forms and processual experimentation. 11. The ombuds and its diffusion: from public to private. 12. ODR and its diffusion: from private to public. 13.

Institutionalisation of ADR. 14. Reflections. Appendix A. Some role plays.

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Employment, Labour and Industrial Law in Australia 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

Collins Ewing McColgan

Hugh Collins

K. D. Ewing

Aileen McColgan

S E CO N D E D I T I O N

L A BO U R L AW

L A BO U R L AW S ECO N D E D IT I O N

Available Now

Available Now

2019, 247 x 174 mm, 1000 pp 9781108462211 | Paperback (also available as an eBook)

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

Labour Law Second Edition Hugh Collins, University of Oxford Keith Ewing, King’s College London Aileen McColgan, King’s College London Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues.

Fully updated with recent developments in the field, the text’s clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject.

Contents Part I. 1. Nature and sources of labour law. 2. Globalisation and labour law. Part II. The Contract of Employment: 3. Terms of the contract of employment. 4. Authority and co-operation. 5. Flexibility and precarious work. 6. The personal scope of labour law. Part III. Statutory Regulation of the Employment Relationship: 7.

Wages. 8. Working time. 9. Equality. 10. Work/life balance. 11. Civil liberties at work. Part IV. Collective Labour Rights: 12. Freedom of association and the right to organise. 13. Freedom of association and trade union autonomy. 14. The right to bargain collectively. 15.

The right to be informed and consulted. 16. Collective action and the right to strike. 17. Liability for collective action. Part V. Termination of Employment: 18. Wrongful dismissal 19. Unfair dismissal. 20.

Economic dismissal.

Equality and Discrimination Law in Australia: An Introduction 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

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Environmental Law

Available Now

Available Now

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

2018, 254 x 174 mm, 594 pp 9781108438117 | Paperback (also available as an eBook)

Principles of International Environmental Law

International Environmental Law

Fourth Edition

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

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

Second Edition

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,

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.

Contents

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.

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

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Equity & Trusts

Bryan, Degeling, Donald and Vann

2017, 247 x 174 mm, 448 pp 9781316621943 | Paperback (also available as an eBook) Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.

Written in an accessible way by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia encourages students to engage with the principles of equity and the law of trusts and to understand their real-world applications.

M W Bryan is Emeritus Professor at Melbourne University Law School.

S E Degeling is Professor of Law in the Law School at the University of New South Wales and General Editor of the Journal of Equity.

M S Donald is Senior Lecturer and Director – Centre for Law, Markets and Regulation in the Law School at the University of New South Wales.

V J Vann is Adjunct Associate Professor at Monash University and is admitted to practice in both Queensland and Victoria.

A Sourcebook on

Available Now

EQUITY & TRUSTS

2019, 247 x 174 mm, 696 pp 9781108703109 | Paperback (also available as an eBook)

in Australia

M W Bryan, S E Degeling, M S Donald and V J Vann

Second Edition

Cover image: © Getty Images/friztin

Equity and Trusts in Australia Second Edition Michael Bryan, University of Melbourne Vicki Vann, Monash University Susan Barkehall Thomas, 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.

Contents

Second Edition Michael Bryan, University of Melbourne Vicki Vann, Monash University Susan Barkehall Thomas, Monash University The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court.

Contents Same as ‘Equity and Trusts in Australia’

Available Now Bryan, Degeling, Donald and Vann

The second edition of 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 second edition textbook.

This casebook follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions.

Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.

Written in an accessible way by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia encourages students to engage with the principles of equity and the law of trusts and to understand their real-world applications.

M W Bryan is Emeritus Professor at Melbourne University Law School.

S E Degeling is Professor of Law in the Law School at the University of New South Wales and General Editor of the Journal of Equity.

M S Donald is Senior Lecturer and Director – Centre for Law, Markets and Regulation in the Law School at the University of New South Wales.

V J Vann is Adjunct Associate Professor at Monash University and is admitted to practice in both Queensland and Victoria.

A SOURCEBOOK ON EQUITY AND TRUSTS IN AUSTRALIA Second Edition

Part A: Introduction. 1. An overview of equity (primary text only).

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: Nonconsensual Trusts. 22. Resulting trusts. 23. Constructive trusts.

24. Termination and variation of trusts (sourcebook only).

A Sourcebook on Equity and Trusts in Australia

9781108703109 BRYAN, DEGELING, DONALD, VANN, SOURCEBOOK EQUITY AND TRUSTS IN AUSTRALIA C M Y K

9781108703109 BRYAN, DEGELING, DONALD, VANN, SOURCEBOOK EQUITY AND TRUSTS IN AUSTRALIA C M Y K

This casebook follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions.

A SOURCEBOOK ON EQUITY AND TRUSTS IN AUSTRALIA

The second edition of 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 second edition textbook.

Available Now

Second Edition

Second Edition

A Sourcebook on

EQUITY & TRUSTS in Australia

M W Bryan, S E Degeling, M S Donald and V J Vann

Cover image: © Getty Images/friztin

Equity and Trusts in Australia Bundle Equity and Trusts Second Edition Textbook & Second Edition Sourcebook www.cambridge.org/academic

23

Evidence Law

AUSTR ALIAN

AUSTR ALIAN

Australian Uniform Evidence Law Available Now

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

• • •

•

•

24

Clear, easy to read and written for students Written for a one semester course A hybrid textbook and casebook that introduces basic concepts first and then provides clear summaries and explanations of the rules to help students understand the application of the Act Internal pedagogy for each chapter to help build student skills including: key points summary, key terms and definitions, end of chapter practice problems with responses in appendix Chapter 14: ‘Putting it together’ provides practice problems that bring the concepts and rules learned in the previous chapters together to demonstrate how the topics interrelate with each other

www.cambridge.org/academic

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

Family Law

Health Law

Available Now

Available Now

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

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

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. Studying family law 2. The family law and its institutions 3. Marriage and marriage-like relationships 4. Divorce and violence in family law 5. Financial relations 6. Spousal maintenance 7. Private ordering of financial relations 8. 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 Frameworks and Context 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.

www.cambridge.org/academic

25

Intellectual Property Law SPINE 40mm

AUSTRALIAN INTELLECTUAL PROPERTY LAW FOURTH EDITION

FOURTH EDITION

NEW

Australian Intellectual Property Law

AUSTRALIAN INTELLECTUAL PROPERTY LAW

Fourth Edition Available Now

2020, 247 x 174 mm, 718 pp 9781108746953 | Paperback (also available as an eBook)

DAVISON, MONOTTI & WISEMAN

Mark J. Davison, Monash University Ann L. Monotti, Monash University Leanne Wiseman, Griffith University

MARK J. DAVISON ANN L. MONOTTI LEANNE WISEMAN 23/1/20 11:32 SPINE 40mm

The fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible, discussion of intellectual property law in Australia. It has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder’s Rights Act 1994 (Cth) made in response to the recommendations of the 2016 Productivity Commission inquiry report, Intellectual Property Arrangements.

The new edition provides a comprehensive discussion of the black letter aspects of the law with its primary emphasis on legal principles and complexities. The content has been restructured for clarity and accessibility: The book now commences with copyright and related regimes such as protection for performers’ rights and circuit layouts, followed by design law, confidential information, patents, plant breeder’s rights, and finally trademarks and passing off. The final chapter covers general aspects of enforcement of legal rights and civil remedies that are particularly pertinent to intellectual property.

• • • • • •

26

Exemplary in terms of coverage, currency, structure and clarity of exposition Accessible for undergraduates Strikes the right balance in terms of breadth of material covered and the depth in which it is explored Clear, concise language Highly respected researchers in the field Covers a regime of IP topics each designed to be self-contained with each topic dealing with the history of that regime, the Australian law on the topic and, to some extent, the international aspects as they impact on Australian law and practice

www.cambridge.org/academic

Contents Part I: Introduction 1. Introduction Part II: Copyright, Designs and Related Rights 2. Copyright: Introduction 3. Copyright: Subsistence 4. Copyright: Authorship, first ownership, and nature and duration of rights 5. Copyright: Exploitation, infringement and defences 6. Areas related to copyright: Moral right, performers’ rights, artist’s resale rights, and other rights 7. Designs Part III: Confidential Information, Patents and Plant Breeder’s Rights 8. Equitable doctrine of breach of confidence 9. Patents for inventions: Introduction 10. Patents for inventions: Validity 11. Patents for inventions: Allocation of rights and ownership, the Register and dealings 12. Patents for inventions: Exploitation, infringement and revocation 13. Plant breeder’s rights Part IV: Trade Marks 14. Passing off 15. Registered trade marks 16. Exploitation of registered trade marks Part V: Enforcement of Rights 17. Remedies and miscellaneous issues

International Economic & Trade Law/WTO law

Available Now

Available Now

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

2018, 246 x 173 mm, 578 pp 9781316632208 | Paperback (also available as an eBook)

International Investment Law and Arbitration

The Law and Policy of the World Trade Organization

Commentary, Awards and other Materials

Text, Cases and Materials Fourth Edition

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.

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

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

www.cambridge.org/academic

27

International Human Rights Law

‘In a sea of human rights textbooks, International

This unique textbook merges human rights law

Human Rights Law and Practice by Professor

with its practice, from the courtroom to the battlefield. Human rights are analysed in their particular context and the authors assess, among

“why” and the “how” of human rights. The text

other things, the impact of international finance,

is unique in its detailed yet accessible practice

the role of NGOs, and the protection of rights in

focus. It is a key text for all students of human

times of emergency, including the challenges

rights law who are interested in understanding

posed by counter-terrorism. In parallel, a

Available Now

2017, 228 x 152 mm, 472 pp 9781316621172 | Paperback (also available as an eBook) how to apply the law to an array of practical

series of interviews with practitioners, case

situations. The text is filled with case studies

studies and practical applications offer multiple

and interviews with human rights defenders

perspectives and challenging questions on

from all corners of the world, which help to shed

the effective implementation of human rights.

light on complex topics. I have consistently

Although the book comprehensively covers the

recommended this textbook to my human rights

traditional areas of international human rights

master’s students who are interested in careers in

law, including its regional and international legal

human rights practice. The third edition is greatly

and institutional framework, it also encompasses

expanded with much new material, including new

through distinct chapters or large sections areas

case studies and interviews and a new section

that have a profound impact on human rights

on the human rights of vulnerable groups and

worldwide, such as women’s rights, human rights

persons.’

and globalisation, refugees and migration, human

CA RL A FERSTM A N

rights obligations of non-state actors, debt and

Senior Lecturer in Law, University of Essex

human rights and others.

‘Professor Bantekas and Dr Oette’s book on

ILIA S B A NTEK A S is Professor of International

international human rights law and practice has

Law and Arbitration, Hamad bin Khalifa University

over the years been established as an essential

(Qatar Foundation), College of Law.

point of reference and as an authoritative contribution for those teaching, learning or

LUTZ OE T TE is a Reader in International Law at

practising international human rights. The

SOAS, University of London and Director of the

third edition comes to enrich the topics covered

SOAS Centre for Human Rights Law.

in the book with yet more analysis, examples and resources, as well as to introduce the topic concerning the human rights of vulnerable groups and persons. Well-written and well-researched, the book succeeds, once again, to provide a well-

INTERNATIONAL HUMAN RIGHTS LAW AND PRACTICE Third Edition

Ilias Bantekas and Dr Lutz Oette stands out as a fresh explanation not only of the “what” but of the

Bantekas and Oette

9781108711753 BANTEK AS & OETTE – INTERNATIONAL HUMAN RIGHTS L AW AND PRACTICE COVER C M Y K

Jurisprudence

INTERNATIONAL HUMAN RIGHTS LAW AND PRACTICE Ilias Bantekas and Lutz Oette Third Edition

NEW Available May 2020

247 x 174 mm, 920 pp 9781108711753 | Paperback (also available as an eBook)

rounded and in-depth analysis of some of the most contemporary global challenges concerning the protection of human rights, both in theory and in practice.’

ELEN A K ATSELLI Senior Lecturer in Law, Newcastle University

Cover illustration: © Safia Ishaq Mohamed.

FONTS USED FROM THE ADOBE CLOUD: URW DIN

Jurisprudence Third Edition

International Human Rights Law and Practice

Suri Ratnapala, University of Queensland

Third Edition

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.

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

28

www.cambridge.org/academic

Ilias Bantekas, Hamad bin Khalifa University Lutz Oette, School of Oriental and African Studies, University of London This unique textbook merges human rights law with its practice, from the courtroom to the battlefield. Human rights are analysed in their particular context, and the authors assess, among other things, the impact of international finance, the role of NGOs, and the protection of rights in times of emergency, including the challenges posed by counter-terrorism. In parallel, a series of interviews with practitioners, case studies and practical applications offer multiple perspectives and challenging questions on the effective implementation of human rights. Although the book comprehensively covers the traditional areas of international human rights law, including its regional and international legal and institutional framework, it also encompasses, through distinct chapters or large sections, areas that have a profound impact on human rights worldwide, such as women’s rights, human rights and globalisation, refugees and migration, human rights obligations of non-state actors, debt and human rights, and others.

Contents 1. International human rights law and notions of human rights: foundations, achievements and challenges. 2. International human rights law: the normative framework. 3. Human rights in practice.

4. The United Nations Charter system. 5. The UN human rights treaty system. 6. Regional human rights treaty system. 7. Individual complaints procedures. 8. Civil and political rights. 9. Economic, social and cultural rights. 10. Group rights: self-determinations, minorities and indigenous peoples. 11. The human rights of women.

12. Children’s rights. 13. The recognition and protection of the human rights of vulnerable groups and persons. 14. The right to development and sustainable development. 15. Victims’ rights and reparation. 16. The application of human rights in armed conflict.

17. Human rights and international criminal justice. 18. Human rights and counter-terrorism. 19. Human rights obligations of nonstate actors. 20. Globalisation and its impact on human rights.

International Human Rights Law

De Schutter

Olivier De Schutter

THIRD EDITION

INTERNATIONAL HUMAN RIGHTS LAW

INTERNATIONAL HUMAN RIGHTS LAW Cases, Materials, Commentary

T HIR D E D I T I O N

Available Now

Available Now

2019, 247 x 174 mm, 1100 pp 9781108463560 | Paperback (also available as an eBook)

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

International Human Rights Law Cases, Materials, Commentary Third Edition

International Human Rights Law Documents Edited by

Olivier De Schutter, Université Catholique de Louvain

Urfan Khaliq, Cardiff University

International human rights law has expanded remarkably since the 1990s. It is therefore more important than ever to identify, beyond specific controversies, its deeper structure and the general pattern of evolution. Moreover, it has a logic of its own: though part of international law, it borrows many of its principles from domestic constitutional law. This leading textbook meets both challenges. It has been significantly updated for the new third edition, introducing sections on subjects including business and human rights, amongst other key areas. Features include forty new cases from various jurisdictions or expert bodies, and figures offering visual descriptions of the procedures discussed in the text. The ‘questions for discussion’ have also been systematically updated. The text retains its student-friendly design, and the features which made the previous editions so engaging and accessible remain. This popular textbook continues to be an essential tool for all students of human rights law.

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 Part I. The Sources: 1. The rise of international human rights 2. State responsibility and ‘jurisdiction’ Part II. The Substantive Obligations: 3. Respecting human rights: avoiding interference 4. Protecting human rights: regulating private actors introduction 5. Fulfilling human rights: progressive realization 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 introduction 10. The United Nations charter-based monitoring of human rights 11. Regional mechanisms of protection

Contents 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 the 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

www.cambridge.org/academic

29

of rk in

e e s n

International Humanitarian Law Second Edition

ol

EMILY CRAWFORD ALISON PERT

CRAWFORD AND PERT

d

International Human Rights Law

NEW

International Humanitarian Law Second Edition Available Now

Second Edition

2020, 247 x 175 mm, 335 pp 9781108727716 | Paperback (also available as an eBook) Emily Crawford, University of Sydney Alison Pert, University of Sydney

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

•

• •

30

An up-to-date text featuring the latest research, providing students with access to cutting-edge debates in international humanitarian law Case studies and other real-life examples are provided, so students can see how the law is applied in practice Discussion questions supplemented with in-class role play scenarios and workshops offer better learning outcomes through student-led and student-focused learning

www.cambridge.org/academic

Contents Introduction 1. Historical development of international humanitarian law 2. The contemporary legal basis of international humanitarian law and its fundamental principles 3. Types of armed conflict 4. Individual status in armed conflict – combatants, non-combatants, direct participation in hostilities and prisoners of war, and detention in non-international armed conflicts 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. Conclusion

LEARNING LAW

Introduction to Law

SECOND EDITION Anthony Marinac Caroline Hart Rhianna Chisholm Jennifer Nielsen Asmi Wood Adrian Evans Sarah McKibbin

9781108908191pre_pi-xxvii.indd 3

NEW

Learning Law Second Edition Available September 2020

247 x 174 mm, 400 pp 9781108821179 | Paperback (also available as an eBook) Anthony Marinac, solicitor, Pacific Maritime Lawyers and Consultants Caroline Hart, University of Southern Queensland Rhianna Chisholm, University of Western Australia Jennifer Nielsen, Southern Cross University Asmi Wood, Australian National University Adrian Evans, Monash University Sarah McKibbin, University of Southern Queensland

14-07-2020 23:41:33

Learning Law is an accessible and engaging introduction to Australian law for all students considering a career in the legal profession. With an improved focus on core topics and contextualisation, this text teaches students how to deal with legislation and cases, and how to use that work to successfully complete law subjects. The second edition has been thoroughly updated and revised with significant changes which include: • Six new chapters: - First Peoples and the law.

- Finding the Law. - The Ethical lawyer.

- The Concept of Statutory Interpretation.

- Lawyers and Clients.

- Becoming a Lawyer.

• More coverage of parliaments and courts, now in two separate chapters.

• New Living Law boxes that showcase the diverse career paths available to law graduates.

• New Critical Perspective boxes to engage students with critical analysis.

Written in a conversational style, Learning Law will leave students feeling more knowledgeable and confident in their interactions with Australian legal institutions and legal professionals. This text is an essential resource that law students will refer to throughout their degree and in early stages of their career.

Contents Part 1: Law, lawyers and justice.

1. Welcome to the law.

2. History and justice.

3. First Peoples and the Law. Part 2: Legal institutions.

4. Parliamentary Institutions.

5. The Courts.

Part 3: Learning the Laws.

6. Categories of law.

7. Statute Law. 8. The Common Law. 9. The Concept of Statutory Interpretation.

Part 4: Research and Persuasion.

10. Frameworks for Legal Thinking.

11. Equality, Difference and Law. 12. Analysing and Persuading.

13. Finding the Law. 14. Grappling with Facts.

Part 5: Profession and Community 15. The Ethical Lawyer.

16. Lawyers and Clients.

17. Becoming a Lawyer.

www.cambridge.org/academic

31

Law of Armed Conflict

Available Now

Available Now

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

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

The Law of Armed Conflict

War, Aggression and Self-Defence

International Humanitarian Law in War Second Edition

Sixth Edition

Gary D. Solis, Georgetown University Law Center

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 measure l.

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.

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.

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Yoram Dinstein, Tel-Aviv University

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

Legal Skills and Practice

PARKER & EVANS

INSIDE LAWYERS’ ETHICS

INSIDE LAWYERS’ ETHICS THIRD EDITION

THIRD EDITION

C H R I S T I N E PA R K E R A D R I A N E VA N S

Inside Lawyers’ Ethics Third Edition Available Now

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.

Contents 1.

2.

3.

Introduction: alues in practice Alternatives to adversarial advocacy 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

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.

• • • • • •

Focus on the ‘real world’ of lawyering Rich historical and theoretical detail added to the regulatory models Translation of ASCR into workable scenarios which challenge the reader Use of four different ethical perspectives (responsible lawyering, adversarial advocacy, moral activism, and ethics of care) Raises contemporary and contentious issues in Australian society and politics with reference to the role of lawyers Substantially revised with new case study boxes, discussion question boxes, legislation boxes and breakout boxes

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33

Private Law

REMEDIES in Australian Private Law

REMEDIES in Australian

Remedies in Australian Private Law

SECOND EDITION

Available Now

Private Law

Second Edition 2018, 247 x 174 mm, 672 pp 9781108404754 | Paperback (also available as an eBook)

SECOND EDITION Barnett & Harder

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

Katy Barnett Sirko Harder

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.

• • •

34

A clear, comprehensive and accessible text on remedies principles for students Provides a logical map of the law of remedies which helps students understand the connections Thoroughly updated along with extended discussions, new sections and reorganisation of content

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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

Property Law

Public International Law

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

An Introduction to International Organisations Law

Edited by

Third Edition

Hossein Esmaeili, Flinders University Brendan Grigg, Flinders University

Jan Klabbers, University of Helsinki

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

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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Public International Law

International Law

Cases and Materials with Australian Perspectives Third Edition Available Now

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.

• • •

36

Balances coverage of international law as applied globally with Australian perspectives A single text covering principles and cases with a good balance between commentary and well curated case extracts 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

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.

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

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

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

Available Now

Available Now

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

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

International Law Documents

The Use of Force and International Law

Edited by

Christian Henderson, University of Sussex

Jan Klabbers, University of Helsinki 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.

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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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.

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

Public International Law

Tanaka

Yoshifumi Tanaka

The International Law of the Sea

The

International Law of the Sea Third Edition

Available Now

Available Now

2019, 247 x 174 mm, 639 pp 9781108440103 | Paperback (also available as an eBook and Hardback)

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

Third Edition

The International Law of the Sea Third Edition

The International Law on Foreign Investment

Yoshifumi Tanaka, University of Copenhagen

Fourth Edition

This new edition has been fully revised to include up-to-date coverage of essential issues of the international law of the sea.

Covering a number of new and important issues, such as the headline debate of migrant movement across the seas, and the definition of islands in light of the South China Sea Arbitration, it also includes chapters on conservation of marine living resources and biological diversity, protection of the marine environment, and international peace and security at sea, as well as building further on such topics as the impact of climate change on the oceans.

A precise and readable book, with many figures and tables, The International Law of the Sea continues to be the best choice for students wanting to understand the law of the sea.

Contents Part I. The Divided Oceans: International Law Governing Jurisdictional Zones: 1. 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 Index

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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Technology Law

NEW

Technology Law: Australian and International Perspectives Available February 2021

247 x 174 mm, 396 pp 9781108816014 | Paperback (also available as an eBook)

Cover Coming Soon

• • • •

40

Marcus Smith, Charles Sturt University Gregor Urbas, Australian National University

Accessible and relevant content for students Detailed coverage of a broad range of areas Discussion of theoretical perspectives, regulatory approaches, and contemporary issues Will appeal to other areas including IT, Criminal Justice, Journalism, and Business

www.cambridge.org/academic

Contents 1. Scientific development and innovation 2. Regulation of science and technology 3. Data protection and privacy 4. Law, technology and healthcare 5. Law, technology and commercial transactions 6. Law, technology and the criminal justice system 7. Cybercrime 8. Social media and communications 9. Intellectual property 10. Investigation, jurisdiction and prosecution 11. Future direction in technology law

Tort Law

Contemporary Australian Tort Law Available Now

2019, 247 x 174 mm, 597 pp 9781108626255 | Paperback (also available as an eBook) Joanna Kyriakakis, Monash University Tina Popa, Royal Melbourne Institute of Technology Francine Rochford, La Trobe University Natalia Szablewska, Southern Cross University Xiaobo Zhao, University of Southern Queensland Jason Taliadoros, Deakin University Darren O’Donovan, La Trobe University Lowell Bautista, University of Wollongong

Contemporary Australian Tort Law is an engaging, accessible and student-friendly introduction to the law of torts in Australia. This unique text covers the foundational topics of tort law in a logical structure, covering duty of care, breaches, negligence, damages and defences, and also branching into higher-level topics such as defamation and offences in public office.

Each chapter is supported by tools for self-assessment and self-reflection: review questions at the end of each sub-heading; case boxes that delve into important historical cases; multiple-choice questions and longer, narrative problems that challenge students to apply the principles hey’ve learnt in the chapter to ‘real world’ scenarios. This book is an indispensable resource for law students taking their first course in tort law.

• • •

• •

Contents 1. Introduction to the law of torts 2. Duty of care 3. Breach of duty of care 4. Damage: Factual causation and scope of liability 5. Defences to negligence 6. Trespass to the person 7. Trespass to land and trespass to personal property 8. Defences to and remedies for trespass 9. The tort of nuisance 10. Vicarious liability and non-delegable duty 11. Defamation 12. Remedies 13. Torts arising from statutory duties and powers

Clear overview of different torts and key legal principles A principles text with a good range of cases with commentary in the text, hyperlinked to cases and legislation in the ebook A multitude of supporting pedagogy for practical skills development including: flowcharts, jurisdictional tables, hints and tips, key concepts, multiple choice questions, problem solving questions, tutorial questions and exercises Print and eBook combination with a multitude of supporting pedagogy for practical skills development Website with resources for instructors

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