ANZ Law Catalogue, 2021 - 2022

LAW CATALOGUE 2021 - 2022

Help your students unlock their full potential with

world-class teaching and learning resources from

Cambridge University Press.

Our extensive collection of textbooks combine academic rigour with engaging pedagogy. As a not-for-profit organisation, we dedicate our resources to furthering academic inquiry and education globally in order to achieve our mission of advancing research and learning world-wide.

2

www.cambridge.org/academic c

www.cambridge.org/academic

3

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

NEW

NEW NEW

NEW

NEW NEW NEW

6 9 12 15 18 20 25 26 27 28 29 29 30 31 32 33 35 36 36 38 38 39 39 42 44 45

View an online version of this catalogue at www.issuu.com/cambridge.org.uk/docs/law_2021 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 When viewing online, click on these buttons to request an inspection copy:

Published locally New titles available in this subject

Companion resources

NEW

VitalSource interactive eBook included

New locally published titles Page 9

Contending that the principles of prevention can be applied to persistent crime problems such as alcohol-related violence and family and domestic violence, the book explores the prevention of other broad societal harms including terrorism, cybercrime and threats to the environment. The book features useful pedagogy such as case studies, discussion questions and extension topics, as well as new chapters on environmental crime and counter-terrorism.

Written by a team of experts in the field of criminology,

Prevention remains an authoritative introduction to CASES Crime AND MATERIALS crime prevention in Australia, and is an invaluable resource for criminology students.

ADAM SUTTON was Associate Professor in the Department of Criminology at the University of Melbourne. He passed away in 2010, and the Adam Sutton Crime Prevention Award has been established in his memory.

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

ADRIAN CHERNEY is Professor in the School of Social Science at the University of Queensland.

ROB WHITE is Distinguished Professor of Criminology in the School of Social Sciences at the University of Tasmania.

GARNER CLANCEY is Associate Professor of Criminology in the Sydney Law School at the University of Sydney.

SUTTON, CHERNEY, WHITE, CLANCEY

CONTRACT LAW

PRINCIPLES, PERSPECTIVES AND PRACTICES

THIRD EDITION

CRIME PREVENTION SUTTON CHERNEY WHITE CLANCEY

Civil Dispute Resolution

PRINCIPLES, PERSPECTIVES AND PRACTICES

Sonya Willis

THIRD EDITION

Cover image: © Getty Images/PansLaos

SPINE 16.6mm

Page 21

Page 28

Australian Uniform Evidence Law Second Edition Fiona Hum Ottavio Quirico Gregor Urbas

www.cambridge.org/academic

SMITH & URBAS

Rum et estiossite evelest accusapicium autempor aut re occus sus est, ut eatem quamet lab iumque nonseni sciento eum hiliciurem de dit deruptatio et expliquam, nonet, sim iniat.

Rest pelit explant faciati dolor sundi blam que cus volorias minulluptas adios di quam quatior epelessitDendit pa conseni alis eaque perferf erchilis minvenimus, ut volupta dolupta turias aut que sum et as aut aditatet facimaximus nis eos et laceped quiatio ommodi te volupta vit idem vendanis ea dolum libusandi con erum cus endam suntiis eium doluptur?

Icatium volupta turehentum fugit landae non cuptus et omnim volum aut di della del minust, il modi temporese eum accus aperchil esed moluptaquam re, odis aliquae la aut velecaturite perum quam, ut repudaessi dolupta dus dem et litaspi ciumquia voluptur, qui aut et faccus, num aut ant.

Tem que niet is escias ipsam quas acepudios essitatia que laut vid eritatis alit alis eicae voluptur, natia eos voluptam ne veribus et eossintum suntissum aliquat emquunt porrum suscia serspel ipientias qui reicae ent il milla nihillab iurit quo occus.

Nem quia dis rest faciisqui dem et incidesed escitia iscientum non nitassequas voluptatem quiam est harcipsunt.

Ut officte nulles earchil loratur?

Axim abo. Rit ut fugitatem fugitat atinvel luptatem ullaccu llescia providebis santio. Uga. Ut endam estiis et vollibu scipsam quiscitae. Aciendis etur, seque con consequam et et prae core illiquam eum, tentend ignimiligene cumquidebit fuga. Neque que cuptatus est, ommolorio blatem qui dolo dolorem none endiam fuga.

Omnimi, que se nus exceariore, sequam, aut assequae volestiis dolupis accabores et omnihillenis im libus dolesciae occae volupti issectiamet accuptur,

Page 44

TECHNOLOGY L AW

9781108816014 SMITH & URBAS - TECHNOLOGY LAW CMYK

eview

udent skills,

Crime Prevention: Principles, Perspectives and Practices introduces readers to the theory and practice of crime prevention. Now in its third edition, this book argues for a combination of social and situational/environmental crime prevention strategies as more effective alternatives to policing, criminal justice and ‘law and order’ approaches.

CRIME PREVENTION

and

CONTRACT LAW CASES AND MATERIALS

s not aring Each

Click covers to view on the website

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

s and tract her’s tains sis of

Page 20

Page 19 SPINE 16.6mm

TECHNOLOGY L AW

AUSTRALIAN & INTERNATIONAL PERSPECTIVES MARCUS SMITH GREGOR URBAS

5

Constitutional, Administrative & Public Law

BECK

AUSTRALIAN CONSTITUTIONAL LAW

australian constitutional law concepts and cases luke beck

Available Now

Available Now

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

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

Australian Constitutional Law

The Veiled Sceptre

Concepts and Cases

Reserve Powers of Heads of State in Westminster Systems

Luke Beck, Monash University

Anne Twomey, University of Sydney

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 focused 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.

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.

6

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

www.cambridge.org/academic c

Constitutional, Administrative & Public Law

Available Now

Available Now

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

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

Government Accountability

Government Accountability

Australian Administrative Law Second Edition

Australian Administrative Law Sources and Materials

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.

1. Introduction Part I. Administrative Decision-making 2. Organisation and structure of government 3. Administrative powers 4. Delegated legislation

Cover image: © Getty Images/Atypeek

GOVERNMENT

ACCOUNTABILITY–

AUSTRALIAN ADMINISTRATIVE LAW SOURCES

AND

MATERIALS

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

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

AND

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

SOURCES

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

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.

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

Part III. Merits review 7. Review on the merits 8. Administrative review tribunals

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.

AUSTRALIAN ADMINISTRATIVE LAW

Part II. Public Accountability Mechanisms 5. Public investigatory bodies 6. Information disclosure

Contents

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

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.

Government Accountability Bundle Australian Administrative Law Second Edition & Australian Administrative Law Sources and Materials | 9781316642719 www.cambridge.org/academic

7

THE

CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA Available Now The Constitution of the Commonwealth of Australia explores the historical and intellectual context of ideas surrounding the Constitution’s inception, and closely examines its text, structure, principles and purposes in that light. The book critically analyses the High Court’s interpretation of the Constitution in a manner that follows the Constitution’s own logic and method of organisation. Each topic is explained through detailed reference to the existing case law to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901.

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

STATE, POWER, ACCOUNTABILITY

Anthony J Connolly

9781107679795cvr.indd 1

8/12/2016 11:27 AM

Cover image: © Walter Burley Griffin, Plan of City and Environs, Commonwealth of Australia Federal Capital Competition, 1911. (c) National Archives of Australia: A710, 38.

THE

CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA HISTORY, PRINCIPLE AND INTERPRETATION

Available Now

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

NICHOLAS ARONEY PETER GERANGELOS SARAH MURRAY JAMES STELLIOS

ARONEY / GERANGELOS MURRAY / STELLIOS

THE FOUNDATIONS OF AUSTRALIAN PUBLIC LAW

The Constitution of the Commonwealth of Australia provides an engaging and distinctive treatment of this fundamental area of law. It is an important book for anyone seeking to understand the significance and interpretation of the Constitution.

THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA

9780521759182 ARONEY/GERANGELOS/STELLIOS/MURRAY - THE CONSTITUTION OF THE COMMONWEALTHOF AUSTRALIA CMYK

Constitutional, Administrative & Public Law

The Foundations of Australian Public Law

The Constitution of the Commonwealth of Australia

State, Power, Accountability

History, Principle and Interpretation

Anthony J. Connolly, Australian National University

Nicholas Aroney, University of Queensland Peter Gerangelos, University of Sydney Sarah Murray, University of Western Australia James Stellios, 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.

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

8

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

www.cambridge.org/academic c

Contract Law

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

NEW

Contract Law

CONTRACT LAW CASES AND MATERIALS

CONTRACT LAW CASES AND MATERIALS

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

Cases and Materials Available Now

2020, 247 x 174 mm, 859 pp 9781108435277 | Paperback (also available as an eBook) 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.

• • • • •

Coverage and choice of cases with succinct summaries Clear and concise extracts Considered and relevant analysis and commentary Coverage of international law Extensive internal pedagogy including flowcharts, section overviews, end of section questions, end-of-chapter problems

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

9

Contract Law

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.

• • • •

10

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

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

www.cambridge.org/academic c

Contract Law Bundle

The Contract Law Bundle is an affordable purchase option for students.

This bundle contains Contract Law: Principles and Context and Contract Law: Cases and Materials.

These titles are designed to complement each other and offer a seamless teaching and learning experience across both texts.

Students can purchase the texts as a bundle for $199.95 AUD and save over $70 AUD.

Accompanying online resources include: • All of the section tables from the text, providing an overview of major headings and relating it to the Principles and Contexts text.

• All flowcharts from the text including: introductory flowcharts, sectional flowcharts, flowcharts relating to specific cases and end-of-chapter review flowcharts.

• End-of-section questions and the responses.

• Problem questions and the responses.

• Research questions and the responses. www.cambridge.org/academic www.cambridge.org/academic

11

Corporate & Commercial Law/Corporate Governance

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 Now

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.

•

•

•

12

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 c

Corporate & Commercial Law/Corporate Governance

Second Edition

AUSTRALIAN COMMERCIAL LAW

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

Australian Commercial Law Second Edition Available Now

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 Yijun 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.

• • • • •

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 PowerPoints

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

www.cambridge.org/academic

13

Corporate & Commercial Law/Corporate Governance

Principles of

Contemporary Corporate Governance

Fourth edition

Principles of Contemporary Corporate Governance Fourth Edition Available Now

2018, 247 x 174 mm, 500 pp 9781108413022 | Paperback (also available as an eBook) Jean Jacques du Plessis, Deakin University Anil Hargovan, University of New South Wales Jason Harris, University of Technology Sydney

Jean Jacques du Plessis Anil Hargovan Jason Harris

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. This fully revised and updated text has four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics.

The coverage of international contexts includes sections on the US, the UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new sections on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues. Principles of Contemporary Corporate Governance is an indispensable resource for business and law students, academic researchers and practitioners • • •

Suitable for both business and law students studying corporate governance Explains both the principles of corporate governance systems and their real-world application New country sections for India and New Zealand and a new chapter on ‘Business Ethics and Corporate Governance’ provide greater focus on ethics, corporate social responsibility and business in society

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

14

www.cambridge.org/academic c

Criminal Law

Criminal Law Perspectives From Principles to Practice Available Now

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-of-chapter 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

www.cambridge.org/academic

15

Criminal Law

Written by a team of international lawyers with extensive academic and practical 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.

Available Now Key features:

• Fully updated with the latest practice, challenges and controversies of the International Criminal Court • Coverage of the winding down of the ad hoc international criminal tribunals • Examines the newly emergent hybrid jurisdictions

Carsten Stahn

9781108741613: Cryer, Robinson and Vasiliev: CVR: C M Y K

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

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.

Robert Cryer is Professor of international and Criminal Law at the University of Birmingham. He has written and edited many books on international law, criminal law and their relationship, and has taught international criminal law for more than twenty years on three continents.

Darryl Robinson is Professor of International Criminal Law at the Faculty of Law in Queen’s University, Canada. His research focuses on moral underpinnings of criminal law principles and on refining legal rules for the fair and effective prosecution of war crimes.

Sergey Vasiliev is Assistant Professor of Public International Law at the University of Leiden. He has previously taught international and comparative criminal law and procedure at the Free University Amsterdam and the University of Amsterdam and has published extensively in these fields.

An Introduction to International Criminal Law and Procedure

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

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

Cryer, Robinson and Vasiliev

Stahn

A Critical Introduction to

Robert Cryer, Darryl Robinson and Sergey Vasiliev

An Introduction to

International Criminal Law and Procedure Fourth Edition

Available Now

2019, 247 x 174 mm, 620 pp 9781108741613 | Paperback (also available as an eBook & hardback)

Fourth Edition

Online Resources www.cambridge.org/cryer4

ISBN 978-1-108-74161-3 Cover illustration: John Finney Photography / Moment / Getty Images.

Cover design: Andrew Ward.

9 781 1 08 741 61 3 >

A Critical Introduction to International Criminal Law

An Introduction to International Criminal Law and Procedure

Carsten Stahn, Universiteit Leiden

Fourth Edition

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.

Robert Cryer, University of Birmingham Darryl Robinson, Queen’s University Sergey Vasiliev, Universiteit van Amsterdam

Contents 1.

2.

3.

4.

5.

6.

16

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

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.

www.cambridge.org/academic c

Criminal Law

CAMBRIDGE STATUTES Cryer

HIGHLIGHTING KEY LEGIS L AT I O N

Available Now

International Criminal Law Documents

Available Now

2019, 247 x 174 mm, 464 pp 9781108729086 | Paperback (also available as an eBook)

International Criminal Law Documents

MODERN CRIMINAL LAW OF AUSTRALIA

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

JEREMY GANS

SECOND EDITION

Edited by Robert Cryer

International Criminal Law Documents

Modern Criminal Law of Australia Second Edition

Robert Cryer, University of Birmingham

Jeremy Gans, University of Melbourne

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.

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. 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

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

www.cambridge.org/academic

17

Criminology

Crime, Deviance and Society

al

at n y.

d

nd

An introduction to sociological criminology

ol

Crime, Deviance and Society

s

An Introduction to Sociological Criminology Available Now

2020, 247 x 174 mm, 500 pp 9781108430302 | Paperback (also available as an eBook)

Crime, Deviance and Society

ct d

RODAS et al.

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

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.

•

• • • • •

18

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

www.cambridge.org/academic c

Criminology SPINE 16.6mm

PRINCIPLES, PERSPECTIVES AND PRACTICES

CRIME PREVENTION

CRIME PREVENTION SUTTON CHERNEY WHITE CLANCEY

SUTTON, CHERNEY, WHITE, CLANCEY

PRINCIPLES, PERSPECTIVES AND PRACTICES

NEW

Crime Prevention

Principles, Perspectives and Practice Third Edition Available Now

2021, 247 x 174 mm, 244 pp 9781108796965 | Paperback (also available as an eBook)

THIRD EDITION

Adam Sutton Adrian Cherney, University of Queensland Rob White, University of Tasmania Garner Clancey, University of Sydney

THIRD EDITION SPINE 16.6mm

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.

• • • • • •

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

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

www.cambridge.org/academic

19

Dispute Resolution, Mediation and Arbitration

NEW

Civil Dispute Resolution

Civil Dispute Resolution Sonya Willis

Balancing Themes and Theory Available November 2021

247 x 174 mm, 500 pp 9781316606346 | Paperback (also available as an eBook) Sonya Willis, Macquarie University

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory develops a framework, based on balancing competing objectives of dispute resolution, which simplifies and explains the many aspects of resolving disagreements between parties.

The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.

Civil Dispute Resolution: Balancing Themes and Theory uses clear definitions and examples from every Australian state and territory to provide an engaging and thorough analysis of resolving civil disputes.

• • • •

20

Comprehensive framework within which both civil procedure and alternative dispute resolution are addressed Balances competing objectives of dispute resolution Explores interaction between negotiation, mediation, arbitration and litigation Suitable for all Australian jurisdictions

Contents Part I: Civil disputes and their means of resolution 1. Introduction to Civil Dispute Resolution 2. Balancing Competing Objectives – The Key Themes of Civil Dispute Resolution 3. Access to Justice and Open Justice 4. Alternatives to Court: ADR 5. Managing Court Resources Through ADR and Summary Disposition 6. Lawyers, Legal Costs and their Role in Civil Dispute Resolution 7. Managing Resources through Specialist Courts and Tribunals Part II: Litigation: the crucial last resort 8. Interactions between Parties and the Courts 9. Commencing proceedings 10. Parties and Pleading 11. Party Documents – The Voyage of Discovery 12. Obtaining Relevant Information (Alternatives to Interparty Discovery) 13. Protection of documents: privilege and confidentiality 14. Witness evidence pre-trial 15. Trial Preparation and Attendance 16. Judgment, Appeals and Enforcement

www.cambridge.org/academic c

Dispute Resolution, Mediation and Arbitration

NEW

Dispute Management Available August 2021

247 x 174 mm, 476 pp 9781108794718 | Paperback (also available as an eBook) Pauline Collins, University of Southern Queensland Dalma Demeter, University of Canberra Susan Douglas, University of the Sunshine Coast

Dispute management processes are becoming the norm as a precursor, or an alternative, to traditional court-based litigation.

Dispute Management is a clear and concise introduction to an expansive range of dispute processes. Beginning with communication theory and practice, and the historical, philosophical and cultural considerations of dispute management, the book then addresses the traditional topics of negotiation, mediation and litigation, as well as interviewing, collaborative law and arbitration.

Each topic is well-researched, offering the necessary depth, socio-legal considerations and balanced coverage of theory and practice. Chapters address relevant ethical and cultural issues and are supported by array of interesting examples that promote discussion. Case studies at the end of each chapter link theory to practice and present disputes between neighbours, conflict in the workplace and cases that make it to trial.

Offering a combination of theoretical insights and practical information Dispute Management is a vital resource for students, lawyers and dispute practitioners.

• • •

Contents Introduction 1. Understanding disputes 2. Communication 3. History and Philosophy of Dispute Management 4. Interviewing 5. Negotiation 6. Mediation 7. Facilitation 8. Conciliation 9. Collaborative Law 10. Arbitration 11. Litigation 12. Statutory Dispute Management Schemes and Professional Practice in Dispute Management

Presents a holistic student textbook, adopting an integrative approach A praxis style is utilised, combining the learning of theory with the practising of skills and techniques in dispute management Covers the full range of techniques

www.cambridge.org/academic

21

Dispute Resolution, Mediation and Arbitration

Fells & Sheer

EFFECTIVE

EFFECTIVE NEGOTIATION

NEGOTIATION From Research to Results Ray Fells & Noa Sheer

Effective Negotiation From Research to Results Fourth Edition Available Now

4

Fourth edition

th edition

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

16/09/2019 6:43 pm

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

22

www.cambridge.org/academic c

Dispute Resolution, Mediation and Arbitration

tended to

role plays,

nd unique

lisation of

lution and by expert

University

any of the

ofessor of

d different

e practical

ry scholar,

iversity of

Procedure

DISPUTE PROCESSES THIRD EDITION

lution and

DISPUTE PROCESSES

ADR and the Primary Forms of Decision-making

Michael Palmer and Simon Roberts

THIRD EDITION

world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws,

Available Now Moses 9781316606285 Cover. C M Y K

erspective

transactions. This book provides the reader with immediate access to understanding the

rules, and guidelines. The Third Edition includes new sections on state to state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration, and third-party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand

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

about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Margaret L. Moses is Professor of Law at Loyola University School of Law, Chicago. She teaches international commercial arbitration, international business transactions, European community law, international trade finance, and contracts. Professor Moses is also the Director of the International Program at Loyola University and coaches the Vis Moot International Arbitration teams, who compete in Vienna and Hong Kong. She also serves as an international arbitrator.

Dispute Processes

The Principles and Practice of International Commercial Arbitration

yond those

Arbitration has become the dispute resolution method of choice in international

Third Edition

he current

MOSES

of rapidly

king place

ook brings

Palmer and Roberts

on, media-

contempo-

The Principles and Practice of

International Commercial Arbitration

Available Now

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

Third Edition

MARGARET L. MOSES

The Principles and Practices of International Commercial Arbitration

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.

Margaret L. Moses, Loyola University Arbitration has become the dispute resolution method of choice in international transactions. This book provides the reader with immediate access to understanding the world of international arbitration, explaining how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. 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.

The third edition includes new sections on state-to-state arbitration, the role and power of the arbitrator, reform efforts in international investment treaties, transparency in international arbitration and third party funding. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Contents

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

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

www.cambridge.org/academic

23

International Dispute Settlement

l

MERRILLS

n

Dispute Resolution, Mediation and Arbitration

sixth edition

International Dispute Settlement J. G. Merrills

Available Now

Available Now

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

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

International Dispute Settlement Sixth Edition

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

Contents

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

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

24

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

www.cambridge.org/academic c

rsity of

Louise FLOYD, William STEENSON

Amanda COULTHARD, Daniel WILLIAMS, Anne C PICKERING

978110 8 4 62211 CO LLI N S E W I N G M CCO LG A N – L A BO U R L AW COV E R C M Y K

arrister

diator. s a part-

FLOYD, STEENSON, COULTHARD, WILLIAMS & PICKERING

ent, is

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. As the book places the law in its social, economic and political contexts, and shows 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.

2017, 247 x 174 mm, 492 pp 9781316622995 | Paperback (also available as an eBook) Key features: Fully updated with the latest developments in the field Case studies illustrate employment law ‘in action’ Comprehensive text and integrated materials Clear structure and logical chapter organisation

Suitable for undergraduates and postgraduates studying UK labour and employment law, this book is a must-read for those wishing to excel in the field.

Hugh Collins is Vinerian Professor of English Law at the University of Oxford.

K. D. Ewing is Professor of Public Law at King’s College London.

Aileen McColgan is a barrister at 11 KBW and Professor of Law and Social Justice at the University of Leeds.

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

site ponses

Available Now

L A BO U R L AW

loyment

EMPLOYMENT, LAW

LABOUR and INDUSTRIAL in Australia

‘This new edition offers a timely, authoritative and vivid account of the tribulations of UK labour law in the Age of Austerity. An unparalleled level of detail and contextual analysis of the incessant erosion of trade union and workers’ rights, and the perils connected with a resurgent vision of labour standards, including fundamental labour rights, as a hindrance to competitiveness and economic growth.’

Nicola Countouris, University College London

Collins Ewing McColgan

legal iples

d senting

EMPLOYMENT, LABOUR and INDUSTRIAL LAW in Australia

urrent

Employment Law

Hugh Collins

K. D. Ewing

Aileen McColgan

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

Available Now

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

Cover illustration: TerenceLeezy / Getty Images.

COV E R D E S I G N E D BY H A RT M C L E O D LT D

Employment, Labour and Industrial Law in Australia

Labour Law

Louise Floyd, James Cook University William Steenson, University of Technology Sydney Amanda Coulthard, Bond University Daniel Williams, Minter Ellison

Hugh Collins, University of Oxford Keith Ewing, King’s College London Aileen McColgan, King’s College London

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.

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 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

Second Edition

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.

www.cambridge.org/academic

25

der s es

as)

INTERNATIONAL ENVIRONMENTAL LAW

eir

DUPUY AND VIÑUALES

us

Environmental Law

PIERRE-MARIE DUPUY JORGE E. VIÑUALES

SECOND EDITION

Available Now

Available Now

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

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

1-7

17 >

International Environmental Law

Principles of International Environmental Law

Second Edition

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

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.

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

Contents

Contents

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

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.

26

www.cambridge.org/academic c

in Australia

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.

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

Second Edition

M W Bryan, V J Vann and S Barkehall Thomas

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

Cover image: © Getty Images/friztin

A Sourcebook on Equity and Trusts in Australia

Equity and Trusts in Australia Second Edition

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 fundamental text for students embarking on this area of study for the first time.

Contents

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.

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).

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

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

EQUITY & TRUSTS

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

me.

Second Edition

A SOURCEBOOK ON EQUITY AND TRUSTS IN AUSTRALIA

r

Bryan, Degeling, Donald and Vann

aw.

EQUITY AND TRUSTS IN AUSTRALIA

n, d

Bryan, Vann and Barkehall Thomas

le

Equity and Trusts

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 | 9781108445863

www.cambridge.org/academic

27

Evidence Law

NEW

Australian Uniform Evidence Law Second Edition Fiona Hum Ottavio Quirico Gregor Urbas

Australian Uniform Evidence Law Second Edition Available December 2021

247 x 174 mm, 692 pp 9781009010726 | Paperback (also available as an eBook) Fiona Hum, Monash University Ottavio Quirico, University of New England Gregor Urbas, Australian National University

Now in its second edition, Australian Uniform Evidence Law provides a clear and accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text first introduces students to basic principles, then covers more detailed and complex elements of evidence law in later chapters.

Cases and excerpts from the legislation have been carefully selected to guide students through the application of the Act in relevant jurisdictions.

This edition has been thoroughly updated to include significant recent case examples and decisions, ensuring students learn about the law in its everchanging context.

Each chapter includes a summary of key points, key terms and definitions and further reading suggestions, as well as practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex ‘Putting it all together’ problems that are designed to test students’ understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are also provided to ensure students can check their understanding.

Providing clear explanations and relevant examples, Australian Uniform Evidence Law is an essential foundational resource for all students of evidence law.

28

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

Written for students first and foremost Written for a one semester course End of chapter questions, with a separate last chapter with extra problems and answers to all questions in the text • A hybrid textbook and casebook: − Introduces basic concepts first and then provides clear summaries and explanations of the rules to help students understand the application of the Act − Case extracts are in the traditional casebook style, each with the same structure - a summary of facts/issues, decision and key passages

www.cambridge.org/academic c

age, ted

onals.

PAR A SHAR & DOMINELLO

ook ion

T HE FAMILY IN L AW

tial cal

Family Law

THE

FAMILY IN L AW archana parashar francesca dominello

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

Health Law Frameworks and Context

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

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

29

Intellectual Property Law

AUSTRALIAN INTELLECTUAL PROPERTY LAW FOURTH EDITION

FOURTH EDITION

Australian Intellectual Property Law Fourth Edition

AUSTRALIAN INTELLECTUAL PROPERTY LAW

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 6/5/20 4:11 pm

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.

• • • • • •

30

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

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

www.cambridge.org/academic c

International Economic & Trade Law/WTO law

Peter Van den Bossche and Denise Prévost

Essentials of

WTO LAW SECOND EDITION

Available August 2021

Available Now

244 x 170 mm, 350 pp 9781108793629 | Paperback (also available as an eBook)

2018, 246 x 173 mm, 578 pp 9781107180338 | Paperback (also available as an eBook)

NEW

Essentials of WTO Law

International Investment Law and Arbitration

Second Edition

Commentary, Awards and other Materials

Peter Van den Bossche, University of Bern Denise Prévost, University of Maastricht The multilateral trading system and the WTO, its principal institution, are currently in crisis. Now more than ever, it is essential to provide a sound understanding of WTO rules and procedures, and their contribution to a secure and predictable framework for trading relations between nations. This book provides a timely and carefully considered overview of the substantive rules and institutional arrangements of the WTO, written in a concise and highly reader-friendly manner. It provides a clear and systematic discussion of key issues of WTO law, and incorporates important case law and current debates.

It includes useful pedagogical features such as illustrative examples of the application of the legal framework to practical situations to facilitate understanding, as well as lists of further reading. Co-written by a leading authority in the field, it forms essential reading for anyone who wants to get to grips with this fascinating and challenging field of law.

Contents 1. International trade and the law of the WTO 2. The World Trade Organization 3. The WTO dispute settlement system 4. Rules on non-discrimination 5. Rules on market access 6. Trade liberalization and other societal values and interests 7. Rules on unfair trade 8. Rules regarding harmonization of national regulation Online resources Index.

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

www.cambridge.org/academic

31

Equality and Discrimination Law in Australia: An Introduction 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.

Available Now

2017, 245 x 173 mm, 1112 pp 9781316610527 | Paperback (also available as an eBook & hardback) their ground-breaking approach begins by analysing equality as a goal of the law, and acknowledges that to prevent discrimination, modern laws must challenge the beliefs, practices, systems and structures that enable it. the text is divided into three sections: the first addresses the social and conceptual context, history and framework of anti-discrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination. this book provides readers with a clear understanding of the development of australia’s anti-discrimination laws, and builds a foundation for critical assessment of their strengths and limitations in addressing discrimination and promoting equality.

written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students, practitioners, and anyone who wants to understand this important field of law.

Beth Gaze is Professor of law at the university of melbourne.

Belinda Smith is an associate Professor at the university of sydney law school.

Industrial Law

gaze & smith equalityand discrimination law in australia: an introduction

9781107432253 gaze & smith - an introduction to equality and discrimination law in australia cmyk

International Economic & Trade Law/WTO law

equalityand discrimination law in australia : an introduction beth gaze and belinda smith

Available Now

2016, 254 x 178 mm, 355 pp 9781107432253 | Paperback (also available as an eBook)

cover image: © shutterstock.com/arthimedes

The Law and Policy of the World Trade Organization

Equality and Discrimination Law in Australia

Text, Cases and Materials

An Introduction

Peter Van den Bossche, WTO Appellate Body Werner Zdouc, Graduate Institute of International Studies

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

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.

Equality and Discrimination Law in Australia: An Introduction 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.

The text is divided into three sections: the first addresses the social and conceptual context, history and framework of anti-discrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination.

Written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students.

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

32

Contents Part I: 1. Equality, discrimination, and law 2. Historical background to anti-discrimination law 3. Basic framework of legislation Part II. Anti-Discrimination Legislation: 4. The attributes 5. Prohibited conduct 6. Areas 7. Making rights effective: institutions, procedures and remedies Part III: 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

www.cambridge.org/academic c

International Human Rights Law

INTERNATIONAL HUMAN RIGHTS LAW AND PRACTICE Ilias Bantekas and Lutz Oette

Available Now

Third Edition

2020, 247 x 174 mm, 920 pp 9781108711753 | Paperback (also available as an eBook)

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

International Human Rights Law

Available Now

International Human Rights Law and Practice

Cases, Materials, Commentary Third Edition

Third Edition

Olivier De Schutter, Université Catholique de Louvain 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 studentfriendly 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.

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

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.

www.cambridge.org/academic

33

ard Law School

complex body of dings. This work ference guide in

hes its concise ation of warfare war. It will be as edition is even ts.”

Second Edition

In addition to standard instruments such as the Universal Declaration, the 1966 United Nations Covenants and the European Convention and its Protocols, the volume also features topics and documents such as all core UN human rights treaties and their protocols, key international labour instruments and the obligations of the global financial organisations and multi-national corporations. Taking a broad and historical approach, the collection also incorporates InterAmerican, African, Asian and Arab instruments alongside older UN documents and numerous soft law documents. Its approach reflects the diverse nature of international human rights law and the courses which now seek to teach it. This book is also valuable for students of international law, global governance and other courses which discuss the law of international human rights.

2020, 247 x 175 mm, 335 pp 9781108727716 | Paperback (also available as an eBook) Urfan Khaliq is Professor of Public International and European Laws at Cardiff University. He is the prize-winning author of Ethical Dimensions of the Foreign Policies of the EU (Cambridge, 2008) and has taught international human rights law for over twenty years.

Professor Khaliq has advised and worked on international human rights matters with international organisations and NGOs and has also advised a number of governments on international human rights law issues.

International Human Rights Law Documents

useful for uncertainties enges.

This accessible collection of important international human rights documents is an essential resource for students and researchers of international human rights law.

Available Now

CAMBRIDGE STATUTES

Khaliq

nternational

9781316614792 Khaliq PB C M Y K

ches and

International Humanitarian Law Second Edition

ict, protection of

EMILY CRAWFORD ALISON PERT

CRAWFORD AND PERT

continues to cholarly, and prehensive and levant cases, nd emerging allowing for aw of armed

International Human Rights Law

HI G HL I G HT I NG K E Y L E G I S L AT I O N

Available Now

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

International Human Rights Law Documents Urfan Khaliq

International Humanitarian Law Second Edition

International Human Rights Law Documents

Emily Crawford, University of Sydney Alison Pert, University of Sydney

Edited by Urfan Khaliq, Cardiff University

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 twentyfirst 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.

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 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, noncombatants, 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

34

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 c

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

Learning Law Second Edition Available Now

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

35

Jurisprudence

Law of Armed Conflict

Available Now

Available Now

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

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

Jurisprudence

The Law of Armed Conflict

Third Edition

International Humanitarian Law in War Second Edition

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

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

36

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

Contents Part I. Law of Armed Conflict: International Humanitarian Law in War: 1. Rules of war, laws of war. 2. Codes, conventions, declarations, and regulations. 3. Two World Wars and their law of armed conflict results. 4. Protocols and politics.

Part II. Law of Armed Conflict and International Humanitarian Law: A Framework: 5. Conflict status. 6. Individual battlefield status. 7. Law of armed conflict’s core principles. 8. What is a ‘war crime’?

Part III. Law of Armed Conflict and International Humanitarian Law: Battlefield Issues: 9. Obedience to orders, the first defense.

10. Command responsibility and Respondeat Superior. 11. Ruses and perfidy. 12. Rules of engagement. 13. Targeting objects.

14. Autonomous weapons, drones, and targeted killing. 15. Human targeting and cross-border counterattacks. 16. Torture. 17. Cyber warfare. 18. Attacks on cultural property. 19. The 1980 Certain Conventional Weapons Convention. 20. Gas, biological, and chemical weapons treaties.

Part IV. Dealing with Violations of Customs and Usages of Warfare: 21. Military commissions. 22. Security detention.

www.cambridge.org/academic c

Yoram Dinstein’s influential textbook is an indispensable

rewritten to reflect up-to-date State practice. The text remains a wide-ranging and highly readable introduction to the legal

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

The

Use of Force and International

Law

Christian Henderson

dimensions of war, aggression and self-defence.

Yoram Dinstein is Professor Emeritus at Tel-Aviv University.

He is a former President of the University, as well as former

Rector and former Dean of the Faculty of Law. He served twice as the Charles H. Stockton Professor of International Law at the

US Naval War College in Newport, Rhode Island. He was also a Humboldt Fellow at the Max Planck Institute of International Law in Heidelberg, Germany, a Meltzer Visiting Professor of Law at New York University and a Visiting Professor of Law at the University of Toronto. He is a Member of the Institute of International Law.

WAR AGGRESSION AND SELF-DEFENCE

hool. ational on the

armed conflicts and reexamines contemporary doctrinal debates. Many segments of the book have been completely

SIXTH EDITION

mics mporary,

The Use of Force and International Law

t

aegis of the Security Council. The sixth edition follows the latest developments in international law, analyzes recent

Available Now

unt in

of sm of ncluding s book

9781316641668 DINSTEIN – WAR, AGGRESSION AND SELF- DEFENCE COVER C M Y K

guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the

DINSTEIN

Henderson

d tempor

nisi ut

Law of Armed Conflict

WAR

AGGRESSION AND SELF-DEFENCE

SIXTH EDITION

Available Now

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

YORAM DINSTEIN

The Use of Force and International Law

War, Aggression and Self-Defence

Christian Henderson, University of Sussex

Sixth Edition

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.

Yoram Dinstein, Tel-Aviv University War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement 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.

Contents

Contents

Part I. The Prohibition of the Threat or Use of Force:

Part I. The Legal Nature of War 1. Armed conflict, war and neutrality 2. The course of war

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

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

www.cambridge.org/academic

37

Legal Skills and Practice

Private Law

PARKER & EVANS

REMEDIES

INSIDE LAWYERS’ ETHICS

INSIDE LAWYERS’ ETHICS THIRD EDITION

THIRD EDITION

in Australian

Available Now

Private Law

2018, 247 x 174 mm, 380 pp 9781316642009 | Paperback (also available as an eBook)

SECOND EDITION

Available Now

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

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

Katy Barnett Sirko Harder

Inside Lawyers’ Ethics

Remedies in Australian Private Law

Third Edition

Second Edition

Christine Parker, University of Melbourne Adrian Evans, Monash University

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

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

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

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

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. With its 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.

Contents 1.

2.

3.

Introduction: values 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

38

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.

www.cambridge.org/academic c

Property Law

Public International Law

Available Now

“The new edition of this textbook offers well-organised and updated reading material, always with the author’s signature combination of systemic rigour and political sensibility, liveliness and academic thoroughness.

The textbook is highly recommended for an intelligent and contextualised introduction to international law.”

Edited by Hossein Esmaeili Brendan Grigg

Catherine Brölmann, Associate Professor of international law, Department of International Law, University of Amsterdam

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

“Refreshing and argumentative, but also clear and concise - this textbook is a must for those wanting to combine the acquisition of knowledge with a deeper appreciation of the disagreements and controversies that abound in International Law.” Nigel White, School of Law, University of Nottingham

Written by one of the world’s leading international lawyers, this is the new and updated edition of Jan Klabbers’ landmark textbook. International law can be defined as ‘the rules governing the legal relationship between nations and states’, but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply?

How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes references to new case-law and literature, and features brief discussions on recent topics of general interest, including Brexit and the worldwide outbreak of the Coronavirus.

Cover illustration: Ernst Mether-Borgström, Violet (from the series Fringilla), 1976, serigraphy, 48.4 x 62.5 cm, Ernst Mether-Borgström Foundation.

Photo: Ari Karttunen / EMMA - Espoo, Museum of Modern Art, © DACS 2020 Cover design: Andrew Ward

Third Edition

9781108732826: Klabbers: CVR: C M Y K

Jan Klabbers is Professor of International Law at the University of Helsinki, Finland. He studied international law and political science at the University of Amsterdam. He is a regular consultant to a number of international organizations and has been visiting professor at a number of institutions of higher learning, including the Graduate Institute (Geneva) and Sorbonne (Paris). He directed the Academy of Finland Centre of Excellence in Global Governance Research 2006-2011, and from 2013 to 2018 held the Martti Ahtisaari Chair.

INTERNATIONAL LAW

THE BOUNDARIES OF AUSTRALIAN PROPERTY LAW

THE BOUNDARIES OF AUSTRALIAN PROPERTY LAW

Ian Hurd, Professor of Political Science and Director of the Weinberg College Center for International and Area Studies, Northwestern University

Klabbers

Esmaeili & Grigg

“No-one is better at explaining the nuance of international law while keeping an eye squarely on the details than Jan Klabbers. This new edition of his groundbreaking textbook is a terrific update to an essential book.

The book charts the theories and assumptions that make up the international legal system while telling engaging stories about the histories and cases that constitute its practice. The combination is readable, informative, and unmatched among international law textbooks.”

Jan Klabbers Available Now

2020, 244 x 170 mm, 412 pp 9781108732826 | Paperback (also available as an eBook)

INTERNATIONAL

LAW Third Edition

The Boundaries of Australia Property Law

International Law

Edited by Hossein Esmaeili, Flinders University Brendan Grigg, Flinders University

Jan Klabbers, University of Helsinki

Third Edition

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

Written by one of the world’s leading international lawyers, this is the new and updated edition of Jan Klabbers’ landmark textbook.

International law can be defined as ‘the rules governing the legal relationship between nations and states’, but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world.

Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say?

Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject.

Contents Part I. The Structure of International Law: 1. The Setting of International Law 2. The Making of International Law 3. The Law of Treaties 4. The Subjects of International Law 5. Jurisdiction, Powers, and Immunities 6. The Individual in International Law, including Human Rights 7. The Law of Responsibility 8. International Courts and Tribunals 9. Sanctions, Countermeasures, and Collective Security Part II. The Substance of International Law: 10. Use of Force 11. The Law of Armed Conflict 12. International Criminal Law 13. The Seas, the Air, and Outer Space 14. Protecting the Environment 15. The Global Economy Part III. The Surroundings of International Law: 16. Domestic Courts and their Relationship with International Law 17. The Politics and Ethics of International Law and Global Governance 18. By way of Conclusion

www.cambridge.org/academic

39

ghts,

The International Law on Foreign Investment Fifth Edition

ct. It the new ion and system is of tion of rse of

Sornarajah

ontest nterest, ation to other ng and that m h it beral cases c have of low

Public International Law

International

The International Law on

Foreign Investment Fifth Edition

M. Sornarajah

Available August 2021

244 x 170 mm, 640 pp 9781108730860 | Paperback (also available as an eBook)

LAW Ninth Edition

Malcolm N. Shaw

NEW

Available August 2021

244 x 170 mm, 1050 pp 9781108733052 | Paperback (also available as an eBook)

NEW

The International Law on Foreign Investment

International Law

Fifth Edition

Ninth Edition

M. Sornarajah, National University of Singapore

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

The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah’s classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments.

It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, Indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and case law, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Contents

Contents

1. Introduction 2. The shaping factors 3. Controls by the host state 4. 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 Bibliography Index

Preface to the ninth edition. 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 environment law. 15. The law of treaties. 16. State succession. 17.

The settlement of disputes by peaceful means. 18. The international court of justice. 19. International law and the use of force by states.

20. International humanitarian law. 21. The united nations.

22. International organisations.

40

www.cambridge.org/academic c

Public International Law

spine tbc

Available Now

This edition has been comprehensively updated to address recent developments in international law. The 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 reflects 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.

International Law of the Sea Third Edition

Third Edition

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

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

Donald R. Rothwell is Professor of International Law at the ANU College of Law at the Australian National University.

Stuart Kaye is Professor of Law and Director at the Australian National Centre for Ocean Resources and Security at the University of Wollongong.

Afshin Akhtar-Khavari is Professor of International Law and Governance at the School of Law at the Queensland University of Technology (QUT).

Ruth Davis is Lecturer at the Australian National Centre for Ocean Resources and Security at the University of Wollongong.

Rothwell Kaye Akhtar-Khavari Davis Saunders

Available Now

International Law Third Edition

The International Law of the Sea

The

9781108455450 - ROTHWELL -INTERNATIONAL LAW 3E CMYK

Tanaka

Now in its third edition, International Law: Cases and Materials with Australian Perspectives remains 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.

Yoshifumi Tanaka

2018, 247 x 174 mm, 876 pp 9781108445450 | Paperback (also available as an eBook)

Imogen Saunders is Lecturer in Law at the ANU College of Law at the Australian National University.

Cover image: © Getty Images/Kathy Collins

The International Law of the Sea

International Law

Third Edition

Cases and Materials with Australian Perspectives Third Edition

Yoshifumi Tanaka, University of Copenhagen 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

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.

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.

www.cambridge.org/academic

41

Taxation Law

Cambridge University Press is proud to announce that we are publishing new editions of Taxation Law titles by Stephen Barkoczy.

Foundations of Taxation Law 2022 Thirteenth Edition

Foundations of Taxation Law 2022, 13e Barkoczy

Foundations of Taxation Law provides a concise introduction to the policy, principles and practice that underpin the Australian taxation system.

Designed as an introductory guide, the text focuses on general principles, blending policy issues, taxation theory, technical ‘black letter law’ and commercial practice into a succinct, principled text. Although the book is a legal text, it does not focus exclusively on legal issues.

The discussion in the chapters also touches on a wide range of social, economic, political and international comparative issues. Taxation law, perhaps more than any other area of law, is affected by these broader considerations.

The main emphasis of the text is on Commonwealth taxes, particularly income tax, goods and services tax, fringe benefits tax and superannuation taxes. It also examines various state and territory taxes, as well as a number of levies and charges.

The more fundamental material is covered in the earlier chapters so that students who are undertaking basic courses are able to focus on those chapters. Students who are undertaking advanced courses, on the other hand, will have more use for the later chapters, which are more specialised and deal with more technically complex issues.

Topics have been developed in a logical and structured order and are cross-referenced to specific provisions in the legislation and relevant cases so that readers are able to easily find the source of the law. The text provides numerous examples, over 50 diagrams and over 90 tables that condense the law and help clarify difficult concepts.

End-of-chapter study questions

Online resources

To assist students with their exam preparation, the book contains a set of study questions at the end of each chapter linked to the specific topics covered in that chapter. The questions test fundamental issues that students need to understand in order to properly grasp key concepts. They can also be used by lecturers as a basis for tutorial discussions. The more than 500 questions have been designed in such a way that they examine core issues from both a practical (calculation and problem based) perspective as well as a conceptual (theoretical and policy-based) perspective.

PowerPoint

42

This text is supported by a comprehensive set of additional resources. Lecturers who prescribe the text have access to a 1,000+ slide PowerPoint deck that is cross-referenced to the relevant topics in the text. The slides are designed to serve as a handy teaching aid and can be edited by lecturers to meet their specific needs.

Solutions to the end-of-chapter study questions Solutions and worked examples to the more than 500 endof-chapter study questions in the text are also available to prescribing lecturers.

www.cambridge.org/academic c

Taxation Law

These annual publications will be available in January 2022.

Core Tax Legislation and Study Guide 2022 Twenty-fourth Edition

Core Tax Legislation and Study Guide 2022, 24e Barkoczy

Core Taxation Legislation and Study Guide is a reference text for tertiary students undertaking tax subjects in law and business schools. It provides not only well-curated extracts of legislation but also highly useful skills guidance for students.

Representing an invaluable and essential resource this text allows students to access the parts of the legislation they will need for a taxation law course in a time saving and user-friendly way.

The text is presented in three parts: Part 1: The Study Guide includes the following: •

Study techniques

•

Researching a tax problem

•

Essay writing and presentation

•

Answering taxation law exam questions

This Part is designed to assist students to conduct basic taxation law research providing key reference material including useful websites and electronic research tools. It also contains a style guide that sets out how to cite references to legislation, cases, articles, ruling and reports for assignment.

Part 2: The Core Tax Legislation comprises: •

Selected extracts from relevant pieces of income tax

•

Goods and services tax

•

Fringe benefits tax

•

Superannuation and related legislation regulations

•

The compilation includes the main provisions that are studied in most tertiary taxation subjects

This Part is designed to bring together the core provisions into one user-friendly text.

Part 3: The Legislation Index This Part provides an index that covers the core tax legislation extracts reproduced in Part 2 for easy and fast access to the relevant pages in the text.

www.cambridge.org/academic

43

Technology Law

TECHNOLOGY L AW

NEW

SMITH & URBAS

TECHNOLOGY L AW

AUSTRALIAN & INTERNATIONAL PERSPECTIVES MARCUS SMITH GREGOR URBAS

Technology Law Australian and International Perspectives Available Now

2021, 247 x 174 mm, 264 pp 9781108816014 | Paperback (also available as an eBook) Marcus Smith, Charles Sturt University Gregor Urbas, Australian National University

The regulation of technology is an important and topical area of law, relevant to almost all aspects of society. Technology Law: Australian and International Perspectives presents a thorough exploration of the new legal challenges created by evolving technologies, from the use of facial recognition technology in criminal investigations to the rise and regulation of cryptocurrencies.

A well-written and fascinating introduction to technology law in Australia and internationally, Technology Law provides thorough coverage of the theoretical perspectives, legislation, cases and developing issues where technology and the law interact. The text covers data protection and privacy, healthcare technology, criminal justice technology, commercial transactions, cybercrime, social media and intellectual property, and canvases the future of technology and technology law.

Written by leading experts in the field, Technology Law is an excellent resource for law students and legal professionals with an interest in the area.

Contents

• • •

Marcus Smith is Senior Lecturer in Law and Course Director at the Centre for Law and Justice, Charles Sturt University, and Adjunct Professor of Law at the University of Canberra.

44

Comprehensive coverage of topics with contemporary examples Discussion of policy High-level account of the law in Australia with international perspectives

1. Introduction to Technology Law 2. Technology, Theory and Regulation 3. Privacy and Data Protection 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. International Investigation and Enforcement 11. Future Directions in Technology Law About the Authors

Gregor Urbas is Adjunct Associate Professor at the ANU College of Law, a former Associate Professor of Law at the University of Canberra, and a Canberra barrister.

www.cambridge.org/academic c

Tort Law Spine width 35.39 mm

Kyriakakis, Popa, Rochford, Szablewska, Zhao, Taliadoros, O’Donovan and Bautista

CONTEMPORARY AUSTRALIAN TORT LAW

Contemporary Australian Tort Law Inclu b des enhoanus ce eBon ok d

CONTEMPORARY AUSTRALIAN TORT LAW Kyriakakis, Popa, Rochford, Szablewska, Zhao, Taliadoros, O’Donovan and Bautista

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 they’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.

• • •

• •

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

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

www.cambridge.org/academic

45

VitalSource eBooks by Cambridge University Press are interactive, digital versions of your textbooks that are available on any device for download or using the VitalSource Bookshelf. VitalSource comes free with selected textbooks, please see our website for specific VitalSource titles.

These are some of the features VitalSource has to offer: Interactive Questions For a diverse and engaging learning experience students can quiz themselves with in-text questions. Long and short answer questions encourage students to test their knowledge and apply their skills.

Built-in Videos In-text engaging and informative videos diversify the learning experience and provide expert contributions on topics.

Pop-up Definitions Readers can click on key terminology to display definitions and further explanations. This provides a more comprehensive learning experience and ensures understanding of important concepts.

Links to Additional Resources In-text additional readings and resources link to supplementary material.

These are also great sources for essay and assignment references.

Note Taking Students can easily highlight and make notes in the interactive eBook.

These notes can be shared between students or migrated to a OneNote document for exam preparation.

Textbook Purchase Options Print and digital formats available for all local Cambridge textbooks

Cambridge University Press print textbooks and eTextbooks are available through a range of retailers and our own platforms.

Below are the primary ways institutions and students may gain access:

PHYSICAL TEXTBOOK Your students can purchase a physical textbook: • • •

Online at www.cambridge.org From your campus bookstore By calling or emailing Cambridge Customer Service

•

From various online retailers, including: • Booktopia (www.booktopia.com.au) • Zookal (www.zookal.com.au) • The Nile (www.thenile.com.au) • Fishpond (www.fishpond.com.au) • Amazon (www.amazon.com.au)

eTEXTBOOK Your students can purchase an eTextbook: •

From various online retailers, including: • eBooks (www.eBooks.com) • VitalSource (www.vitalsource.com) • Amazon Kindle (www.amazon.com.au)

Institutional Licensing Institutions may purchase eTextbooks for student access through the following subscription models: • Unlimited concurrent user access subscription (via Cambridge Core or Higher Education) • Limited concurrent user access subscription (via VitalSource Bridge) For more information about institutional licenses, please contact: academicmarketing@cambridge.org.

LMS Integrations VitalSource and Kortext integrate directly with your learning management system such as Blackboard, Moodle, Canvas and many others, via single sign-on access. This enables the provisioning of eTextbooks directly to students in a seamless workflow, with options to embed the textbook within online course delivery. eTextbook purchase options are either student-pays or institution-pays. Once linked, lecturers may view usage statistics and detailed reporting on their students’ reading activity.

Cambridge University Press is a leading textbook publisher, delivering high-quality teaching materials and learning solutions that inspire students to achieve.

We publish textbooks by world-class authors for undergraduate and postgraduate students. Our textbooks provide students and lecturers with authoritative and stimulating materials that are relevant to real-world issues.

Lecturers, contact us to request your inspection copy If you teach a relevant course and are considering using one of our textbooks as a set text then you can request a free inspection copy.* Order online or contact us to make a request: Online:

www.cambridge.org/academic

Email:

academicmarketing@cambridge.org

Phone:

(03) 8671 1400 * Subject to course and title requirements

Sales representative contact information VIC, TAS & SA Michael Shaw Email: mshaw@cambridge.org Tel: (Mobile) 0439 273 850

QLD, NT & NZ Nicole Mottlee Email: nmottlee@cambridge.org Tel: (Mobile) 0437 389 810

NSW, ACT & WA Narelle Macdonald Email: nmacdonald@cambridge.org Tel: (Mobile) 0448 668 040

Publish with us We encourage you to contact one our dedicated higher education publishers to discuss your ideas and needs for textbooks in law.

Get in touch with our publishers at academicpublishinganz@cambridge.org.

Like us on facebook: https://www.facebook.com/CambridgeUniversityPressAcademic/ Subscribe to our YouTube channel: www.youtube.com/cambridgeUPAcPro

ABN 28 508 204 178

ARBN 007 507 584