Cambridge University Press Law Catalogue 2017 by Cambridge University Press Academic

NEW: Learning Law (page 20)

NEW: The Foundations of Australian Public Law (page 1)

NEW: Contemporary Australian Corporate Law (page 4)

LAW Textbooks from Cambridge www.cambridge.org/lawanz17

ABN 28 508 204 178 ARBN 007 507 584

Contents CONSTITUTIONAL, ADMINISTRATIVE, PUBLIC LAW NEW 01 The Foundations of Australian Public Law 02 Government Accountability: Australian Administrative Law 02 Modern Administrative Law in Australia: Concepts and Context 03 The Constitution of the Commonwealth of Australia: History, Principle and Interpretation CORPORATE AND COMMERCIAL LAW/CORPORATE GOVERNANCE 03 Australian Export: A Guide to Law and Practice, 2nd edition 04 Contemporary Australian Corporate Law NEW 05 Principles of Contemporary Corporate Governance, 4th edition NEW 06 Australian Commercial Law CRIMINAL LAW 06 Modern Criminal Law of Australia, 2nd edition CYBER LAW 07 Principles of Cybercrime, 2nd edition 07 Social Media and Electronic Commerce Law, 2nd edition DISPUTE RESOLUTION, MEDIATION AND ARBITRATION 08 The Principles and Practices of International Commercial Arbitration, 3rd edition EMPLOYMENT LAW 08 Equality and Discrimination Law in Australia: An Introduction 09 Employment, Labour and Industrial Law in Australia

NEW

EUROPEAN LAW 13 European Union Law, 3rd edition

HEALTH LAW 15 Health Law: Frameworks and Context

NEW

HUMAN RIGHTS LAW 16 International Human Rights Law, 2nd edition HUMANANITARIAN LAW/LAW OF ARMED CONFLICT 16 International Humanitarian Law 17 The Law of Armed Conflict: International Humanitarian Law in War, 2nd edition 17 War, Aggression and Self-Defence, 6th edition NEW

www.cambridge.org/lawanz17

NEW NEW

INTRODUCTION TO LAW 20 Learning Law

NEW

JURISPRUDENCE 21 Jurisprudence, 3rd edition

NEW

LEGAL SKILLS AND PRACTICE 22 Lawyering Skills and the Legal Process, 2nd edition 22 The Good Lawyer 23 Modern Legal Drafting: A Guide to Using Clearer Language, 3rd edition 23 The Art of Argument: A Guide to Mooting 24 Inside Lawyersâ&#x20AC;&#x2122; Ethics, 2nd edition MIGRATION AND REFUGEE LAW 24 Migration and Refugee Law: Principles and Practice in Australia, 3rd edition

PROPERTY LAW 25 The Boundaries of Australian Property Law

ENVIRONMENTAL LAW 10 Principles of International Environmental Law, 3rd edition 11 Australian Climate Law in Global Context 11 International Environmental Law

FAMILY LAW 14 The Family in Law

INTERNATIONAL ECONOMIC AND TRADE LAW/WTO LAW 18 Essentials of WTO Law 19 The Law and Policy of the World Trade Organisation: Text, Cases and materials, 4th edition 19 The International Law on Foreign Investment, 4th edition

PRIVATE LAW 25 Remedies in Australian Private law

ENERGY LAW 10 Mining and Energy Law

EQUITY AND TRUSTS 12 Equity and Trusts in Australia, 2nd edition 13 A Sourcebook on Equity and Trusts in Australia

INTELLECTUAL PROPERTY LAW 18 Australian Intellectual Property Law, 3rd edition

PUBLIC INTERNATIONAL LAW NEW 26 International Law, 2nd edition 27 International Law: Cases and Materials with Australian Perspectives, 2nd edition 27 An Introduction to International Criminal Law and Procedure, 3rd edition 28 Handbook of International Law, 2nd edition 28 International Law, 7th edition 29 International Law Documents 29 The International Law of the Sea, 2nd edition 30 International Dispute Settlement, 6th edition RELIGION AND THE LAW 30 Law and Religion UN AND INTERNATIONAL LAW 31 An Introduction to International Organisations Law, 3rd edition 31 Modern Treaty Law and Practice, 3rd edition

Published locally Companion resources

New locally published titles:

PAGE 1

PAGE 9

PAGE 20

Learning Law

The Foundations of Australian Public Law

Employment, Labour and Industrial Law in Australia

PAGE 4

PAGE 14

PAGE 15

Health Law:

Contemporary Australian Corporate Law

Frameworks and Context

The Family in Law

New editions of local titles:

PAGE 21

Equity and Trusts in Australia Second Edition 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. M W Bryan is Professor Emeritus at the University of Melbourne. V J Vann is Adjunct Associate Professor at Monash University. S Barkehall Thomas is a Senior Lecturer at Monash University.

EQUITY AND TRUSTS IN AUSTRALIA

Bryan, Vann and Barkehall Thomas

Second Edition

EQUITY & TRUSTS in Australia

MW Bryan, VJ Vann and S Barkehall Thomas

Second Edition

A comprehensive companion website for students includes: Further readings Further commentary Problems and answers

PAGE 12

Cover image: ÂŠ Getty Images/friztiny

ONLINE RESOURCES www.cambridge.edu.au/academic/companion/equity2e

PAGE 5

Bi-annual updates

Jurisprudence 3 edition rd

Equity and Trusts in Australia 3rd edition

Principles of Contemporary Corporate Governance

4th edition

Constitutional, Administrative, Public Law

The Foundations of Australian Public Law Anthony J. Connolly, Australian National University

Publication date: May 2017 247x174 mm, 452 pp 9781107679795 | Paperback (also available as an eBook)

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

Adopts a thematic and integrated approach to the subject matter, through the use of the core concepts of state, power and accountability Incorporates comparative aspects, drawing on legal and political developments in Europe, North America and Asia Informed by key ideas in contemporary public law theory and by current developments in the theory and practice of higher education

Contents 1. Introduction: What is Australian public law? 2. Constitution I: The history of the Australian state 3. Constitution II:The structure of the Australian state 4. Legitimation: Justifying state power 5. Legislation: Making valid law 6. Administration: Governing lawfully 7. Adjudication: Determining and applying law 8. Validation: Reviewing state action 9. Protection: Human rights and Australian public law 10. Direction: Future trends in Australian public law.

Watch a video of this title on our Youtube channel: Cambridge Academic Books

or Lecturer at the Adelaide Law School,

at the Adelaide Law School, University of

GROVES - MODERN ADMINISTRATIVE LAW IN AUSTRALIA

or Lecturer at the Adelaide Law School,

JUDITH BANNISTER, GABRIELLE APPLEBY & ANNA OLIJNYK

Matthew Groves is an Associate Professor in the Law School of Monash University, where he teaches and researches in administrative law. He is also a member of the Commonwealth Administrative Review Council, the peak body that advises the federal government on administrative law and policy.

9781107692190

y explains the intricacies of the field and theoretical and practical knowledge to actions of government.

Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives.The full range of the subject is explored, from first principles to the cutting edge of controversies and concerns unfolding today. The contributors – including highly respected academics from 11 Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia – are at the forefront of current research, debate and decision-making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Each chapter addresses an important conceptual or procedural concern within administrative law with reference to current issues and trends, including human rights, environmentalism, immigration, privacy and integrity in government. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law in Australia unravels the intricacies and reveals how they are applied in real cases. Illuminating and engaging, it is an essential reference for students and practitioners of administrative law.

MODERN ADMINISTRATIVE LAW IN AUSTRALIA

s a concise introduction to administrative

Constitutional, Administrative Law, Public Law

GROVES

out the book, the theory, law and practice ve law are explored with reference to the countability.

GOVERNMENT ACCOUNTABILITY AUSTRALIAN ADMINISTRATIVE LAW

mplex theory underlying this area of law many examples and with an emphasis on s the multifaceted nature of government, actions. It explains and analyses in detail anisms of administrative law in a way mploy them in the context of new and

BANNISTER, APPLEBY & OLIJNYK

: Australian Administrative Law offers n to administrative law in Australia by nciple, accountability.

CMYK

Constitutional, Administrative Law, Public Law

MODERN ADMINISTRATIVE LAW IN AUSTRALIA Concepts and Context Edited by Matthew Groves

Cover image: © CGTextures.com

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Government Accountability Australian Administrative Law

Judith Bannister, University of Adelaide Gabrielle Appleby, University of Adelaide Anna Olijnyk, University of Adelaide Joanna Howe, University of Adelaide

Modern Administrative Law in Australia Concepts and Context

Edited by Matthew Groves, Monash University

Available Now 2014, 248 x 174 mm, 665 pp 9781107667884 | Paperback (also available as an eBook)

Available Now 2014, 248 x 174 mm, 480 pp 9781107692190 | Paperback (also available as an eBook)

Government Accountability: Australian Administrative Law offers an accessible introduction to administrative law in Australia by reference to its guiding principle, accountability. This text provides a concise introduction to administrative law in Australia that clearly explains the intricacies of the field and provides readers with the theoretical and practical knowledge to analyse the decisions and actions of government. • An accessible introduction to administrative law in theory, law and practice • Provides case extracts to offer practical examples of the principles being discussed

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

Contents 1. Introduction Part I. Administrative Decision-making 2. Organisation and structure of government 3. Administrative powers 4. Delegated legislation Part II. Accountability Mechanisms 5. Public investigatory bodies 6. Information disclosure 7. Review sought by affected persons Part III. Merits Review 8. Review on the merits 9. Administrative review tribunals Part IV. Judicial Review 10. Introduction to judicial review 11. Limits on judicial review 12. Introduction to the grounds of review 13. Procedural fairness 14. Determining the scope of a power 15. Improper exercise of power 16. Consequences of unlawful action.

Contents Part I. The Structure and Themes of Administrative Law 1. Administrative law in the Australian environment 2. Administrative law in Australia: Themes and values revisited 3. The public/private distinction and the reach of administrative law 4. Human rights and judicial review: Two sides of the same coin? 5. Security and fairness in Australian public law 6. Statutory interpretation and administrative law 7. Standing for environmental groups: Protecting public and privet interests Part II. Judicial Review 8. The constitutional dimension 9. Australia’s codification of judicial review: Has the legislative effort been worth it? 10. The evolution and entrenchment of natural justice 11. Holding government to its word: Legitimate expectations and estoppels in administrative law 12. Jurisdictional error and beyond 13. Privative clauses: Politics, legality and the constitutional dimension Part III. Beyond the Courts 14. The integrity branch: A ‘system’, and ‘industry’, or a sensible emerging fourth arm of the government? 15. The ombudsman 16. Freedom of information: A new era with old tensions 17. Privacy 18. Tribunals and merits review 19. ‘Fair is foul and foul is fair’: Migration tribunals and a fair hearing.

Constitutional, Administrative Law, Public Law

Corporate and Commercial Law/ Corporate Governance

As global trade and overseas markets become increasingly important for Australian business, the need for a concise and accessible overview of relevant laws and procedures has never been greater. Australian Export meets this need with an emphasis on real-world considerations and practical solutions, underpinned by expert commentary on the law.

Additional resources, including chapter summaries, case studies, PowerPoint slides and discussion questions, are available online at www.cambridge.edu.au/academic/export.

Justin Malbon is a Professor at the Law School, Monash University. Bernard Bishop is a former Senior Lecturer in the Department of International Business and Asian Studies, Griffith Business School, Griffith University.

Second edition

This new edition has been thoroughly updated to reflect recent legal developments in Australia and internationally, and the coverage of many topics has been expanded. New examples and case studies have been added, and each chapter now includes key concepts and further reading to reinforce learning.

AUSTRALIAN EXPORT

978110764300 MALBON & BISHOP AUSTRALIAN EXPORT: A GUIDE TO LAW AND PRACTICE 2E CMYK

Australian Export: A guide to law and practice remains an ideal introduction and guide to the legal requirements and processes that affect international transactions, and their commercial implications.

Malbon & Bishop

SPINE: 22MM

2nd edition

AUSTRALIAN EXPORT A guide to law and practice Second edition

Justin Malbon and Bernard Bishop Cover image: 2014 Used under license from Shutterstock.com/ Sakarin Sawasdinaka

9781107643006cvr.indd 1

15/08/2014 6:28 pm

The Constitution of the Commonwealth of Australia

Australian Export

A Guide to Law and Practice

History, Principle and Interpretation

Nicholas Aroney, University of Queensland Peter Gerangelos, Sydney Law School Sarah Murray, University of Western Australia James Stellios, Australian National University Available Now 2015, 228 x 152 mm, 704 pp 9780521759182 | Paperback (also available as an eBook)

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. • Written in a manner that is accessible to undergraduate law students • Up-to-date, rigorous and intellectually demanding • Its structure follows that of the Constitution itself, beginning with an account of the Constitution’s drafting, and proceeding to extended analysis and evaluation of the Australian High Court’s constitutional jurisprudence • It advances a sophisticated thesis about the nature, scope and meaning of Australian constitutional law

Justin Malbon, Monash University Bernard Bishop, Griffith University Available Now 2014, 247 x 174 mm, 400 pp 9781107634008 | Paperback (also available as an eBook) Australian Export: A Guide to Law and Practice remains an ideal introduction and guide to the legal requirements and processes that affect international transactions, and their commercial implications. This new edition has been thoroughly updated to reflect recent legal developments in Australia and internationally, and the coverage of many topics has been expanded. New examples and case studies have been added, and each chapter now includes key concepts and further reading to reinforce learning. • A concise and accessible overview of relevant laws and procedures • Thoroughly updated to reflect recent legal developments in Australia and internationally • Additional resources, including chapter summaries, additional case studies, PowerPoint slides and discussion questions, are available online

Contents 1.

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.

An introduction to the export and import of goods and services 2. Contracts for the international sale of goods 3. Incoterms 4. Payment 5. Transport of exported goods 6. Cargo insurance 7. Customs and anti-dumping 8. Exporting through an overseas representative 9. Exporting via licensing and franchising arrangements 10. Exporting via an overseas business presence 11. Dispute settlement 12. Exporters and the WTO.

Corporate and Commercial Law/Corporate Governance

Contemporary Australian Corporate Law Stephen Bottomley, Australian National University Kath Hall, Australian National University Peta Spender, Australian National University Beth Susan Nosworthy, University of Adelaide

Publication date: October 2017 247 x 174 mm 612 pp 9781316628270 | Paperback (also available as an eBook)

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

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 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.

Corporate and Commercial Law/Corporate Governance 4th edition

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

Publication date: December 2017 247 x 174 mm, 604 pp 9781108413022 | Paperback (also available as an eBook) Now in its fourth edition, Principles of Contemporary Corporate Governance offers comprehensive coverage of the key topics and emerging themes in private sector corporate governance. It explains both the principles of corporate governance systems and their real-world application in an authoritative and engaging manner. This fully revised and updated text comprises four parts: basic concepts, board structures and company officers; corporate governance in Australia; corporate governance in international and global contexts; and shareholder activism and business ethics. The coverage of international contexts, written by specialist contributors, includes chapters on the US, UK, Canada, South Africa, the EU, the OECD, Germany, Japan, China and Indonesia, plus new chapters on New Zealand and India. A new chapter on business ethics and corporate governance presents contemporary discussions on the topic and explores some of the broader legal issues. Principles of Contemporary Corporate Governance is an indispensable resource for business and law students studying corporate governance, and also for academic researchers and practitioners wanting a deeper understanding of its underlying principles. • • •

Provides relevant and contemporary coverage of corporate governance including case studies and emerging issues Written by Australian scholars who are experts in their field with country sections on the US, UK, NZ (new), Canada, South Africa, India (new), EU, OECD, Germany, Japan, China and Indonesia New chapter called Business Ethics and Corporate Governance to provide greater focus on ethics, CSR and business in society

Contents Part 1. Basic Concepts, Board Structures and Company Officers 1. The concept ‘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 and South Africa 12. Corporate governance in the EU, the 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.

Corporate and Commercial Law/ Corporate Governance

Criminal Law

2nd edition

ble style, each chapter reading to enhance students’ es are discussed in detail and ts to illustrate points of law.

Claudio Bozzi is a Lecturer in the Faculty of Business and Law at Deakin University. Vivi Tan is a Lecturer in the School of Law at Victoria University. Anne Matthew is a Lecturer in the Faculty of Law at Queensland University of Technology.

AUSTRALIAN COMMERCIAL LAW

an indispensable resource comprehensive aw.

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

THAMPAPILLAI / BOZZI / TAN/ ANNE MATTHEW

fers a concise yet commercial law in Australia. gh and detailed discussion rcial law such as agency, transfer of property and es Act. The book also pics within the Australian evant to commercial practice ct, consumer guarantees, conduct.

AUSTRALIAN COMMERCIAL LAW

MODERN CRIMINAL LAW OF AUSTRALIA JEREMY GANS

SECOND EDITION

DILAN THAMPAPILLAI CLAUDIO BOZZI VIVI TAN ANNE MATTHEW

Australian Commercial Law Dilan Thampapillai, Australian National University Claudio Bozzi, Deakin University Vivi Tan, Victoria University Anne Matthew, Queensland University of Technology Available Now 2015, 247 x 173 mm, 544 pp 9781107674578 | Paperback (also available as an eBook) Australian Commercial Law offers a concise yet comprehensive introduction to commercial law in Australia. The textbook provides a thorough and detailed discussion of a variety of topics in commercial law such as agency, bailment, the sale of goods, the transfer of property and the Personal Property Securities Act. Australian Commercial Law is an indispensable resource for students who are seeking a comprehensive understanding of commercial law. • Provides a comprehensive treatment of the key areas of commercial law as well as the key areas of the new Australian Consumer Law • Includes excerpts from judgements to illustrate points of law

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

Modern Criminal Law of Australia Jeremy Gans, University of Melbourne Available Now 2016, 247 x 174 mm, 544 pp 9781107565975 | Paperback (also available as an eBook) This second edition of Modern Criminal Law of Australia builds on the unique, award-winning approach, and retains the accessible structure and writing style, of the first edition. It emphasises the importance of statutory interpretation, official discretion, element analysis and sentencing in Australian law in order to appreciate the meaning and effect of offence provisions. Modern Criminal Law of Australia satisfies the Priseley 11 requirement for Criminal Law and Procedure study in Australia. Its insightful approach provides students and practitioners with a detailed understanding of the common law, traditional code and model code systems, as well as the skills to practise law anywhere in Australia. • Focuses on federal or nation-wide offences • Features a heavy use of running examples including money laundering, offensive conduct, driving offences, pollution, trafficking, sexual offences and people smuggling • This title has criminal procedure fully integrated • It advances a sophisticated thesis about the nature, scope and meaning of Australian constitutional law

Contents 1. Words 2. Choices 3. Conduct 4. Results 5. Circumstances 6. Sentences

7. Standards 8. Groups 9. Failures 10. Exceptions 11. Victims 12. States.

Cyber Law

Criminal Law/Cyber Law 2nd edition

2nd edition

CMYK

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

9781107500532

Alan Davidson is Senior Lecturer in the School of Law, University of Queensland. He is a solicitor and barrister of the Supreme Court of New South Wales and the High Court of Australia, as well as a delegate on the Electronic Commerce Working Group of UNCITRAL.

SOCIAL MEDIA AND ELECTRONIC COMMERCE LAW ALAN DAVIDSON

DAVIDSON

DAVIDSON - SOCIAL MEDIA AND ELECTRONIC COMMERCE LAW SECOND EDITION

This new edition has been thoroughly revised to address changes in legislation and recent court judgments, and to reflect the dynamic sphere of social media. New chapters focus on internet and e-commerce law regarding social media, P2P file sharing, cloud computing and workplace issues, with an emphasis on data security made particularly relevant by the proliferation of hacking incidents.

SOCIAL MEDIA AND ELECTRONIC COMMERCE LAW

The ever-evolving nature of electronic commerce and social media continues to challenge the capacity of the courts to respond to privacy and security violations in ‘cyberlaw’. Social Media and Electronic Commerce Law is designed to provide students and legal practitioners with a thorough and engaging exploration of the laws, regulations and grey areas of commerce via online platforms.

SECOND EDITION

Cover image: Shutterstock.com/My Life Graphic

SECOND EDITION

Principles of Cybercrime Jonathan Clough, Monash University

Social Media and Electronic Commerce Law Alan Davidson, University of Queensland

Available Now 2015, 235 x 158 mm, 579 pp 9781107698161 | Paperback (other formats available: eBook and hardback)

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

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

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

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

Contents

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

Part I. Introduction 1. An electronic renaissance – digital lex mercatoria and digital persona 2. The rule of cyberspace Part II. Social Media 3. Social media law 4. Peer-to-peer file sharing 5. Cloud computing 6. Social media and the workplace 7. Defamation in cyberspace 8. Privacy in cyberspace 9. Electronic mail and online presence 10. Censorship online Part III. Electronic Commerce 11. Electronic commerce and the law of contract 12. Contracting online 13. Electronic signatures 14. Copyright issues in electronic commerce 15. Trade marks, patents and circuit layouts 16. Domain names 17. Jurisdiction in cyberspace 18. Cybercrime 19. Evidence of electronic records Part IV. Conclusion 20. Cyberspace reflections and conclusions.

Dispute Resolution, Mediation, and Arbitration

Employment Law

3rd edition

The Principles and Practices of International Commercial Arbitration Margaret L. Moses, Loyola University, USA

Equality and Discrimination Law in Australia: An Introduction Beth Gaze, University of Melbourne Belinda Smith, University of Sydney

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

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

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

This text explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law. • Provides a concise, clear and sophisticated introduction to anti-discrimination law and related areas in Australia • This text has an approach that 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 • Analyses each of the various important components of the law in turn • Uses case studies and diagrams to explain theory

• • •

Covers the latest changes in arbitration laws, rules and guidelines Short and readable and includes comments of arbitrators and counsel on their views and experience of arbitration Provides a comprehensive overview of international commercial arbitration

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

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

Employment Law

Employment, Labour and Industrial Law in Australia Louise Floyd, James Cook University William Steenson, University of Technology, Sydney Amanda Coulthard, Bond University Daniel Williams, Minter Ellison Anne C. Pickering, University of Queensland

Publication date: October 2017 247 x 174 mm, 452 pp 9781316622995 | Paperback (also available as an eBook)

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. • • •

Explores employment, labour and industrial law in one volume Contains current and in-depth analysis of trade union regulation Includes content on public sector, The Judiciary and academics, rarely covered in an undergraduate law text book

Contents 1. 2. 3. 4. 5. 6. 7. 8. 9.

Settling the contract: Essentials of formation and characterisation The employment contract: Implied terms Introduction to the Fair Work Act Bargaining, awards and national employment standards (NES) Trade union law and regulation - unions and industrial action The end of the employment relationship Public work Specialist legislation Emerging issues and new frontiers.

Energy Law

Environmental Law

3rd edition Hepburn

w is a comprehensive introduction to the laws affecting Australia.

amining the ownership framework underpinning natural alia and reviews the proprietary status and scope of the regulation of offshore petroleum extraction. It legal regimes that have emerged in response to more such as coal seam gas, renewable energy and geohapters consider the relevance for the mining and nmental protection and management laws in addition lation. The book concludes with a discussion of the ctual arrangements commonly used by transacting sector.

reinforce key concepts

ng for those wishing to investigate particular topics in

w is the ideal starting point for anyone seeking to ory regimes and policy challenges relevant to one of ant industry sectors. Professor in the School of Law at Deakin University.

Mining and Energy Law

available that encompasses a discussion of both the mining and resource regulation in existing and emergent nwealth as well as for the states and territories.

Mining and Energy Law Samantha Hepburn Foreword by Ross Garnaut

23/06/2015 11:13 am

Mining and Energy Law Samantha Hepburn, Deakin University

Available Now 2015, 247 x 174 mm, 488 pp 9781107663237 | Paperback (also available as an eBook) Mining and Energy Law is the only textbook available that encompasses a discussion of both the law and the policy of mining and resource regulation in existing and emergent areas, for the Commonwealth as well as for the states and territories in Australia. The book is the ideal starting point for anyone seeking to understand the regulatory regimes and policy challenges relevant to one of Australia’s most important industry sectors. • The only student-focused textbook that covers in detail all the issues relating to mining and energy law, across all Australian states and territories (including federal law) • Explores the legal regimes that have emerged in response to more recent developments, such as coal seam gas, renewable energy and geo-sequestration • Features case and statutory discussions as well as relevant revision questions

Contents 1. Ownership of minerals and natural resources 2. Resource titles: Permits, licenses and leases 3. Australian offshore petroleum and minerals regulation 4. Natural gas regulation 5. Unconventional gas regulation 6. Renewable energy: regulation, the RET, wind energy and the market framework 7. Carbon capture sequestration 8. Climate change and mining and energy policy 9. Environmental regulation 10. Mining agreements and revenue frameworks.

Principles of International Environmental Law Philippe Sands, University College of London Jacqueline Peel, University of Melbourne Available Now 2012, 246 x 188 mm, 988 pp 9780521140935 | Paperback (other formats available: eBook and hardback) A new edition of this seminal textbook which offers comprehensive and critical commentary on international environmental law. It is an essential guide to the course that covers key topics, incorporates the latest developments in treaty and case law and draws links to other areas of international law. • Leading textbook in an area of growing importance and complexity, an essential guide for students of international environmental law

Contents Part I. The Legal and Institutional Framework 1. The environment and international society: Issues, concepts and definitions 2. History 3. Governance: States, international organisations and non-state actors 4. International law-making and regulation 5. Compliance: Implementation, enforcement, dispute settlement Part II. Principles and Rules Establishing Standards 6. General principles and rules 7. Atmospheric protection and climate change 8. Freshwater resources 9. Oceans, seas and marine living resources 10. Biological diversity 11. Hazardous substances and activities 12. Waste 13. Polar regions: Antartica and the Arctic Part III. Techniques for Implementing International Principles and Rules 14. Environmental impact assessment 15. Environmental information 16. Financial resources, technology transfer and intellectual property 17. Liability for environmental damage Part IV. Linkage of International Environmental Law and Other Areas of International Law 18. Human rights and armed conflict 19. International trade and competition 20. Foreign investment 21. Future developments.

Environmental Law

ate change law in Australia and internationally. It includes

es and carbon pricing laws

rgy, biosequestration, carbon capture and storage, and

Zahar, Godden & Peel

Global Context is a comprehensive guide to the nature

offsets between developed and developing countries

hnology from developed to developing states

tation to climate change through legal frameworks.

national climate change regime from a legal perspective,

ue circumstances and measures, and its domestic

-related treaties. It also considers how the challenge of climate

ed into broader environmental law and management.

Global Context is an engaging text that provides a clear,

date analysis of climate change law. It is a valuable resource

ronmental science, for current and future legal practitioners related fields, and for policy-makers and those in

king information on the expanding range of climate

ecturer at Macquarie Law School and Co-Director, Education,

quarie University. His research interests are in the areas of state

eaty obligations and the operation of the Clean Development

e Professor at Melbourne Law School, University of Melbourne.

de international and domestic environmental law, risk

tionary principle, and climate change law.

he Centre for Resources, Energy and Environmental Law at

versity of Melbourne. Her research interests include climate

ental governance, natural resources law and indigenous

Australian Climate Law in Global Context

cheme for the protection of forests (REDD) and the transfer of

Australian Climate Law in Global Context Alexander Zahar • Jacqueline Peel • Lee Godden

fires ge e

28/05/12 2:05 PM

Australian Climate Law in Global Context Alexander Zahar, Maquarie University Jacqueline Peel, University of Melbourne Lee Godden, University of Melbourne

Available Now 2012, 228 x 152 mm, 488 pp 9780521142106 | Paperback (also available as an eBook) Australian Climate Law in Global Context is a comprehensive guide to current climate change law in Australia and internationally. It considers how the challenge of climate change should be integrated into broader environmental law and management. It is a valuable resource for students in law and environmental science, for current and future legal practitioners and for policy-makers and those in the commercial sector. • The only book in the Australian market that covers both Australia’s climate laws and the international climate regime in an integrated manner • Includes an extensive bibliography and suggestions for further reading • Provides a clear, well-structured and up-to-date analysis of the subject

Contents Introduction: Arguments, themes and overview 1. Climate law: Meaning and context 2. Legal elements and ongoing development of the international climate change regime 3. Measurement and verification of state emissions and legacy of the Kyoto Protocol’s compliance system 4. Development of climate law in Australia 5. Putting a price on carbon: Regulatory models and emission trading schemes 6. The regulatory network of the Clean Development Mechanism 7. The emerging scheme for the protection of forests in developing countries (REDD) 8. Climate finance, technology transfer, and capacity-building for sustainable development 9. Legal and regulatory frameworks for transition to a lowcarbon economy 10. Biosequestration and emission reductions in the Australian land sector 11. Adaptation to climate change through legal frameworks.

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

Available Now 2015, 247 x 174 mm, 515 pp 9781107673342 | Paperback (other formats available: eBook and hardback) An accessible, up-to-date and legally rigorous introduction to contemporary international environmental law. Detailed references combined with numerous figures and tables provide a conceptually clear understanding of the law in this area. • Covers emerging topics such as foreign investment and the environment, environmental migration, climate change and human rights, technology diffusion, and environmental security in post-conflict settings • A conceptually clear introduction to a complex subject • Engages with technical aspects that some books avoid to ensure full understanding

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.

Equity and Trusts 2nd edition

Equity and Trusts in Australia

At the conclusion of each chapter, students are invited to further engage with the content via access to the companion website which includes extended readings, further commentary, practice problems and discussion topics that are updated by the authors. Equity and Trusts in Australia Second Edition 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. M W Bryan is Professor Emeritus at the University of Melbourne. V J Vann is Adjunct Associate Professor at Monash University. S Barkehall Thomas is a Senior Lecturer at Monash University.

ONLINE RESOURCES www.cambridge.edu.au/academic/companion/equity2e A comprehensive companion website for students includes: Further readings

Further commentary

Problems and answers

EQUITY & TRUSTS in Australia

MW Bryan, VJ Vann and S Barkehall Thomas

Cover image: © Getty Images/friztiny

Publication date: August 2017 247 x 175 mm, 448 pp 9781316621943 | Paperback (also available as an eBook)

Second Edition

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

EQUITY AND TRUSTS IN AUSTRALIA

Bryan, Vann and Barkehall Thomas

Second Edition

Bi-annual updates

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 equitable and trust 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, Second Edition links key doctrines to their wider relationship with the law, making it a fundmental text for students embarking on this area of study for the first time. • • • •

Focuses exclusively on topics that LLB and JD students typically cover Connects theory with practice - application boxes show how theories relate to real applications Clearly explains the relationship between equitable doctrines and equitable remedies by addressing these earlier in the earlier chapters Essential concepts are explained in jargon-free terminology without loss of accuracy

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

Available as a value bundle with A Sourcebook on Equity and Trusts in Australia (page 13) This comprehensive principles and sourcebook bundle allows students to both develop and further their knowledge on equity and trusts law in Australia by providing a theoretical basis and practical application to case examples. Contact us for more details

Equity and Trusts

European Law 3rd edition

A Sourcebook on Equity and Trusts in Australia Michael Bryan, University of Melbourne Simone Degeling, University of New South Wales Scott Donald, University of New South Wales Vicki Vann, Monash University

European Union Law Text and Materials

Damian Chalmers, London School of Economics and Political Science Gareth Davies, Vrije University, Amsterdam Giorgio Monti, European University Institute, Florence

Available Now 2016, 247 x 174 mm, 700 pp 9781107663213 | Paperback (also available as an eBook)

Available Now 2014, 245 x 186 mm, 1219 pp 9781107664340 | Paperback (also available as an eBook)

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

Updated to reflect the new post-crisis Europe, this market-leading textbook presents the current state of EU institutional law, the internal market and competition law. Retaining the authority, accessibility and critical analysis of previous editions, the new edition will continue to be the preferred choice of European law teachers and students. • Completely updated to reflect EU law’s reaction to Eurozone upheavals • Restructured to add and remove material in response to teachers’ feedback • Retains hallmark style of critical analysis combined with engaging discursive tone

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

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

Family Law

The Family in Law Archana Parashar, Macquarie University Francesca Dominello, Macquarie University

Publication date: April 2017 247 x 174 mm, 480 pp 9781107561793 | Paperback (also available as an eBook)

This book provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law’s reliance upon the nuclear family ideology is central to the book’s discourse, and covers in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic. • • •

Canvasses a broad range of legal issues including the conventional areas of family formation, divorce, property relations and child disputes, and goes further by including areas such as family violence, reproductive technologies, adoption and abortion, and family policy and welfare Provides multi-disciplinary perspectives on family law including psychology and sociology; the influence of philosophical, sociological and historical materials on judicial decision-making in this area; and the influence of social policy on legislative reform Provides an integrated analysis of different areas of family law and draws connections between family law and other social structures such as the market, workplace arrangements, the education system, the tax system, and welfare regimes

Contents Introduction 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. Chid maintenance and support and the wider social context of Australian family law 11. Family regulation: abortion and child protection 12. Children and family formation: adoption and reproductive technologies.

Health Law

Health Law Frameworks and Context Anne-Maree Farrell, La Trobe University John Devereux, University of Queensland Isabel Karpin, University of Technology Sydney Penelope Weller, RMIT University

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

Drawing upon a range of disciplinary perspectives, 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. Written by respected academics within the field, Health Law: Frameworks and Context is an essential text for scholars and students looking to grasp the fundamental concepts of this rapidly expanding area of law, as well as those who wish to deepen their knowledge and understanding of health law in Australia and internationally. • • •

Offers comprehensive coverage of the subject, with a thematic approach Takes a concise, student-focused approach Features contributions from leading authors in the field

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.

Humanitarian Law/ Law of Armed Conflict

Human Rights Law

2nd edition

International Human Rights Law Cases, Materials, Commentary

Olivier De Schutter, Université Catholique de Louvain, Belgium

Available Now 2014, 246 x 173 mm, 1121 pp 9781107657212 | Paperback (other formats available: eBook and hardback) This updated edition includes detailed coverage of substantive human rights, along with new sections on the war on terror and on the progressive realisation of economic and social rights. It has a new more student-friendly text design and has retained the features which made the first edition so engaging and accessible. • The engaging and critical style, integrated materials including questions and case studies in each chapter, and separate further reading section, combine with the new text design to ensure students gain a deep understanding of this complex subject • New edition has been fully updated and includes more detailed coverage of substantive human rights, climate change and international human rights law theory, ensuring this one book provides students with all the materials they need to succeed

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

See also: Equality and Discrimination Law in Australia: An Introduction (p8)

International Humanitarian Law Emily Crawford, University of Sydney Alison Pert, University of Sydney Available Now 2015, 247 x 175 mm, 324 pp 9781107537095 | Paperback (other formats available: eBook and hardback) Up to date with the latest research, this clear and concise textbook provides an accessible examination of international humanitarian law, including emerging trends in theory and practice. Students are expertly guided through the subject with the aid of detailed examples, extracts, discussion questions and suggestions for further reading. • Case studies and other real-life examples illustrate how the law is observed in practice • Each chapter and subject is contextualised with relevant historical, social, and political background, to help students better understand how international humanitarian law regulates the conduct of participants in armed conflict • Chapter introductions and end-of-chapter reading lists support further understanding of the subject

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

Humanitarian Law/ Law of Armed Conflict

Humanitarian Law/ Law of Armed Conflict 2nd edition

The Law of Armed Conﬂict International Humanitarian Law in War Gary D. Solis, Georgetown University Law Center

Available Now 2016, 261 x 183 mm, 864 pp 9781107135604 | Hardback (also available as an eBook) 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. • Revised and expanded second edition of the widely adopted armed conflict textbook • Includes up-to-date coverage of cyber warfare, drone warfare, and terrorism

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 four 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 counter-attacks; 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.

6th edition

War, Aggression and Self-Defence Yoram Dinstein, Tel-Aviv University Publication date: January 2018 2018, 228 x 152 mm, 450 pp 9781316641668 | Paperback (also available in hardback format) War, Aggression and Self-Defence is an indispensable guide to international legal issues of war and peace, the crime of aggression, self-defence and its trigger, armed attack, and the different modalities of self-defence, as well as enforcement measures taken under the aegis of a binding decision of the Security Council. This new and fully updated sixth edition focuses on the key issues at the forefront of the contemporary international legal debate, as well as analysing the new armed conflicts in Syria, Ukraine and Georgia, re-examining the Kampala amendments on the crime of aggression and considering the phenomenon of ‘robust’ mandates of a peacekeeping force.

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

International Economic and Trade Law/WTO Law

Intellectual Property Law 3rd edition

ectual Property Law has been updated to cover ments in intellectual property law, including:

on of the black-letter aspects of the law, and s and complexities, Australian Intellectual etailed and scholarly insight into Australian s and professionals.

Centre for Commercial Law and Regulatory nash University, Special Counsel with er of the Intellectual Property Committee of

aculty of Law at Monash University, and cial Law and Regulatory Studies at the Faculty. Property Committee of the Law Council of

fessor in the School of Law at Griffith llectual Property Committee of the Law

ESSENTIALS OF WTO LAW

AUSTRALIAN INTELLECTUAL PROPERTY LAW

s to the Patents Act 1952 (Cth) and case law ner of manufacture’ ght Act 1968 (Cth) of trade marks in various contexts urt judgments.

Davison, Monotti & Wiseman

is a constantly changing field. Developments ences and in the digitisation of the creation, ormation, along with economic globalisation, nt impact on this field of law.

Peter Van den Bossche Denise Prévost

THIRD EDITION

AUSTRALIAN INTELLECTUAL PROPERTY LAW THIRD EDITION Mark J. Davison Ann L. Monotti Leanne Wiseman

13/10/2015 11:16 am

Australian Intellectual Property Law Mark J. Davison, Monash University Ann L. Monotti, Monash University Leanne Wiseman, Griffith University

Available Now 2015, 228 x 152 mm, 808 pp 9781107472297 | Paperback (also available as an eBook) The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.

Contents 1. Introduction 2. Passing off 3. Registered trade marks 4. Exploitation of registered trade marks 5. Copyright: Introduction 6. Copyright: Subsistence 7. Copyright: authorship and first ownership, nature and duration of rights 8. Copyright: Exploitation, infringement and defences 9. Areas related to copyright: moral rights, performers’ rights, artist’s resale rights, and other rights 10. Designs 11. Equitable doctrine of breach of confidence 12. Patents for inventions: Introduction 13. Patents for inventions: Validity 14. Patents for inventions: Allocation of rights and ownership, the Register and dealings 15. Patents for inventions: Exploitation, infringement and revocation 16. Plant breeder’s rights 17. Remedies and miscellaneous issues.

Essentials of WTO Law Peter Van den Bossche, WTO Appellate Body, Geneva Denise Prévost, University of Maastricht, Netherlands

Available Now 2016, 218 x 140 mm, 348 pp 9781107638938 | Paperback (also available as an eBook) Intended for students and policy makers looking to gain a good understanding of WTO law, this overview of the main rules and procedures of the WTO is written in a concise, accessible and nontechnical manner, and provides both illustrative examples and reading lists to facilitate further learning. • Avoids the technical details which can overload those looking for an introduction to the topic • Demonstrates practical application of theory and rules via fictional illustrative examples • Online resources list shows students where to find the resources they need to look into the ‘real world’ of international trade • Boxes summarising key rulings in WTO case law help readers to see the relevance of dispute settlement rulings and understand how they flesh out the provisions in the WTO agreements

Contents 1. International trade and the law of the WTO 2. Rules on non-discrimination 3. Rules on market access 4. Trade liberalisation and other societal values and interests 5. Rules on unfair trade 6. Rules regarding harmonisation of national regulation 7. The institutional aspects of the WTO 8. The WTO dispute settlement system.

International Economic and Trade Law/WTO Law

International Economic and Trade Law/WTO Law 4th edition

4th edition The International Law on

Foreign Investment Fourth edition

M. Sornarajah

The Law and Policy of the World Trade Organization Text, Cases and Materials Peter Van den Bossche, University of Bern Werner Zdouc, Graduate Institute of International Studies, Geneva Publication Date: October 2017 2017, 247 x 174 mm, 1112 pp 9781316610527 | Paperback Retaining the signature clarity and depth that made it an instant classic, this new 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. • A new online supplement includes questions and assignments to help students assess their understanding and develop useful practical skills • Focusses on key basic principles and the underlying logic of WTO law and the world trading system

Contents 1. International trade and law of the WTO 2. The World Trade Organisation 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 16. Future challenges to the WTO and the multilateral trade system.

The International Law on Foreign Investment M. Sornarajah, National University of Singapore Publication Date: October 2017 2017, 247 x 174 mm 550 pp 9781107590144 | Paperback (also available in hardback format) By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah’s classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments. • A comprehensive and fully up-to-date account of the subject offering a holistic overview of the law contextualised by historical, economic and political perspectives • Provides a perfect balance of authoritative overview and thoughtprovoking analysis

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.

Introduction to Law

Learning Law

Includes bonus interactive eBook

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

Publication date: November 2017 255 x 190 mm, 450 pp 9781316642795 | Paperback (also available as an eBook)

Learning Law is an indispensable guide for students beginning their law studies. It provides the foundational knowledge and skills required for the study and practice of law, and also instils in students a passion and excitement for the law. Written by leading academics who have practised law in a variety of settings, this text challenges students’ traditional notions of the law and encourages them to think critically. This book comes with access to an interactive VitalSource eBook. Fully integrated with the print book, this enhanced version of learning law contains a wealth of supplementary materials. • • •

Written in an engaging style that is designed to demystify the law and get students excited about their law studies and careers. Includes a fully integrated interactive ebook, replete with useful links and videos as well as extension and revision questions that allow students to test their own knowledge as they go. Encourages students to think critically about the future of the law profession by including alternative voices for each topic and ‘Living Law’ case studies that highlight the diversity of careers for law graduates.

Contents Part I. Law, Lawyers and Justice 1. Welcome to the law 2. History and justice 3. Parliaments and courts Part II. Learning the Laws 4. Categories of law 5. Law made by judges 6. Law made by parliaments

Part III. Research and Persuasion 7. Frameworks for legal thinking 8. Analysing and persuading 9. Grappling with facts Part IV. Profession and Community 10. The ethical lawyer 11. Equality, difference and law 12. Lawyering in the digital world 13. Influencing the law.

Jurisprudence 3rd edition

Jurisprudence Suri Ratnapala, University of Queensland Publication date: September 2017 228 x 152 mm, 472 pp 9781316621172 | Paperback (also available as an eBook)

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, deepens understanding of the perennial debates about the nature and function of law and its relation to justice. Fully revised and updated, this edition offers new materials on all topics, including: • discussions of the legal philosophy of the School of Salamanca • the revival of theological natural law • Kant’s theory of natural rights • common law’s cross-pollination with natural rights theory • Foucault’s theory of concealed power • further thoughts on Plato and Hegel • public choice theory • insights from modern psychology. Retaining the engaging prose style it is known for, Suri Ratnapala’s Jurisprudence remains an essential text for students and researchers of jurisprudence and legal theory.

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.

Legal Skills and Practice

Legal Skills and Practice 2nd edition

Evans

THE GOOD LAWYER

The Good Lawyer explores the ethical and professional challenges that confront people who work in the law – or are considering it – and offers principled and pragmatic advice about how to overcome such challenges. It shows you how to develop personal judgment when you may be pulled one way by rules, another way by decided cases and yet another way by conventional ‘role morality’. Going beyond typical treatments of lawyers’ ethical pitfalls, this book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be ‘good’, and to draw on your virtue and judgment when difficult choices arise, rather than relying on compliance with rules or codes.

9781107423435 EVANS . THE GOOD LAWYER C M Y K

The Good Lawyer analyses four important areas of legal ethics – truth and deception, professional secrets, conflicts of interest, and professional competence – and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.

Lawyering Skills and the Legal Process Caroline Maughan, University of the West of England Julian Webb, University of Westminster Available Now 2005, 229 x 152 mm, 466 pp 9780521619509 | Paperback (also available as an eBook) Lawyering Skills and the Legal Process bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university. This book develops students’ understanding and practising of client interviewing, writing and drafting, negotiation and advocacy in the context of the extensive research on the work of the legal profession and the civil and criminal justice systems. • It adopts a workbook approach, enabling students to engage meaningfully with the material • Includes numerous exercises to facilitate teaching and learning • Bridges the gap between academic and practical law for students undertaking undergraduate skills-based and clinical legal education courses

Contents Introduction 1. Descent into the swamp 2. Learning to live in the swamp 3. Law talk and lay talk: Lawyers as communicators 4. You’ll never work alone: Group learning and group skills 5. Interviewing: Building the relationship and gaining participation 6. The ‘Good Lawyer’: Ethics and values in legal work 7. Clarifying language: Making sense of writing 8. Manipulating language: Drafting legal documents 9. Handling conflict: Negotiation 10. Advocacy: Case management and preparation 11. Into court: The deepest swamp?

Written by an expert on legal ethics, The Good Lawyer encourages you to develop a sense of social and moral

Adrian Evans is

– THE GOOD LAWYER – Adrian Evans

Professor of Law at Monash University. He has taught, practised law and consulted in clinical legal education and legal ethics for over three decades. Cover image:

responsibility as the foundation of better legal practice, and is

Man Cheung,

an invaluable reference for students considering a law degree, or a career in law, and for new lawyers seeking more insight

#18. Reproduced

into the moral dimensions of their profession.

with permission.

Botanical Life Series

The Good Lawyer Adrian Evans, Monash University Available Now 2014, 228 x 152 mm, 248 pp 9781107423435 | Paperback (also available as an eBook) The Good Lawyer explores the ethical and professional challenges that confront people who work in the law - or are considering it and offers principled and pragmatic advice about how to overcome such challenges. Written by a legal ethics expert, The Good Lawyer encourages the development of a sense of social and moral responsibility. It is an invaluable reference for students considering a law degree, or a career in law, and for new lawyers seeking more insight into the moral dimensions of their profession. • Thorough grounding in ethical theories, balanced with highly practical guidance that is directly relevant to students’ experiences • Includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making

Contents 1. Good legal education 2. The law practice landscape – choosing to be a ‘good’ lawyer in a good law firm 3. Values, ethics and virtue in lawyering 4. Connecting character to lawyers’ roles 5. Truth and deception 6. Professional secrets 7. Conflicts of loyalty and interest 8. The morality of competence 9. Practical wisdom for lawyers.

Legal Skills and Practice

Legal Skills and Practice 3rd edition

Butt Third Edition

meritus Professor of Law at the University alia.

A guide to using clearer language

rafting provides a comprehensive guide to drafting s in effective, plain English. ird edition of Peter Butt’s and Richard Castle’s Peter Butt has fully revised and updated the text tion. It combines a practical focus with the legal underpin the use of plain language in legal drafting. cal and academic approach distinguishes it from he field. ncludes expanded material on the techniques style that is both clear and legally sound. It also aterial on the challenges and merits of drafting in and provides many before-and-after examples to ising lawyers and students develop key drafting genuinely international approach, dealing with or clear, effective legal drafting in all countries s the language of law. In doing so, it draws on case s from countries as diverse as England, Australia, he United States, Canada, Ireland, India, Malaysia, Hong Kong. eading expert in the field, Modern Legal Drafting hority on legal drafting in plain English, and is an ce for students and practitioners of law alike.

Modern Legal Drafting

rkles with fascinating historical insights, arch, and subtle wit’

rnal of Legal Writing

Modern Legal Drafting A guide to using clearer language Third Edition

Peter Butt

Modern Legal Drafting

The Art of Argument

A Guide to Using Clearer Language

A Guide to Mooting

Peter Butt, University of Sydney

Christopher Kee Universität Basel, Switzerland and Deakin University

Available Now 2013, 228 x 152 mm, 384 pp 9781107607675 | Paperback (also available as an eBook) Modern Legal Drafting provides a comprehensive guide to drafting legal documents in plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. The new edition includes expanded material, many before-and-after examples and draws upon international case law and statutes. • Takes a dual practical and academic approach and goes beyond mere drafting techniques to delve into the theory and case law • Provides many before-and-after examples to bring legal drafting to life • Draws upon international case law and statutes, making it relevant in all countries where English is the language of the law

Contents 1. Introduction 2. What influences the legal drafter? 3. How legal documents are interpreted 4. Some benefits of drafting in plain English 5. How to draft modern documents – Part 1: Structure and form 6. How to draft modern documents – Part 2: Particular issues for legal drafters 7. How to draft modern documents – Part 3: Words and phrases 8. Using the modern style.

Available Now 2007, 215 x 137 mm, 168 pp 9780521685139 | Paperback (also available as an eBook) The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students about to undertake or participate in an international mooting competition, this text explains step-by-step what to do when you first get the moot problem, how to begin researching the subject matter, why practice makes perfect, and how to handle yourself at the competition. • This is the only book available that focuses on international mooting competitions • It explains in detail the secrets of success to winning an international moot, and is the perfect manual for any student entering these competitions

Contents Preface Part I. Making the Most of a Moot: 1. Introduction 2. You’ve made the team – what next? 3. Being part of a team 4. Building an argument 5. Written documents 6. Oral submission 7. Practice moots 8. The competition itself 9. After it’s all over Part II. References and Resources Part III. International Moots.

Legal Skills and Practice

Migration and Refugee Law 2nd edition

3rd edition Vrachnas Bagaric Dimopoulos Pathinayake

igration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into australia. this fully revised third edition provides an

accessible analysis of the theory and practice of this complex and controversial refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.

John Vrachnas was a full-time member of the refugee review tribunal for more than ten years and currently practises as a solicitor in Victoria with a migration and refugee practice. Mirko Bagaric is Professor of Law at deakin university and has worked as a part-time member of both the Migration review tribunal and the refugee review tribunal. Penny Dimopoulos is completing a Phd in refugee law at La trobe university. Athula Pathinayake is Lecturer in Law at deakin university. He has over seven years’ experience practising in the migration field.

Migration and refugee Law

tHird edition

area of the law. it considers the social and political context of migration and

tHird e dition

Migration and refugee Law

P r i n C i P L e S a n d P r a C t i C e i n au S t r a L i a

John Vrachnas Mirko Bagaric Penny dimopoulos athula Pathinayake

Inside Lawyers’ Ethics Christine Parker, University of Melbourne Adrian Evans, Monash University Available Now 2013, 240 x 170 mm, 420 pp 9781107641730 | Paperback (also available as an eBook) Inside Lawyers’ Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. This new edition is fully updated, with a new chapter on confidentiality and new case studies and review questions. This edition also contains a self-assessment instrument designed to allow readers to recognise the type of lawyering that most appeals to them. Inside Lawyers’ Ethics promotes self-awareness and offers a positive and enriching approach to problem solving, rather than one based on the ‘don’t get caught’ principle. It is essential reading for students of law and newly qualified legal practitioners. • Case studies and questions which encourage self-reflection are contained in each chapter • Includes a new chapter covering the spectrum of issues surrounding lawyers’ confidentiality • All chapters have been updated and reflect the changes to conduct rules contained in the Australian Solicitors’ Conduct Rules (ASCR)

Contents 1. Introduction: Values in practice 2. Alternatives to adversarial advocacy 3. The responsibility climate: Professionalism and the regulation of lawyers’ ethics 4. Confidentiality: Boundaries and disclosure 5. Ethics in criminal justice: Proof and truth 6. Civil litigation and excessive adversarialism 7. Ethics in negotiation and alternative dispute resolution 8. Conflicting loyalties 9. Lawyers’ fees and costs: Billing and over-charging 10. Corporate lawyers and corporate misconduct 11. Conclusion – personal professionalism: Virtue, values and legal professionalism.

Migration and Refugee Law Principles and Practice in Australia John Vrachnas Mirko Bagaric, Deakin University Penny Dimopoulos Athula Pathinayake, Deakin University

Available Now 2011, 228 x 154 mm, 382 pp 9781107623279 | Paperback (also available as an eBook) Migration and Refugee Law: Principles and Practice in Australia is a comprehensive overview of the legal principles governing the entry of people into Australia. This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.

Contents 1. Historical context to migration 2. Immigration control: An overview 3. Basic migration legislation and policy 4. The visa system and application procedures 5. Family and interdependency migration and other Australiabased visas 6. Business and investment visas 7. Skills-based visas 8. Temporary visas 9. Miscellaneous visas 10. Common visa requirements 11. Compliance: Unlawful non-citizens, removal and deportation 12. History of the refugees convention and definitional framework 13. Refugee and humanitarian visas: The statutory structure 14. Convention grounds 15. Persecution 16. Well-founded fear of persecution 17. Limits on protection of refugees – cessation, exclusion exceptions and protection by another country 18. Time for a fundamental re-think: Need as the criterion for assistance 19. The determination and review process for migration and refugee decisions.

Private Law

matic and accessible approach set out in this enable students, practitioners and others to develop ching conception of remedial law, and thereby heir capacity to analyse legal problems and find the ions.

nett is Senior Lecturer in the Melbourne Law School, rsity of Melbourne.

der is Senior Lecturer in the Faculty of Law, University.

REMEDIES in Australian Private Law

uctured with a strong black-letter law focus, this udes detailed coverage of remedies for tort, breach t, the Australian Consumer Law and equitable ns. It also includes discussion of theoretical ves on issues such as the fusion of common law and e nature of reasonable fee awards and the concept of ichment.

Barnett & Harder

in Australian Private Law offers a clear, logical and treatment of remedies in common law, equity and esigned in response to the rapid expansion of interest d of law, this book provides readers with a theoretical cal framework for understanding the principles of w remedies and how they are applied.

Property Law

REMEDIES in Australian Private Law Katy Barnett Sirko Harder Foreword by Andrew Robertson

Gallery

17/02/2014 3:38 pm

Remedies in Australian Private Law Katy Barnett, University of Melbourne Sirko Harder, University of Sussex Available Now 2014, 247 x 174 mm, 536 pp 9781107610835 | Paperback (also available as an eBook) Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, it provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. • The book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations • Provides a detailed theoretical and practical framework for students • Logical structure illuminates the links and differences between different remedies

Contents 1. Introduction; Part I. General Principles of Compensation: 2. Assessment of compensation; 3. Attribution of responsibility; 4. Multiple wrongdoers; Part II. 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 III. Remedies Compelling Performance and Related Remedies: 10. Specific performance; 11. Injunctions; 12. ‘Equitable damages’ or Lord Cairns’ Act Damages; Part IV. Remedies as Vindication: 13. Self-help remedies; 14. Exemplary damages and aggravated damages; 15. Apologies and declaratory relief; Part V. Accounts of Profit and Other Gain-Based Relief for Wrongs: 16. Disgorgement of gains and ‘reasonable fee’ damages; Part VI. Restitution and Giving Back: 17. Personal remedies for unjust enrichment; 18. Rescission; Part VII. Proprietary Remedies: 19. Proprietary remedies; Part VIII. Enforcement of Remedies: 20. Enforcement of remedies.

The Boundaries of Australian Property Law Edited by Hossein Esmaeili, Flinders University Brendan Grigg, Flinders University

Available Now 2016, 247 x 174 mm, 348 pp 9781107572652 | Paperback (also available as an eBook) 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 Hossein Esmaeili and Brendan Grigg 1. Property: Concept, rational, contexts Peter D. Burdon 2. The emergence of the Torrens System in Australia Greg Taylor 3. Fundamental concepts for Australian real property law: tenure, estates, possession and adverse possession Brendan Grigg 4. Torrens title: Registered and unregistered interests Brendan Grigg 5. Boundaries of land, fixtures and ownership of minerals and resources: The search for certainty Hossein Esmaeili 6. Native title: History and conflict Peter D. Burdon 7. Co-ownership: The interplay of common law, equity and the Torrens System Jane Knowler 8. Strata title, community title and residential tenancies: changing how we live Bronwen Leroy 9. Property, choice and obligation: The Australian law of leases and licences Paul Babie 10. The power of subsidiary interests in land to shape our world: the Australian law of easements Paul Babie 11. Restrictive covenants and the Torrens System Hossein Esmaeili 12. The Torrens System mortgage: Mortgagor protection under the common law, in equity and under statute Natalie Skead.

Public International Law 2nd edition

International Law Jan Klabbers, University of Helsinki

Publication date: April 2017 247 x 175 mm, 398 pp 9781316506608 | Paperback (also available as an eBook)

Written by one of the world’s leading international lawyers, this is the new and updated edition of Jan Klabber’s 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 organizing 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. The second edition has been updated throughout, with particular attention to recent judicial decisions, and features new sections on sovereign debt relief, the prompt release of vessels, and the Antarctic. • • •

The new and updated edition of this landmark textbook by a leading international law scholar Gives the broadest perspective on subject by looking at not only the legal but also the diplomatic and political context The clear four-part structure guarantees students’ understanding

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.

Public International Law

Public International Law 2nd edition

anctions, law enforcement against pirates

orous analysis and is an indispensable

nal Law at the ANU College of Law at the

at the Australian National Centre for Ocean

Donald R. Rothwell Stuart Kaye Afshin Akhtarkhavari Ruth Davis

INTERNATIONAL LAW

ent of international law. Cases and treaties les and distinctive learning points. ted in line with recent developments in the force, as well as expanded content on the

Rothwell, Kaye, Akhtarkhavari & Davis

ustralian Perspectives is the authoritative ernational law students. Written by a team

s developed, implemented and interpreted, ughout. It balances analysis of international Australian perspectives and practice. chapters on human rights, law of the sea,

3rd edition

llongong.

nd Reader in Law at the Griffith Law School.

SECOND EDITION

y of Law, Humanities and the Arts at the

INTERNATIONAL LAW Cases and Materials with Australian Perspectives

Second Edition

International Law Cases and Materials with Australian Perspectives Donald R. Rothwell, Australian National University Stuart Kaye, University of Wollongong Afshin Akhtarkhavari, Griffith University Ruth Davis, University of Wollongong

An Introduction to International Criminal Law and Procedure Robert Cryer, University of Birmingham Hikan Friman, University College London Darryl Robinson, Queen’s University, Ontario Elizabeth Wilmshurst, University College London

Available Now 2014, 247 x 174 mm, 920 pp 9781107691193 | Paperback (also available as an eBook)

Available Now 2014, 245 x 175 mm, 625 pp 9781107698833 | Paperback (other formats available: eBook and hardback)

International Law: Cases and Materials with Australian Perspectives is the authoritative textbook for Australian international law students. Written by a team of experts, it examines how international law is developed, implemented and interpreted, and features comprehensive commentary throughout. All core areas of the law are covered, with chapters on human rights, law of the sea, international environmental law and enforcement of international law. • This new edition has been thoroughly updated in line with recent developments in the field • It is comprehensive, providing the right balance of cases, extracts and commentary • It balances analysis of international law in a global context with a strong focus on Australian perspectives and practice

In addition to a comprehensive update, this new edition also explores new topics in the field, such as the developing theory of international criminal law. Distinguished by its comprehensive coverage, clear organisation and expert analysis, this edition will continue to be the number one choice for students. • The established market leading textbook written by an unbeatable author team of experts • Clarity of expression and comprehensive coverage combine to make this required reading for all students

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. Use of force 13. Enforcement of international law 14. The peaceful settlement of international disputes.

Contents Part I. Introduction: 1. Introduction: what is international criminal law?; 2. The aims, objectives and justification 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 Prosecutions: 6. The history of international criminal prosecutions: Nuremberg and Tokyo; 7. The ad hoc international criminal tribunals; 8. The International Criminal Court; 9. Other courts with international elements; Part IV. Substantive Law of International Crimes: 10. Genocide; 11. Crimes against humanity; 12. War crimes; 13. Aggression; 14. Transitional crimes, terrorism and torture; 15. General principles of liability; 16. Defences/grounds for excluding criminal responsibility; Part V. Principles and Procedures of International Prosecutions: 17. Procedures of international criminal investigations and prosecutions; 18. Victims in the international criminal process; 19. Sentencing and penalties; Part 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.

Public International Law

Public International Law 2nd edition

Handbook of International Law Anthony Aust London School of Economics and Political Science Available Now 2010, 248 x 175 mm, 592 pp 9780521133494 | Paperback (other formats available: eBook and hardback) This guide to international law offers a practical approach to the subject, allowing the non-specialist to clearly understand its central principles and rules. Anthony Aust uses his professional experience to give a working knowledge of how the law is created and used by states and international organisations. • Gain a working knowledge of how international law is created and applied by states and international organisations through a handbook that focuses on the key concepts and principles of the subject • More than an introduction to the subject, this practical guide to international law for the non-specialist will give you quick answers to questions such as ‘what is a state?’, ‘who is a refugee?’ and ‘what is the difference between state and diplomatic immunity?’ • Sets out the political and diplomatic context so that you see the problems that laws were originally created to solve, as well as how they are now used to solve day-to-day problems

Contents 1. International law; 2. States and recognition; 3. Territory; 4. Jurisdiction; 5. The law of treaties; 6. Diplomatic privileges and immunities; 7. State immunity; 8. Nationality, aliens and refugees; 9. International organisations; 10. The United Nations, including the use of force; 11. Human rights; 12. The law of armed conflict (international humanitarian law); 13. International criminal law; 14. Terrorism; 15. The law of the sea; 16. International environmental law; 17. International civil aviation; 18. Special regimes; 19. International economic law; 20. Succession of states; 21. State responsibility; 22. Settlement of disputes; 23. The European Union.

7th edition

International Law Malcolm N. Shaw, Essex Court Chambers Available Now 2014, 246 x 189 mm, 1063 pp 9781107612495 | Paperback (also available as an eBook) This new edition of International Law confirms the text’s status as the definitive book on the subject. By offering an unbeatable combination of clarity of expression and academic rigour, the author ensures both understanding and critical analysis. The text has been updated to reflect all case law and treaty developments. • Authoritative text – a student favourite • Comprehensive coverage includes all general principles and key substantive fields such as international economic law and international criminal law

Contents 1. The nature and development of international law 2. International law today 3. Sources 4. International law and municipal law 5. The subjects of international law 6. The international protection of human rights 7. The regional protection of human rights 8. Individual criminal responsibility in international law 9. Recognition 10. Territory 11. The law of the sea 12. Jurisdiction 13. Immunities from jurisdiction 14. State responsibility 15. International environmental law 16. The law of treaties 17. State succession 18. The settlement of disputes by peaceful means 19. The International Court of Justice 20. International law and the use of force by states 21. International humanitarian law 22. The United Nations 23. International institutions.

Public International Law

Public International Law 2nd edition

International Law Documents Edited by Jan Klabbers, University of Helsinki Available Now 2016, 246 x 173 mm, 566 pp 9781316604748 | Paperback (also available as an eBook) This concise collection of the most important international law instruments is an essential resource for all students of international law. In addition to standard instruments, the volume also features international labour documents, the work of the G20, and bilateral and unilateral instruments, as well as American, African and Asian documents. • A concise selection of the most important documents in international law, covering a broad range of topics • Takes a global approach, incorporating American, African and Asian instruments, reflecting the diverse nature of international law courses • In addition to covering standard international law documents, the volume includes international labour instruments, human rights documents, the work of the G20, and bilateral and unilateral instruments, to appeal to students in a variety of specialised international law courses

Contents Part I. General Instruments Part II. Protecting the Individual Part III. Bilateral and Unilateral Instruments Part IV. International Organization and Regulation Part V. Substantive Issues For the chapter list please visit our website at: www.cambridge.org/9781316604748

The International Law of the Sea Yoshifumi Tanaka, University of Copenhagen Available Now 2015, 246 x 176 mm, 548 pp 9781107439672 | Paperback (Other formats available: eBook and hardback) This new edition has been fully revised and updated. It provides up-to-date coverage of all of the topics in law of the sea courses. Contemporary and important issues covered include conservation of marine biological diversity and international peace and security at sea. Detailed footnotes and further reading sections, combined with illustrations and tables ensure understanding of the subject. By offering clarity of expression and academic rigour, The International Law of the Sea remains the best choice for students. • Has a clear, engaging writing style and a systematic manner of analysis • The new edition retains detailed footnotes and further reading sections • Includes student-friendly features such as chapter openings, illustrations and diagrams to enhance understanding of rules

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

Public International Law

Religion and the Law

6th edition

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

Law and Religion Russell Sandberg, Cardiff University

Publication date: April 2017 246 x 173 mm, 402 pp 9781316615737 | Paperback (other formats available: eBook and hardback)

Available Now 2011, 247 x 175 mm, 236 pp 9780521177184 | Paperback (other formats available: eBook and hardback)

The latest edition of this successful textbook on the techniques and institutions used to solve international disputes, how they work and when they are used, looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It is an essential resource for advanced undergraduate and postgraduate courses on international dispute settlement. • Provides a guide to the tools of international dispute settlement - diplomatic and legal methods, as well as institutions - what they are, how they work and when they are used • Fully updated to include all the latest case law, as well as new sections on investment arbitration and regional trade disputes

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. • First textbook developed for the student of law and religion • Comprehensive coverage with concise approach ideal for student audience • Well-organised material and clear writing style guarantee understanding

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.

Contents 1. What is ‘law and religion’? 2. Historical development 3. Legal definitions of religion 4. The legal position of religious groups 5. Religious freedom as a human right 6. Discrimination on grounds of religion 7. Religious offences 8. Religion in schools 9. Religious law 10. The clash of arms.

UN and International Organisations 3rd edition

An Introduction to International Organisations Law Jan Klabbers, University of Helsinki Available Now 2015, 247 x 175 mm, 424 pp 9781107439719 | Paperback (other formats available: eBook and hardback) This market-leading textbook has been updated extensively to reflect the entry into force of the EU’s Lisbon Treaty and new articles on the responsibility of international organisations. It also includes two new chapters on the international civil service and the relations between organisations and other institutions, respectively. • Updates include the addition of new case law, the inclusion of the EU’s Lisbon Treaty (and Croatia’s accession) and the adoption of articles on the responsibility of international organisations • Two new chapters cover the international civil service and relations between organisations and other institutions, respectively

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

UN and International Organisations 3rd edition

Modern Treaty Law and Practice Anthony Aust, London School of Economics and Political Science Available Now 2013, 246 x 173 mm, 516 pp 9781107685901 | Paperback (also available as an eBook) This third edition textbook provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. Updated with numerous detailed examples of the problems, precedents and documents relating to treaties, this book will appeal to teachers and students in law, political science, international relations and diplomacy. • Each chapter has been updated to include many more detailed examples of treaties and related documents (e.g. MOUs) • Written by an experienced practitioner, conveying the practical side of treaty law • Contains more candid information than previous editions, as the author has now left his post in the Foreign Commonwealth Office

Contents Introduction; 1. Vienna Convention on the Law of Treaties 1969; 2. What is a treaty?; 3. MOUs; 4. Capacity to conclude treaties; 5. Full powers; 6. Adoption and authentication; 7. Consent to be bound; 8. Reservations; 9. Entry into force; 10. Treaties and domestic law; 11. Territorial application; 12. Successive treaties; 13. Interpretation; 14. Third States; 15. Amendment; 16. Duration and termination; 17. Invalidity; 18. The depositary; 19. Registration and publication; 20. Dispute settlement and remedies; 21. Succession to treaties; 22. International organisations; 23. Drafting and final clauses.

TEXTBOOK PURCHASE OPTIONS Print and digital formats available for all local Cambridge textbooks At Cambridge University Press we aim to make it as easy as possible for your students to purchase their textbook in time for the start of semester. All our textbooks are available in a variety of formats, and can be purchased from multiple online or in-store retailers.

PHYSICAL TEXTBOOK All our textbooks are available as a printed book. WHERE CAN MY STUDENTS PURCHASE THE PHYSICAL TEXTBOOK?? From your campus bookstore Online at www.cambridge.org By calling or emailing Cambridge Customer Service (details over the page) From various online retailers. Some popular online retailers include: Booktopia (www.booktopia.com.au) Zookal (www.zookal.com.au) The Nile (www.thenile.com.au) Fishpond (www.fishpond.com.au)

EBOOK Bryan, Vann and Barkehall Thomas

Our textbooks are also available as eBooks at a discounted price, ensuring students have an affordable option for Second Edition purchasing. WHERE CAN MY STUDENTS PURCHASE THE EBOOK? From online retailers, including: eBooks (www.eBooks.com) VitalSource (www.vitalsource.com)

EQUITY AND TRUSTS IN AUSTRALIA

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. Chapters including Fiduciary Obligations, Resulting Trusts and Constructive Trusts have been reworked to strengthen the text’s coverage of all facets of equity and trusts law. At the conclusion of each chapter, students are invited to further engage with the content via access to the companion website which includes extended readings, further commentary, practice problems and discussion topics that are updated by the authors. Equity and Trusts in Australia Second Edition 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. M W Bryan is Professor Emeritus at the University of Melbourne. V J Vann is Adjunct Associate Professor at Monash University. S Barkehall Thomas is a Senior Lecturer at Monash University.

EQUITY & TRUSTS in Australia

Second Edition

MW Bryan, VJ Vann and S Barkehall Thomas

A comprehensive companion website for students includes: Further readings

KINDLE TEXTBOOK

ONLINE RESOURCES www.cambridge.edu.au/academic/companion/equity2e

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Modern CriMinal law of australia

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seCond edition

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

3 Health promotion principles and practice: addressing complex public health issues using the Ottawa Charter Bernadette Sebar, Kirsty Morgan and Jessica Lee

Jeremy Gans is a Professor at Melbourne Law School. He has taught courses on criminal law, evidence law, criminal procedure, sentencing law and expert evidence. In 2007, he was appointed as the first human rights adviser to the Victorian Parliament’s Scrutiny of Acts and Regulations Committee, and he has acted as a consultant to that Committee’s review of the Victorian Charter. In 2010, he was made a fellow of the Australian Academy of Law, and in 2013 he was awarded a National Citation for Outstanding Contribution to Student Learning. He is admitted to practice in the Supreme Court of Victoria.

Learning objectives After studying this chapter, you should be able to: • discuss the role of governments and organisations in promoting the health of our communities via healthy public policy • discuss how physical and social environments can be health-promoting or healthcompromising • discuss the role that communities can play in promoting health • explain how individual health-compromising behaviours can be addressed • discuss the role of health services in promoting health.

‘Big Tobacco’ and public health One of the nine priority areas of the Australian National Tobacco Strategy 2012–2018 is to ‘protect public health policy, including tobacco control policies from tobacco industry interference’ (Commonwealth of Australia, 2012, p. iii). As a result of Australia’s strong tobacco control regulations limiting tobacco promotions, taxing tobacco products and restricting smoking areas, Australia’s smoking prevalence has declined from 37% of adults being smokers in 1977, to 16.1% of Australians 18 years and over smoking daily in 2011–12 (Australian Bureau of Statistics, 2000, 2013). This sharply contrasts with smoking prevalence trends in

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