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CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW PRIVATE INTERNATIONAL LAW PROPERTY LAW TORT LAW CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE

CONTRACT LAW COMPARATIVE LAW COMPETITION LAW CONSTITUTIONAL AND ADMINISTRATIVE LAW PRIVATE INTERNATIONAL LAW CORPORATE AND COMMERCIAL LAW CRIMINAL LAW DISPUTE SETTLEMENT E-COMMERCE LAW EQUITY AND TRUSTS LAW EUROPEAN LAW EVIDENCE HUMAN RIGHTS LAW HUMANITARIAN LAW INTERNATIONAL ECONOMIC AND TRADE LAW INTERNATIONAL ENVIRONMENTAL LAW INTERNATIONAL LAW JURISPRUDENCE LABOUR LAW LAW AND RELIGION LEGAL SKILLS MEDICAL LAW

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ContentsAdministrative Law1 Government Accountability - Australian

Administrative Law

2 Modern Administrative Law in Australia - Concepts and Context

Commercial Law3 Australian Commercial Law

Comparative Law4 Comparative Law

Constitutional Law5 The Constitution of the Commonwealth

of Australia

Contract Law6 Contract Law

Criminal Law7 Modern Criminal Law of Australia

8 Crime Prevention - Principles, Perspectives and Practices

Dispute Settlement9 International Commercial Litigation -

Text, Cases and Materials on Private International Law

10 International Commercial Arbitration - An Asia-Pacific Perspective

11 International Dispute Settlement

Ecommerce Law12 Social Media and Electronic Commerce Law

13 Law and the Technologies of the Twenty-First Century - Text and Materials

Environmental Law14 Mining and Energy Law

15 International Environmental Law - A Modern Introduction

16 Australian Climate Law in Global Context

17 Principles of International Environmental Law

Equity and Trusts Law18 Equity and Trusts in Australia

Ethics19 The Good Lawyer - A Student Guide to

Law and Ethics

20 Inside Lawyers’ Ethics

European Law21 European Union Law

22 An Introduction to European Law

23 EU Treaties and Legislation

24 European Union Law - Text and Materials

Evidence 25 Law of Evidence

Human Rights26 International Human Rights Law - Cases,

Materials, Commentary

27 The Law of Refugee Status

28 International Human Rights Law and Practice

Humanitarian Law29 Migration and Refugee Law - Principles

and Practice in Australia

30 The Law of Armed Conflict - International Humanitarian Law in War

31 War, Aggression and Self-Defence

32 The Conduct of Hostilities under the Law of International Armed Conflict

Intellectual Property Law33 Australian Intellectual Property Law

International Law34 International Law - Cases and Materials

with Australian Perspectives

35 An Introduction to International - Organizations Law

36 The International Law of the Sea

37 The Cambridge Companion to International Law

38 An Introduction to International Criminal Law and Procedure

39 International Law

40 Modern Treaty Law and Practice

41 The International Law of the Sea

42 Foundations of International Migration Law

43 Handbook of International Law

44 The International Law on Foreign Investment

International Trade45 Australian Export - A Guide to Law and

Practice

46 The Law and Policy of the World Trade Organization - Text, Cases and Materials

Jurisprudence47 Jurisprudence

Law and Religion48 Law and Religion

49 An Introduction to Islamic Law

Medical Law50 Medical Law and Medical Ethics

Private International Law51 Collier’s Conflict of Laws

Professional References52 Effective Negotiation From Research to

Results

53 Modern Legal Drafting - A Guide to Using Clearer Language

54 The Art of Argument - A Guide to Mooting

55 Lawyering Skills and the Legal Process

Remedies Law56 Remedies in Australian Private Law


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1ADMINISTRATIVE LAW

Contents1. 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.

Available Now2015, 247 x 195 mm, 688pp9781107667884 AU$130.00 NZ$161.95 PB

Government Accountability Australian Administrative LawJudith Bannister, University of AdelaideGabrielle Appleby, University of AdelaideAnna Olijnyk, University of AdelaideJoanna Howe, University of Adelaide

Government Accountability: Australian Administrative Law offers an accessible introduction to administrative law in Australia

by reference to its guiding principle, accountability. The book explores the complex theory underlying this area of law through

the inclusion of many examples and with an emphasis on practicalities. It introduces the multifaceted nature of government, its

structure, powers and actions. It explains and analyses in detail the principles and mechanisms of administrative law in a way that

equips students to employ them in the context of new and unfamiliar cases. Throughout the book, the theory, law and practice of

Australian administrative law are explored by reference to the overarching concept of accountability. Government Accountability is

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.

• A clear concise text that provides a current selection of relevant cases pitched at the appropriate level for undergraduate students

• An accessible introduction to administrative law in theory, law and practice

• Provides case extracts to offer practical examples of the principles being discussed

Prospective authors of Law textbooks in Australia and New Zealand should contact Lucy Russell: [email protected]



@CUP_Law Search for us on Facebook at CambridgeUniversityPressLaw

2

ContentsPart I. The Structure and Themes of Administrative Law: 1. Administrative law in the Australian environment Matthew Groves and Janina Boughey 2. Administrative law in Australia: themes and values revisited Robert S. French 3. The public/private distinction and the reach of administrative law Chris Finn 4. Human rights and judicial review: two sides of the same coin? Alison Duxbury 5. Security and fairness in Australian public law Ben Saul 6. Statutory interpretation and administrative law Jeffrey Barnes 7. Standing to maintain public law proceedings Andrew Edgar Part II. Judicial Review: 8. The constitutional dimension Stephen Gageler 9. Australia’s codification of judicial review: has the legislative effort been worth it? Peter Billings and Anthony E. Cassimatis 10. The evolution and entrenchment of natural justice Matthew Groves 11. Holding government to its word: legitimate expectations and estoppels in administrative law Greg Weeks 12. Jurisdictional error and beyond Mark Aronson 13. Privative clauses: politics, legality and the constitutional dimension Simon Young Part III. Beyond the Courts: 14. The integrity branch: a ‘system’, and ‘industry’, or a sensible emerging fourth arm of the government? A. J. Brown 15. The ombudsman Anita Stuhmcke 16. Freedom of information: a new era with old tensions Judith Bannister 17. Privacy Moira Paterson 18. Tribunals and merits review Robin Creyke 19. ‘Fair is foul and foul is fair’: migration tribunals and a fair hearing Linda Pearson.

Available Now2014, 247 x 174 mm, 480pp9781107692190 AU$139.00 NZ $172.95 PB

Modern Administrative Law in Australia Concepts and ContextEdited by Matthew Groves, Monash University

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 modern perspectives. The contributors -

including highly respected academics from eleven 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. 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.

• The full range of the subject is explored, from first principles to the cutting edge of controversies and concerns unfolding today

• 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

• The contributors include highly respected academics from 11 Australian law schools, as well as eminent practitioners

ADMINISTRATIVE LAW





3COMMERCIAL LAW

Contents1. 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.

Available July 2015247 x 174 mm, 544pp9781107674578 AU$120.00 NZ $132.95 PB

Australian Commercial Law

Dilan Thampapillai - Australian National UniversityVivi Tan - Victoria University of TechnologyClaudio Bozzi - University of MelbourneAnne Matthew - Queensland University of Technology

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. The book also offers a detailed overview

of topics within the Australian Consumer Law that are now relevant to commercial practice such as unconscionable

conduct, consumer guarantees, and misleading and deceptive conduct. Written in a clear and accessible style, each

chapter features key points and further reading to enhance students’ understanding. Significant cases are discussed in

detail and include excerpts from judgments to illustrate points of law. 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

• Written in a clear and accessible style

• Includes excerpts from judgements to illustrate points of law




4 COMPARATIVE LAW

Contents1. Introduction Part I. Traditional Comparative Law: 2. The comparative legal method 3. Common law and civil law 4. Mapping the world’s legal systems Part II. Extending the Methods of Comparative Law: 5. Postmodern comparative law 6. Socio-legal comparative law 7. Numerical comparative law Part III. Global Comparative Law: 8. Legal transplants 9. Fading state borders 10. Comparative law and development Part IV. Comparative Law as an Open Subject: 11. Implicit comparative law 12. Outlook

Available Now2014, 247 x 174 mm, 436pp9780521177177 AU$60.95 NZ$75.95 PB9781107003750 AU$145.00 NZ$174.95 HB

part of the Law in Context series

Comparative LawMathias Siems, University of Durham

This book presents a fresh contextualised and cosmopolitan perspective on comparative

law for both students and scholars. It critically discusses established approaches to

comparative law, but also presents more modern ones, such as socio-legal and numerical

comparative law. Its contextualised approach draws on examples from politics, economics

and development studies to provide an original contribution to topics of comparative law.

• Treatment of both traditional and modern methods of comparative law.

• Practical examples illustrate how the subject can be applied.

• Examples from various legal systems give global perspective.

• Online supplement, available at http://www.comparinglaws.blogspot.com.

”

“Mathias Siems’ welcomed

addition to the field offers a

stimulating and thoughtful

introduction to a new kind

of comparative law which is

contextualised and cosmopolitan

as to its nature. The book offers

an insightful overview of key

issues arising in the comparative

study of law today. Siems

skilfully deals with established

approaches, but also provides

cutting-edge views to socio-legal

and statistical approaches as

well as providing examples

from politics, economics and

development studies.”

Jaakko Husa,

University of Lapland





5CONSTITUTIONAL LAW

Contents1. 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.

Available July 2015228 x 152 mm, 704pp9780521759182 AU$130.00 NZ$143.95 PB

The Constitution of the Commonwealth of AustraliaNicholas Aroney, University of QueenslandPeter Gerangelos, University of SydneyJames Stellios, Australian National UniversitySarah Murray, University of Western Australia

The Constitution of the Commonwealth of Australia examines the body of constitutional jurisprudence in an original and rigorous yet accessible way. It begins by exploring the historical and intellectual context of ideas surrounding the Constitution’s inception, and closely examines its text, structure, principles and purposes in that light. The book then unpacks and critically analyses the High Court’s interpretation of the Constitution in a manner that follows the Constitution’s own logic and method of organisation. Each topic is defined through detailed reference to the existing case law, which is set out historically to facilitate an appreciation of the progressive development of constitutional doctrine since the Constitution came into force in 1901. The Constitution of the Commonwealth of Australia 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




6 CONTRACT LAW

ContentsPart I. Introduction: 1. Main features of contract law Part II. Formation: 2. The pre-contractual phase 3. Offer and acceptance 4. Certainty Part III. Consideration and Intent to Create Legal Relations: 5. Consideration and estoppel 6. Intent to create legal relations Part IV. Third Parties and Assignment: 7. Third parties 8. Assignment Part V. Vitiating Elements: 9. Misrepresentation 10. Mistake 11. Duress, undue influence and unconscionability Part VI. Terms and Interpretation: 12. Terms in general 13. Implied terms 14. Interpretation and rectification of written contracts 15. Exclusion clauses and ‘unfair terms’ Part VII. Breakdown and Liability: 16. Frustration 17. Breach and performance Part VIII. Remedies for Breach: 18. Judicial remedies for breach of contract 19. Consensual remedies for breach of contract: liquidated damages and deposits Part IX. Illegality and Public Policy: 20. The illegality doctrine Part X. The Future: 21. The ‘good faith’ debate 22. Codification 23. International and European ‘soft law’ codes: lessons for English law?

”

Praise for the 1st edition

“I consider it to be an excellent

textbook, covering all of the

important topics in great depth

and with brilliant clarity. It

deserves to be recognised as

a modern classic, blending the

necessary depth and breadth of

analysis with an excellent way of

explaining complicated topics.”

Dr Gareth Spark,

University of East Anglia

2nd Edition

Available August 2015 247 x 174 mm, 736pp9781107660649, AU$82.95 NZ$102.95 PB9781107061682, AU$165.00 NZ$204.95 HB

Contract LawNeil Andrews, University of Cambridge

Significantly streamlined and updated, the second edition of Andrews’ Contract Law provides a clear and succinct examination of all of the topics in the contract law curriculum. Chapters direct students to the most important decisions in case law and employ a two-level structure to integrate short judicial excerpts into detailed discussion and analysis. Exploration of the law’s ‘loose ends’ strengthens students’ ability to effectively analyse case law and new end-of-chapter questions, which focus on both core aspects of the law and interesting legal loopholes, assist students in preparing for exams. Students are guided through material by concise chapter overviews and a two-colour text design that highlights important elements. Suggestions for further reading and a rich bibliography point readers to important pieces of contemporary literature and provide a springboard for deeper investigation of particular topics.

• Coverage of good faith, codification and international and European soft law codes has been streamlined into three distinct new chapters, to improve clarity and allow instructors to more effectively cover these topics in their classes.

• Analysis of the law’s grey areas and ‘loose ends’ effectively prepares students for the types of questions they are likely to encounter in law examinations.

• Chapter overviews ensure that students obtain a basic understanding before encountering more detailed discussion and analysis.

• An emphasis on the most important and key cases in contract law enables students to focus on and master the central cases without becoming overwhelmed.





7CRIMINAL LAW

Contents1. Words 2. Choices 3. Conduct 4. Results 5. Circumstances 6. Sentences 7. Standards 8. Groups 9. Failures 10. Exceptions 11. Victims 12. States.

Available Now 2012, 247 x 174 mm, 444pp9780521737470 AU$114.95 NZ$149.95 PB

Modern Criminal Law of AustraliaJeremy Gans, University of Melbourne

Modern Criminal Law of Australia is a comprehensive guide to interpreting and understanding every statutory offence

provision in every Australian jurisdiction. The text takes a unique approach to explaining Australian criminal law,

emphasising the importance of statutory interpretation, official discretion, element analysis and sentencing, in order

to appreciate the meaning and effect of any offence provision. This book sets out the rules and skills needed to advise

clients on the potential application of the criminal law throughout Australia. Its scope extends to both serious and minor

regulatory regimes, as well as the entire contemporary breadth of the criminal law, ranging from pollution to public order,

traffic to trafficking and domestic violence to work safety. It covers the common law, traditional code and model code

systems, and includes detailed examples from all states. As such, this unique book provides students with the skills to

practise law anywhere in Australia.

• Students gain a deeper understanding of each legal system in Australia through comparisons and contrasts

• Provides students and modern practitioners with the skills and information to understand and advise clients about any of the thousands of criminal offences across Australia

• The book excerpts hundreds of statutory provisions together with detailed discussion of how to read them

2nd Edition




8 CRIMINAL LAW2nd Edition

ContentsPart I. Theory: 1. Introduction: crime prevention and community safety in Australia 2. Key approaches and frameworks 3. Social prevention 4. Environmental prevention 5. Evaluating crime prevention Part II. Practice: 6. From research to policy 7. Prevention in public places 8. Dealing with social disorder 9. Emergent issues for crime prevention 10. Planning the future.

Available Now 2014, 247 x 174 mm, 292pp9781107622470 AU$69.95 NZ $86.95 PB

Crime Prevention Principles, Perspectives and PracticesAdam SuttonAdrian Cherney, University of QueenslandRob White, University of Tasmania

Crime Prevention: Principles, Perspectives and Practices is a concise, comprehensive introduction to the theory and practice of

crime prevention. The authors contend that crime prevention strategies should include both social prevention and environmental

prevention. It embraces these strategies as an alternative to policing, criminal justice and ‘law and order’. Part I presents an

overview of the history and theory of crime prevention, featuring chapters on social prevention, environmental prevention and

evaluation. Part II explores the practice of crime prevention and the real life challenges of implementation, including policy making,

prevention in public places, dealing with social disorder and planning for the future. Crime Prevention provides readers with

an understanding of the political dimension of crime prevention and the ability to critically analyse prevention techniques. It is

essential reading for undergraduate students of criminology, crime prevention and public policy.

• This edition features a new chapter on emergent issues in crime prevention including cybercrime, environmental crime and counterterrorism

• Case studies, discussion questions and a glossary of key terms highlight the links between development and application of crime prevention approaches

• Covers a range of Australian examples within an international context





9DISPUTE SETTLEMENTInternational Commercial Litigation Text, Cases and Materials on Private International LawTrevor C. Hartley, London School of Economics and Political Science

Taking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include new material on the recast of the Brussels I Regulation, the impact of EU law on choice-of-court agreements and arbitration agreements, and controversial decisions on antisuit injunctions. A companion website features important updates to the law.

• Provides everything the student needs to know about international commercial litigation.

• Extensive EU coverage, but also includes a thought-provoking international comparative perspective.

• Updated to reflect the recast of the Brussels I Regulation and significant updates to EU case law.

ContentsPart I. Starting Off: 1. Introduction Part II. Jurisdiction: 2. Jurisdiction: an analysis 3. Jurisdiction under EU law 4. EU law: special jurisdiction 5. The traditional English rules 6. Developments in Canada 7. US law: an outline 8. Choice-of-court agreements 9. Jurisdictional conflicts: the common-law approach 10. Jurisdictional conflicts: the EU approach 11. Special topic I: product liability 12. Special topic II: defamation Part III. Foreign Judgments: 13. Introduction to Part III 14. EU law 15. English law: jurisdiction 16. English law: defences 17. The Canadian conflicts (judgments) revolution 18. US law: some highlights Part IV. Procedure: 19. Freezing assets 20. Obtaining evidence abroad: forum procedures 21. Obtaining evidence abroad: international co-operation Part V. Choice of Law: 22. Introduction to choice of law 23. Torts 24. Contracts: the principle of party autonomy 25. Contracts: legal policy and choice of law 26. The common-law countries: regulating business, protecting employees and helping consumers 27. Foreign currency 28. Property: tangible movables 29. Contractual rights and property interests – I 30. Contractual rights and property interests – II 31 Contractual rights and property interests – III.

Available August 2015247 x 174 mm, 950pp9781107479562 AU$110.00 NZ$121.95 PB9781107095892 AU$275.00 NZ$302.95 HB

2nd Edition




10 DISPUTE SETTLEMENTInternational Commercial Arbitration An Asia-Pacific PerspectiveSimon Greenberg, ICC International Court of ArbitrationChristopher Kee, City University of Hong KongJ. Romesh Weeramantry, City University of Hong Kong

There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that

provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context.

• This book focuses on the general principles of ICA while drawing on case law and relevant legislation from Australia, China, Hong Kong, India, Indonesia, Japan, Korea (Republic of), Malaysia, New Zealand, the Philippines and Singapore

• Equips the reader to deal with many arbitration issues which are not dealt with (or are scarcely dealt with) in the various arbitration statutes

• The book succinctly summarises the key features of a complex and evolving area of law and practice while not shying away from the more difficult or contentious issues

ContentsForeword Preface 1. Introduction to international arbitration and its place in the Asia-Pacific 2. The law governing the arbitration and the role of the seat 3. Applicable substantive law 4. The arbitration agreement 5. Arbitral jurisdiction 6. The arbitral tribunal 7. Procedure and evidence 8. The award: Content and form 9. The award: challenge and enforcement 10. Investment treaty arbitration Appendix 1. Asia-Pacific arbitral institutions at a glance Appendix 2. Selected arbitral institutions Appendix 3. List of UNCITRAL Model Law countries Appendix 4. List of parties to the New York Convention 1958 Appendix 5. Selected list of Asia-Pacific arbitration legislation and instruments Glossary Index.






11DISPUTE SETTLEMENTInternational Dispute SettlementJ. G. Merrills, University of Sheffield

A guide to the techniques and institutions used to solve international disputes, how

they work and when they are used. This textbook looks at diplomatic (negotiation,

mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement).

It uses many, often topical, examples of each method in practice to place the theory

of how things should work in the context of real-life situations and to help the reader

understand the strengths and weaknesses of different methods when they are used. It

also looks at organisations such as the International Court and the United Nations and

has been fully updated to include the most recent arbitrations, developments in the

WTO and the International Tribunal for the Law of the Sea, as well as case law from the

International Court of Justice.

• 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

• Examples place the theory of how things are supposed to work in the context of real-life events so that the reader can understand the strengths and weaknesses of different methods in practice

• Fully updated to include the most recent arbitrations, developments in the WTO and case law from the International Court of Justice

Contents1. 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 Appendix A. Agreement between Argentina and the United Kingdom establishing an Interim Reciprocal Information and Consultation System, 1990 Appendix B. Report of the Commission of Inquiry into the Red Crusader Incident, 1962 (extract) Appendix C. Conciliation Commission on the Continental Shelf Area between Iceland and Jan Mayen, May 1981 Appendix D. Arbitration Agreement between the United Kingdom and France, July 1975 Appendix E. Special Agreement for Submission to the International Court of Justice of the Differences Between the Republic of Hungary and the Slovak Republic Concerning the Gabcikovo–Nagymaros Project (1993) Appendix F. Optional Clause Declarations (Peru, Djibouti, Japan, Germany) Appendix G. WTO: Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes (extract) Appendix H. Security Council Resolution 915, establishing UNASOG, May 1994 Appendix I. Terms of Reference of the Trust Fund for the International Tribunal for the Law of the Sea (2000) Appendix J. Ruling Pertaining to the Differences between France and New Zealand Arising from the Rainbow Warrior Affair (extract) Appendix K. CIS: Concept for Prevention and Settlement of Conflicts in the Territory of States members of the Commonwealth of Independent States (1996)

Available Now 2011, 247 x 174 mm, 382pp9780521153393 AU$82.95 NZ$102.95 PB9780521199094 AU$195.00 NZ$214.95 HB

”

“Yet again Professor Merrills

skilfully manages to combine

clarity with depth and relevance.

This newest edition provides

an accessible analysis of

the fundamental aspects of

international dispute settlement;

and by its stimulating discussion

of historical and recent

developments, it remains a key

treatise for students, scholars, and

practitioners alike.”

Hege Elisabeth Kjos,

University of Amsterdam

5th Edition




12 ECOMMERCE LAWSocial Media and Electronic Commerce LawAlan Davidson, University of Queensland

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. 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. 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.

• Thoroughly revised to reflect the dynamic sphere of social media, as well as addressing changes in legislation and recent court judgments

• Inclusion of new chapters focusing 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

• Written in a clear and accessible style

ContentsPart 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. Online censorship; Part III. Electronic Commerce: 11. Electronic commerce and the law of contract; 12. Online contracting; 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.

Available November 2015247 x 174 mm, 464pp9781107500532 AU$124.95 NZ$137.95 PB

2nd Edition





13ECOMMERCE LAWLaw and the Technologies of the Twenty-First Century Text and MaterialsRoger Brownsword, King’s College LondonMorag Goodwin, Universiteit van Tilburg, The Netherlands

Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students

of law and technology, risk regulation, policy studies, and science and technology studies.

• First book on the market looking at law and technology generally.

• Materials integrated throughout for full perspective on the field.

• Scientific material explained without overloading the student with technical data.

ContentsPart I. General Introduction: 1. Law and the technologies of the twenty-first century 2. The regulatory environment: UK Biobank, eBay, and Wikipedia 3. Four key regulatory challenges 4. Technology as a regulatory tool: DNA profiling and Marper Part II. Regulatory Prudence and Precaution: 5. Regulatory prudence I: health, safety and environment, GM crops, nanoparticles, and sound science 6. Regulatory prudence II: precaution Part III. Regulatory Legitimacy: 7. The legitimacy of the regulatory environment – the basic ideas 8. Key boundary-marking concepts 9. Human rights as boundary-markers 10. Understanding procedural legitimacy – the role of public participation in technology regulation Part IV. Regulatory Effectiveness: 11. Regulatory effectiveness I 12. Regulatory effectiveness II: failure by regulators 13. Regulatory effectiveness III: resistance by regulatees 14. Regulatory effectiveness IV: third-party interference and disruptive externalities Part V. Regulatory Connection: 15. Regulatory connection I: getting connected 16. Regulatory connection II: disconnection and sustainability Part VI. Concluding Overview: 17. From law to code: the surveillance society and Marper revisited


”

“Law and the Technologies

of the Twenty-First Century

represents a significant addition

to the body of academic texts

concerning regulation and

regulatory theory.”

Michael Wixen,

CTLR: The Journal of

E-Commerce, Technology and

Communications





14 ENVIRONMENTAL LAW

Available July 2015247 x 174 mm, 448pp9781107663237 AU$149.95 NZ$164.95 PB

Contents1. 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.

Mining and Energy LawSamantha Hepburn, Deakin University

Mining and Energy Law is a comprehensive introduction to the laws affecting the resources sector in Australia. It is the only

textbook available that encompasses the law and policy of the Commonwealth as well as all states and territories.

The book begins by examining the ownership of natural resources, the proprietary status and scope of mining tenements,

and the regulation of offshore petroleum extraction. It then explores the legal regimes that have emerged in response to

more recent developments, such as coal seam gas, renewable energy and geo-sequestration. Other chapters consider the

relevance – for the mining and energy sector – of environmental protection laws and climate change regulation. The book

concludes by discussing the commercial and contractual arrangements commonly used by parties operating in the sector.

Each chapter includes review questions to reinforce key concepts, as well as lists of further reading for those wishing to

investigate topics in more detail. Mining and Energy Law 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 up-to-date, 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





15ENVIRONMENTAL LAW ”

“This book offers a great

overview of a fast developing

domain of knowledge. This

comprehensive introduction

guides students through theories,

concepts and doctrines within

this expanding law-discipline.”

Jacko A. van Ast,

Erasmus University,

Rotterdam


ContentsIntroduction 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. Atmosphere 6. Biological diversity 7. Dangerous substances and activities Part III. Implementation: 8. Traditional approaches: responsibility/liability/adjudication 9. Alternative approaches – facilitation and management of ‘noncompliance’ Part IV. Interactions with Other Branches: 10. Interactions with human rights law 11. Interactions with the law of armed conflict 12. Interactions with international economic law

International Environmental Law A Modern IntroductionPierre-Marie Dupuy, Graduate Institute of International Studies, GenevaJorge E. Viñuales, University of Cambridge

This textbook provides a concise, conceptually clear, and legally rigorous introduction to contemporary international environmental law and practice. Written in an accessible style, the book covers all the major multilateral environmental agreements, paying particular attention to their underlying structure, their main legal provisions, and their practical operation. The material is structured into four sections: (I) Foundations, (II) Substantive regulation, (III) Implementation, and (IV) International environmental law as a perspective. The presentation of the material blends policy and legal analysis and makes extensive reference to the relevant treaties, instruments and jurisprudence. All chapters include a detailed bibliography along with numerous figures to summarise the main components of the regulation. It 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.

• 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.

• Conceptually clear introduction to a complex subject.

• Engages with technical aspects that some books avoid to ensure full understanding.

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


http://www.cambridge.org/


16 ENVIRONMENTAL LAWAustralian Climate Law in Global ContextAlexander Zahar, Macquarie UniversityJacqueline Peel, University of MelbourneLee Godden, University of Melbourne

Australian Climate Law in Global Context is a comprehensive guide to current climate change law in Australia and

internationally. It includes discussion of: emission trading schemes and carbon pricing laws, laws on renewable energy,

biosequestration, carbon capture and storage and energy efficiency; the trading of emission offsets between developed

and developing countries, the new international scheme for the protection of forests (REDD) and the transfer of green

finance and technology from developed to developing states, the adaptation to climate change through legal frameworks.

It assesses the international climate change regime from a legal perspective, focusing on Australia’s unique circumstances

and its domestic implementation of climate-related treaties. 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 new 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

ContentsIntroduction: arguments, themes and overview 1. Climate law: meaning and context 2. Legal elements and continued 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. Technology options: legal and regulatory frameworks for transition to a low-carbon economy 10. Regulation of biosequestration and emission reductions in the land sector in Australia 11. Adaptation to climate change through legal frameworks.






17ENVIRONMENTAL LAW

Available Now2012, 247 x 174 mm, 992pp9780521140935 AU$97.95 NZ$121.95 PB 9780521769594 AU$230.00 NZ$285.95 HB

ContentsPart 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 and dispute settlement Part II. Principles and Rules Establishing Standards: 6. General principles and rules 7. Atmosphere and climate change 8. Freshwater resources 9. Oceans, seas and fisheries 10. Biodiversity 11. Hazardous substances and activities 12. Waste 13. Polar regions 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

”

“From its very first edition,

this important book has been

an indispensable resource for

students and practitioners. It

provides an accurate account of

the development and current state

of the law and well organized

and comprehensive coverage of

key topics. The updated chapters

on water, biodiversity, climate

change and international trade

are particularly welcome. I warmly

recommend it to anyone studying

international environmental law.”

Dr C. P. McKenzie,

University of Cambridge

Principles of International Environmental LawPhilippe Sands, University College LondonJacqueline Peel, University of MelbourneAdriana Fabra, Universitat de Barcelona Ruth MacKenzie, University of Westminster

This comprehensive textbook fully covers the key topics of the course. It includes the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It incorporates developments in treaty and case law and includes a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.

• Leading textbook in an area of growing importance and complexity.

• Critical commentary on some of the world’s most pressing problems including climate change, biodiversity and regulating pollution and waste.

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

3rd Edition




18 EQUITY AND TRUSTS LAWEquity and Trusts in AustraliaMichael Bryan, University of MelbourneVicki Vann, Monash University

Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia. Drawing

on the authors’ collective 45 years of teaching experience, this text is carefully designed to cater to the needs of

undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a

succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates

how these are applied in practice with simple, topical examples. Comprehensively cross-referenced, it draws links between

equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.

au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and

practice exercises and solutions.

• Provides a clear and accessible explanation of key theories and terminology and demonstrates how these are applied in practice

• Comprehensively cross-referenced, the book draws links between equity and trusts doctrines and their relationship with the wider law

• Material is presented in a succinct and clear manner, supported by simple, topical examples, so as not to overburden the beginner student with dense mathematics and case law

ContentsPart I. Introduction: 1. An overview of equity Part II. 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 III. Equity, Contract and Property: 7. Equity in contract law 8. Equitable proprietary interests 9. Equitable assignments Part IV. Equitable Obligations: 10. Fiduciary obligations 11. Participants in a breach of fiduciary obligation 12. Breach of confidence Part V. 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 VI. Performing the Trust: 17. Trustees’ duties and powers 18. Investment of trust funds 19. Trustees’ rights and liabilities Part VII. Breach of Trust: 20. Breach of trust: defences and remedies 21. Tracing Part VIII. Non-consensual Trusts: 22. Resulting trusts 23. Constructive trusts.






19ETHICSThe Good Lawyer A Student Guide to Law and EthicsAdrian Evans, Monash University

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. 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 judgement when difficult

choices arise, rather than relying on compliance with rules or codes. 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.

• Written by an expert on legal ethics

• 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

Contents1. 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.





20 ETHICSInside Lawyers’ EthicsChristine Parker, University of MelbourneAdrian Evans, Monash University

Inside Lawyers’ Ethics is a lively and practical values-based analysis of the moral dilemmas that lawyers face. It gives

lawyers the confidence to understand and actively improve their ethical priorities and behaviour when confronted with

major ethical challenges. It identifies the applicable law and conduct rules and analyses them in the context of four

different types of ethical lawyering: zealous advocacy, responsible lawyering, moral activism and the ethics of care. 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

• A new Chapter 4 appears and covers 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)

Contents1. 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. Civics litigation and excessive adversarialism 7. Ethics 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.


2nd Edition





21EUROPEAN LAWEuropean Union Law Robert Schütze, University of Durham

Written with exceptional clarity, European Union Law constitutes a classic textbook for students and practitioners

of European law. Using a clear structural framework, it guides readers through all the core constitutional and

substantive topics of EU law, and provides in-depth coverage of the most important internal and external policy

areas of the European Union. Extracts from classic case law are complemented with extensive and critical

discussion of the theoretical and practical aspects of the European Union and its law, leading students to a

deep understanding of the subject. Chapters are enriched with more than 100 colour figures and tables, which

clarify complex topics and illustrate relationships and processes. Suggestions for further reading direct students

to significant pieces of academic literature for deeper self-study, and a companion website with full ‘Lisbonised’

versions of the cases cited in the text completes the learning package.

• Integrates numerous case extracts while maintaining a continuous, single-authored narrative.

• Combines straightforward explanation with scholarly analysis, highlighting theoretical approaches and key academic debates.

• A two-colour design emphasises case extracts and enhances figures and tables.

ContentsPart I. Constitutional Foundations: 1. Constitutional history: from Paris to Lisbon 2. Constitutional nature: a federation of states 3. European law: nature – direct effect 4. European law: nature – supremacy 5. Governmental structure: Union institutions I 6. Governmental structure: Union institutions II Part II. Governmental Powers: 7. Legislative powers: competences and procedures 8. External powers: competences and procedures 9. Executive powers: competences and procedures 10. Judicial powers I: European procedures 11. Judicial powers II: national procedures 12. Judicial powers III: EU fundamental rights Part III. Substantive Law: Section 1. Internal Market: 13. Free movement of goods I: negative integration 14. Free movement of goods II: positive integration 15. Free movement of persons: workers and beyond 16. Free movement of services and capital Section 2. Union Policies: 17. Competition law I: private undertakings 18. Competition law II: state interferences 19. Internal policies: an overview 20. External policies: an overview.





22 EUROPEAN LAWEUROPEAN LAWAn Introduction to European LawRobert Schütze, University of Durham

Written with exceptional clarity, simplicity and precision, this short textbook provides a classic

introduction to European law. Using a clear structural framework, it guides students through

the subject’s core elements and key issues, from the creation and enforcement of European law

to the workings of the internal market. Chapters are enriched with figures and tables to clarify

difficult topics and illustrate relationships and processes, ensuring that students understand even

the most complex of concepts. The second edition has been updated throughout and includes

an entirely new chapter on the internal market for goods. Two new practical appendices offer

suggestions for further reading and guide readers through the process of finding and reading EU

Court judgments. A companion website features full ‘Lisbonised’ versions of the cases cited in the

text, links to EU legislation, downloadable figures and textbook updates.

• Clearly sets out the key principles and central topics taught on EU law courses.

• Succinct overview which also indicates key debates and controversies in the field.

• Numerous illustrations reinforce key concepts to aid understanding.

ContentsPart I. European Law: Creation: 1. Union Institutions 2. Union Legislation 3. Union Competences 4. Fundamental Rights Part II. European Law: Enforcement: 5. Direct Effect 6. (Legal) Supremacy 7. National Actions 8. European Actions Part III. European Law: Substance: 9. Internal Market: Goods I 10. Internal Market: Goods II 11. Internal Market: Persons 12. Competition Law: Cartels.

Available September 2015228 x 152 mm, 352pp9781107530324 AU$31.95 NZ $35.95 PB9781107111813 AU$120.00 NZ $132.95 HB

”

Praise for the

previous edition:

“A fantastic publication: clear,

precise, to the point while

making students aware of

the academic and theoretical

debates. The language is highly

accessible and clearly written by

someone with ample teaching

experience in the field of EU law.

Didactically and substantively,

one of the best, if not the best

books on the market …”

Markus Gehring,

University of Cambridge

2nd Edition





23EUROPEAN LAW

Available August 2015247 x 174 mm, 500pp9781107461277 AU$$24.99 NZ$27.95 PB

EU Treaties and LegislationRobert Schütze, University of Durham

This concise collection of the essential primary and secondary law of the European Union quickly and effectively guides students to the material they need during exams and lectures. Part I contains the European Union’s primary law in consolidated form. Part II offers a selection of the essential pieces of European Union legislation in five core areas of particular importance to undergraduate and graduate studies: institutions, the internal market, competition, social policy and consumer protection. Colour-coded for easy navigation, all legislative acts are presented in their ‘Lisbonised’ and consolidated form. Student support is provided in two forewords that guide readers through the steps of finding, reading and understanding EU law, and a sophisticated table of equivalences that illustrates the evolution of the treaties from the Rome Treaty to the present day. An appendix includes extracts of the two central UK Acts that pertain to the European Union.

• Judicious selection of legislation.

• Clear, sensible structure and organization.

• Complementary EU law textbook.

ContentsPreface and acknowledgements - How to understand and read the EU treaties - How to find and read EU secondary law - Table of EU treaties and secondary law Part I. Union Primary Law: Treaties and Charter: 1. Treaty on European Union 2. Treaty on the functioning of the European Union 3. Protocols to the treaties (selection) 4. Charter of fundamental rights (with explanations) Part II. Union Secondary Law: Legislation and Other Acts Section 1. Union Laws on the Institutions: 5. 1976 Act concerning the election of the members of the European parliament 6. Regulation 2004/2003 governing political parties at the EU level 7. Regulation 182/2011 laying down the rules and general principles concerning mechanisms for control by member states of the Commission’s exercise of implementing powers (comitology regulation) 8. Regulation 58/2003 on the Statute of Executive Agencies 9. Regulation 1049/2001 regarding public access to EU documents Section 2. Union Laws on the Internal Market: 10. Regulation 492/2011 on freedom of movement for workers 11. Regulation 883/2004 on social security coordination 12. Directive 2005/36 on the recognition of professional qualifications 13. Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states 14. Directive 2006/123 on services in the internal market 15. Directive 96/71 on posted workers Section 3. Union Laws on Competition: 16. Regulation 330/2010 on the application of Article 101(3) to categories of vertical agreements and concerted practices 17. Regulation 139/2004 on the control of concentrations between undertakings (EU Merger Regulation) 18. Regulation 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 (GBER) 19. Regulation 1/2003 on the implementation of the rules on competition laid down in Articles 101 and 102 20. Regulation 659/1999 laying down detailed rules for the application of Article 108 Section 4. Union Laws on Social Policy: 21. Directive 89/391 on health and safety of workers 22. Directive 2003/88 concerning certain aspects of the organisation of working time 23. Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP 24. Directive 2001/23 relating to the safeguarding of employees’ rights in the event of transfers of undertakings 25. Directive 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation Section 5. Union Laws on Consumer Protection: 26. Directive 2011/83 on consumer rights 27. Directive 1999/44 on certain aspects of the sale of consumer goods 28. Directive 93/13 on unfair terms in consumer contracts 29. Directive 2005/29 concerning unfair business-to-consumer commercial practices in the internal market 30. Directive 85/374 on liability for defective products Appendix 1: United Kingdom statutes on the European Union; Appendix 2: tables of equivalences (chronological).




24 EUROPEAN LAWEuropean Union Law Text and MaterialsDamian Chalmers, London School of Economics and Political ScienceGareth Davies, Vrije Universiteit, AmsterdamGiorgio Monti, European University Institute, Florence

As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student’s full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

• 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.

Contents1. 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.


”

“A thoughtful, well-written,

rigorous, but at the same time

easily accessible exposition of

European Union law. The book is

indispensable for those seeking

to understand EU law in its

socio-political context and for

anyone interested in grasping

the unfolding dynamics of the

European integration project.

Students really want a broader

understanding of EU law and this

book will be standard instruction

and reference for a long time to

come.”

Dora Kostakopoulou,

Warwick Law School

3rd Edition





25EVIDENCE ”

“An extremely well written and

clearly presented textbook. The

author’s deep knowledge of the law

of evidence is conveyed in a manner

which is both understandable

and suitably challenging for the

undergraduate reader. An invaluable

resource for any student studying

the law of evidence.”

Rebecca Gladwin-Geoghegan,

Coventry University Law School

Law of EvidenceNicola Monaghan, GSM London

Combining straightforward explanation with scholarly analysis, Law of Evidence introduces students to the

full range of topics covered in law of evidence courses, with clarity and depth. Highlighting the context within

which the law operates, the textbook maintains an engaging narrative with a strong practical focus. Integrated

extracts from key judgments and statutes, as well as academic articles and books, lead students to develop a

deeper understanding of the subject, and detailed commentary on these extracts helps students develop the

ability to read and analyse case law effectively. Student learning is further supported by numerous visual aids,

including diagrams, flowcharts and tables, which illustrate the relationships between principles and provisions

and clarify the complex aspects of the law. A companion website with regular updates to the text ensures that

students always have the most up-to-date coverage of the law at their fingertips.

• With a commentary to materials ratio of 75% to 25%, this textbook offers significantly more commentary than a traditional text, cases and materials textbook, but still provides students with the benefit of numerous key extracts.

• In addition to offering a theoretical overview of the subject, the author maintains a strong practical focus that is ideal for students – particularly those who hope to later train as barristers.

• Numerous figures, charts and tables help to clarify complex subjects and illustrate the relationships between concepts.

• Accompanied by a website offering updates to the text.

Contents1. Introduction to the law of evidence 2. Preliminary issues 3. Burden of proof 4. Silence 5. Confession evidence 6. Illegally and improperly obtained evidence7. Hearsay 8. Character evidence 9. Witnesses 10. Trial procedure and witness testimony 11. Corroboration and identification evidence 12. Opinion and expert evidence 13. Disclosure and public interest immunity 14. Privilege and public interest immunity





26 HUMAN RIGHTSInternational Human Rights Law Cases, Materials, CommentaryOlivier De Schutter, Université Catholique de Louvain, Belgium

The leading textbook on international human rights law is now better than ever. The content has been fully updated and now provides more detailed coverage of substantive human rights, along with new sections on climate change and international human rights law theory, making this the most comprehensive book in the field. It has a new, more student-friendly text design and has retained the features which made the first edition so engaging and accessible, including the concise and critical style, and questions and case studies within each chapter, with suggestions for further reading now clearly signposted in a separate section. Written by De Schutter, whose extensive experience working in the field and teaching the subject in both the US and EU gives him a unique perspective and valuable insight into the requirements of lecturers and students, this is an

essential tool for all students of international human rights law.

• 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.

• Offers a unique perspective, reflecting the author’s experiences of both working in the field and teaching in the EU and the US.

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


2nd Edition

”

“Olivier de Schutter brings an

outstanding level of academic

rigour, deep knowledge and

breadth of practical experience to

the field of international human

rights law. This second edition

of an already definitive work is

greatly to be welcomed.”

Conor Gearty,

London School of Economics

and Political Science





27HUMAN RIGHTSThe Law of Refugee StatusJames C. Hathaway, University of Michigan Law SchoolMichelle Foster, University of Melbourne

The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the

refugee definition set by the UN’s 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only

much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on

the strong critical focus and human rights orientation of the first edition, but undertakes an entirely original analysis of the

jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult

questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central

question in asylum law: who is a refugee?

• Provides comprehensive analysis of the central question in asylum law: who is entitled to refugee status? Judges, lawyers and officials in the state parties bound by the Refugee Convention focus on this question every day, and will find it a valuable resource for their work

• Engages not only with relevant international law, but also analyses the jurisprudence of leading common and civil law states in order to synthesise the most creative judicial thinking on refugee law and promote a genuinely global approach to refugee law

• Tackles the hardest issues in contemporary refugee law in a direct and principled way, making this an indispensable resource for those engaged in creative thinking about how best to address involuntary migration

Contents1. Alienage 2. Well-founded fear 3. Serious harm 4. Failure of state protection 5. Nexus to civil or political status 6. Persons no longer needing protection 7. Persons not deserving protection.


2nd Edition




28 HUMAN RIGHTSInternational Human Rights Law and PracticeIlias Bantekas, Brunel University Lutz Oette, School of Oriental and African Studies, University of London

Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors’ combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.

• Innovative approach mixing academic rigour and practical emphasis ensures students’ full understanding of the law.

• Integrated interviews with human rights professionals and practitioners gives the subject immediacy and relevance.

• Engaging writing style offers clarification on (not simplification of) complex legal principles.

Contents1. International human rights law and notions of human rights: foundations, achievements and challenges 2. International human rights: the normative framework 3. Human rights in practice 4. The United Nations charter system 5. The UN human rights treaty system 6. Regional human rights treaty systems 7. Individual complaints procedures 8. Civil and political rights 9. Economic, social and cultural rights 10. Group rights: self-determination, minorities and indigenous peoples 11. Women’s rights 12. The right to development, poverty and related rights 13. Victims’ rights and reparation 14. The application of human rights in armed conflict and the international criminalisation process 15. Human rights and counter-terrorism 16. Non-state actors and human rights 17. Globalisation and its impact on human rights


”

“Human rights law is an

inherently active, political

and practical body of law; to

understand it and its operation

requires familiarity not only

with the formal rules, standards

and systems but also with the

informal, the political and the

practical. By combining precise

description and analysis of the

law with insightful and varied

contributions from practice

(broadly defined), Oette and

Bantekas provide a rounded

account of international human

rights law and its practice that

provokes as well as it informs.”

Fiona de Londras,

Durham University





29HUMANITARIAN LAWMigration and Refugee Law Principles and Practice in AustraliaJohn Vrachnas,Mirko Bagaric, Deakin UniversityPenny Dimopoulos,Athula Pathinayake, Deakin University

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 considers the social and political context of

migration and 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.

• Fully revised and updated to include many recent, significant changes in the area of immigration law

• Written by authors with extensive expertise and experience in immigration law

• Provides migration lawyers and agents, government employees and policy makers, students and judicial officers with an up-to-date and accessible text on the legal principles governing the entry of people into Australia

Contents1. 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 Australia-based visas 6. Business and investment visas 7. Skill-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.


3rd Edition




30 HUMANITARIAN LAWThe Law of Armed Conflict International Humanitarian Law in WarGary D. Solis, United States Military Academy

The Law of Armed Conflict: International Humanitarian Law in War introduces law students and undergraduates

to the law of war in an age of terrorism. What law of armed conflict/international humanitarian law applies

to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in

an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions

made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the

reader through these essential questions of the law of armed conflict and international humanitarian law to an

awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and

includes hundreds of cases from jurisdictions worldwide.

• No available text takes students from the basics of the law of armed conflict (international humanitarian law) through its application on today’s battlefields and terrorist engagements

• Explains in comprehensible terms the basics of international humanitarian law, including examples of its application

• Includes up-to-date coverage of issues involving terrorism and non-state actors


ContentsPart I. Foundation: 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. A Framework: 5. Conflict status; 6. Individual battlefield status; 7. LOAC’s four core principles; 8. What is a ‘war crime’?; Part III. Battlefield Issues: 9. Obedience to orders, the first defense; 10. Command responsibility and respondeat superior; 11. Ruses and perfidy; 12. Torture; 13. Rules of engagement; 14. Targeting; 15. Attacks on cultural property; 16. The 1980 certain conventional weapons convention; 17. Gas, biological and chemical weapons treaties.





31HUMANITARIAN LAWWar, Aggression and Self-DefenceYoram Dinstein, Tel-Aviv University

This influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal

issues surrounding war and self-defence.

• Leading textbook on international law of the use of force.

• Balances clear explanation of basic principles and detailed analysis of key debates.

• Updated edition looks at Chilcot Inquiry and other recent developments.


ContentsPart I. The Legal Nature of War 1. What is war? 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 Conclusion

5th Edition




32 HUMANITARIAN LAW


Contents1. The general framework 2. Lawful combatancy 3. Prohibited weapons 4. Lawful targets of attack 5. Protection from attack of civilians and civilian objects 6. Measures of special protection from attack 7. Protection of the environment 8. Specific methods of warfare 9. War crimes, orders, command responsibility and defences General conclusions

The Conduct of Hostilities under the Law of International Armed ConflictYoram Dinstein, Tel-Aviv University

This is the seminal textbook on the law of international armed conflict, written by a leading commentator on the subject. The second edition has been thoroughly revised and updated, taking into account developments in combat, numerous judicial cases (especially decisions rendered by the International Criminal Tribunal for the Former Yugoslavia), as well as topical studies and instruments. The text clarifies complex issues, offering solutions to practical combat dilemmas that have emerged in present-day battlefield situations. Subjects examined in depth include direct participation in hostilities, human shields, and air and missile warfare. Useful definitions and explanations have been added, making intricate problems easier to comprehend. The book is designed not only for students of international law, but also

as a tool for the instruction of military officers.

• The definitive text on the conduct of hostilities by the foremost commentator.

• Topical exploration, focusing on recent conflicts in Iraq and Afghanistan.

• Successfully balances academic rigour and clear explanation.

2nd Edition





33INTELLECTUAL PROPERTY LAW

Available November 2015 228 x 152 mm, 832pp9781107472297 AU$149.95 NZ$164.95 PB

Contents1. Introduction 2. Passing off 3. Registered trade marks 4. Exploitation of registered trade marks 5. Copyright: introduction 6. Subsistence of copyright 7. Authorship and first ownership, nature of the rights and duration 8. Exploitation, infringement and defences 9. 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.

Australian Intellectual Property LawMark Davison, Monash UniversityAnn Monotti, Monash UniversityLeanne Wiseman, Griffith University

Intellectual property law in Australia is a dramatically changing field of law where developments in technology, the internet, globalisation and the importance of ‘superbrands’ – trade marks with global appeal – continue to have significant impact. Furthermore, our increasingly globalised world has put greater pressure on intellectual property owners to expand their rights in order to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. This third edition of Australian Intellectual Property Law has been revised and updated to include the most important recent developments in the field, such as:• ‘Raising the Bar’ amendments to the Patents Act• Proposed reforms of the Copyright Act• The High Court’s consideration of trade mark rights in the context of the constitutionThe text has also been updated to include court judgements from the last few years that have touched on relevant topics. Australian Intellectual Property Law, 3rd edition continues to offer students and legal professionals a comprehensive

discussion of the black-letter aspects of the law, with a primary emphasis on legal principles and complexities.

• Revised and updated to include the most important recent developments in intellectual property law in Australia

• Comprehensive discussion of the black-letter aspects of the law

• Written by experts in the field of intellectual property law

3rd Edition




34 INTERNATIONAL LAWInternational Law Cases and Materials with Australian PerspectivesDonald Rothwell, Australian National UniversityStuart Kaye, University of WollongongAfshin Akhtarkhavari, Griffith UniversityRuth Davis, University of Wollongong

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. Cases and treaties are dissected to highlight

the key principles, rules and distinctive learning points. This new edition has been thoroughly updated in line with recent

developments in the field and includes a new chapter on the use of force, as well as expanded content on the enforcement of

international law, including sanctions, law enforcement against pirates and the 2011 Libyan conflict. International Law provides

clear and rigorous analysis and is an indispensable resource for law students.

• 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


Contents1. 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.

2nd Edition





35INTERNATIONAL LAWAn Introduction to International Organizations LawJan Klabbers, University of Helsinki

The third edition of this market leading textbook (previously called An Introduction to International

Institutional Law) is written in a clear, three-part structure. It is centred on the dynamics of the relationships

between international organisations and their organs, staff, and the outside world. It discusses the essential

topics of the law of international organisations, including powers, finances, and privileges and immunities,

as well as membership rules, institutional structures, and accountability. The newly revised text has been

updated extensively.

• Material has been reorganised into a clear three-part structure.

• 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.


Contents1. 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

3rd Edition





36 INTERNATIONAL LAW ”

Praise for the previous edition:

“This book provides comprehensive and

up-to-date coverage of a central topic

in international law. It goes beyond

the traditional subjects covered in the

law of the sea to include contemporary

and important maritime issues, such as

the conservation of marine biological

diversity and the maintenance of

international peace and security at

sea. Presented in a simple, yet precise,

manner, it will equip the reader with an

understanding of all of the key issues

in the law of the sea, as well as an

appreciation of the challenges which

still lie ahead for the subject.” James Harrison, University of Edinburgh

The International Law of the SeaYoshifumi Tanaka, University of Copenhagen

This new edition has been fully revised and updated to include contemporary issues together

with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral

Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure

of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction,

maritime delimitation, and protection of the marine environment. A new concluding chapter has

also been included and presents a perspective on the future development of the international

law of the 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.

• Clear, engaging writing style and a systematic manner of analysis.

• 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.


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

2nd Edition





37INTERNATIONAL LAWThe Cambridge Companion to International LawEdited by: James Crawford, University of CambridgeMartti Koskenniemi, University of Helsinki

This intellectually rigorous introduction to international law encourages readers to engage with multiple aspects of

the topic: as ‘law’ directing and shaping its subjects; as a technique for governing the world of states and beyond

statehood; and as a framework within which several critical and constructivist projects are articulated. The articles situate

international law in its historical and ideological context and examine core concepts such as sovereignty, jurisdiction

and the state. Attention is also given to its operation within international institutions and in dispute settlement,

and a separate section is devoted to international law’s ‘projects’: protecting human rights, eradicating poverty, the

conservation of resources, the regulation of international trade and investment and the establishment of international

order. The diverse group of contributors draws from disciplinary orientations ranging from positivism to postmodernism to

ensure that this book is informed theoretically and politically, as well as grounded in practice.

• Introduction to international law from traditional and critical perspectives will benefit those working in or studying in the field

• Chapters provide politically and theoretically informed overviews while avoiding technical or specialised vocabularies

• Transcends the key divides in international law to provide multiple insights into the main issues


ContentsIntroduction Part I. The Contexts of International Law: 1. International law in diplomatic history 2. International law in the world of ideas 3. International law as law Part II. International Law and the State: 4. Statehood: territory, people, government 5. Sovereignty as a legal value 6. Exercise and limits of jurisdiction 7. Lawfare and warfare Part III. Techniques and Arenas: 8. Law-making and sources 9. International courts: uneven judicialisation in global order 10. International institutions 11. International law and the relativities of enforcement Part IV. Projects of International Law: 12. Constituting order Anne Orford 13. Legitimating the international rule of law 14. Human rights in disastrous times 15. Justifying justice 16. Regulating trade, investment and money 17. Divided against itself: aspiration and reality of international law 18. Conserving the world’s resources? Guide to electronic sources of international law




38 INTERNATIONAL LAWAn Introduction to International Criminal Law and ProcedureRobert Cryer, University of BirminghamHåkan Friman, University College LondonDarryl Robinson, Queen’s University, OntarioElizabeth Wilmshurst, University College London

By offering both a comprehensive update and new material reflecting the continuing development of the subject, this continues to be the leading textbook on international criminal law. Its experienced author team draws on its combined expertise as teachers, scholars and practitioners to offer an authoritative survey of the field. The third edition contains new material on the theory of international criminal law, the practice of international criminal tribunals, the developing case law on principles of liability and procedures and new practice on immunities. It offers valuable supporting online materials such as case studies, worked examples and study guides. Retaining its comprehensive coverage, clarity and critical analysis, it remains essential reading for all in the field.

• 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.

• New edition features updated case law and new material on the changing status of tribunals, growing case law on liability and the theory of international criminal law.

• Complete textbook package for students and lecturers: extensive online resources include sample syllabi, case studies and worked examples.


ContentsPart 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. Alternative and complements to criminal prosecution 23. The future of international criminal law.

3rd Edition

”

“Cryer, Friman, Robinson and

Wilmshurst present an excellent

combination of width and

depth, of detail and clarity, and

of analysis and critique. These

qualities make this textbook

ideal for both undergraduate

and postgraduate students, but

also a very satisfying port of call

for academics seeking a detailed

and thoughtful introduction to

international criminal law and

procedure.”Ioannis Kalpouzos, City University London





39INTERNATIONAL LAWInternational LawMalcolm Shaw, Essex Court Chambers, London

This new edition of International Law confirms the text’s status as the definitive book on

the subject. Combining both his expertise as teacher and practitioner, Malcolm Shaw’s

survey of the subject motivates and challenges the student. By offering an unbeatable

combination of clarity of expression and academic rigour, he ensures both understanding

and critical analysis. The text has been updated throughout, to reflect all case law and

treaty developments. It retains the detailed reference and footnotes which encourage

further reading at either an undergraduate or postgraduate level.

• Authoritative.

• Comprehensive.

• This is a student’s favourite.

Available Now 2014, 246 x 189 mm, 1066pp9781107612495 AU $84.95 NZ$93.95 PB9781107040861 AU$175.00 NZ$217.95 HB

Contents1. 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.

7th Edition

”

“This new edition is - as previous incarnations have been - unquestionably the leading textbook on the topic. The book is about as close to comprehensive as a textbook can get, and throughout it is extremely detailed and analytical. Yet, it is also accessibly written and easy to follow. Shaw’s book is an excellent introduction to international law for undergraduates and others new to the subject, but it will also be of significant value to postgraduates, teachers and practitioners. This fully updated version covers crucial recent developments, such as the International Court of Justice’s Jurisdictional Immunities decision, the annexation of Crimea, and the Libyan

and Syrian civil wars.”

James A. Green,

University of Reading




40 INTERNATIONAL LAWModern Treaty Law and PracticeAnthony Aust, London School of Economics and Political Science

This new edition of a textbook first published in 2000 provides a comprehensive account of the law of

treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind.

Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just

when they are the subject of a court case. He explores numerous precedents from treaties and other related

documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language,

the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern

Treaty Law and Practice is essential reading for teachers and students of law, political science, international

relations and diplomacy, who have an interest in treaties.

• 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.

• Uses non-technical language, making it accessible to all.

• Contains more candid information than previous editions, as the author has now left his post in the Foreign Commonwealth Office.


ContentsIntroduction 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 11. Territorial application 12. Successive 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 Appendices.

3rd Edition





41INTERNATIONAL LAW ”

Praise for the previous edition:

“This book provides comprehensive and

up-to-date coverage of a central topic

in international law. It goes beyond

the traditional subjects covered in the

law of the sea to include contemporary

and important maritime issues, such as

the conservation of marine biological

diversity and the maintenance of

international peace and security at

sea. Presented in a simple, yet precise,

manner, it will equip the reader with an

understanding of all of the key issues

in the law of the sea, as well as an

appreciation of the challenges which

still lie ahead for the subject.” James Harrison, University of Edinburgh

The International Law of the SeaYoshifumi Tanaka, University of Copenhagen

This new edition has been fully revised and updated to include contemporary issues together

with new cases delivered by international courts and tribunals, such as the ICJ, ITLOS and Arbitral

Tribunals, treaties, UN resolutions, and other instruments. It retains the clear chapter structure

of the first edition, but has expanded the topics on marine spaces beyond national jurisdiction,

maritime delimitation, and protection of the marine environment. A new concluding chapter has

also been included and presents a perspective on the future development of the international

law of the 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.

• Clear, engaging writing style and a systematic manner of analysis.

• 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.


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

2nd Edition




42 INTERNATIONAL LAWFoundations of International Migration LawEdited by: Brian Opeskin, Macquarie University, SydneyEdited by: Richard Perruchoud, International Organisation for MigrationEdited by: Jillyanne Redpath-Cross, International Organisation for Migration

International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.

• Broad coverage of relevant legal regimes across the chapters.

• Each chapter contains a list of key resources and key readings, allowing readers to explore relevant migration institutions, processes and databases.

• Clearly written chapters on non-specialist sources of IML, including a glossary of essential terms.


Contents1. Conceptualising international migration law 2. Contemporary patterns of international migration 3. Sources of international migration law 4. Nationality and statelessness 5. State sovereignty and freedom of movement 6. International human rights of migrants 7. Refugees and asylum 8. Women, children and other marginalised migrant groups 9. Human trafficking and smuggling 10. International migration by sea and air 11. International labour migration 12. International trade law and labour mobility 13. Global migration institutions and processes 14. Regional processes, law and institutional developments on migration 15. Emerging legal issues in international migration Appendix 1. Glossary Appendix 2. Cases Appendix 3. Treaties and other international instruments





43INTERNATIONAL LAWHandbook of International LawAnthony Aust, London School of Economics and Political Science

To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems. It offers a practical approach to the subject, giving it relevance and immediacy. The second edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.

• 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 provides 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 highlighting the problems that laws were originally created to solve, as well as how they are now used to solve day-to-day problems.


Contents1. 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

”

“Anthony Aust’s Handbook of

International Law is a masterful

summary of the major areas of

international law and is suitable

for practitioners and students

alike. The author’s experience

as both a practitioner and an

academic is evident in the

pertinent examples given and the

analysis employed. It is a ‘must

read’ for anyone new to the

subject of international law.”

Susan C. Breau,

University of Surrey

2nd Edition




44 INTERNATIONAL LAW


Contents1. 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 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

The International Law on Foreign InvestmentM. Sornarajah, National University of Singapore

Sornarajah’s classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.

• Timely edition given recent upheavals in the field of foreign investments.

• Provides perfect balance of authoritative overview and thought-provoking analysis.

• Looks at related developments in economics and politics to accurately reflect the law ‘in action’.

3rd Edition





45INTERNATIONAL TRADE


Contents1. 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.

Australian Export A Guide to Law and PracticeJustin Malbon, Monash UniversityBernard Bishop, Griffith University

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. 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. 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

2nd Edition




46 INTERNATIONAL TRADEThe Law and Policy of the World Trade Organization Text, Cases and MaterialsPeter Van den Bossche, Universiteit Maastricht, Netherlands Werner Zdouc, WTO Appellate Body, Geneva

Since the publication of its first edition, this textbook has been the first choice of teachers and students alike, due to its detailed examination of World Trade Organization (WTO) law and clear introduction to the basic principles of its trading system. The third edition continues to explore the institutional and substantive law of the WTO. Material has been restructured to closely align with teaching approaches making it even more user-friendly. It has been updated to incorporate all new developments in the WTO’s body of case law. Questions and assignments are integrated to allow students to assess their understanding, while chapter summaries reinforce learning. Each chapter ends with an exercise reflecting real-life trade problems: these challenge students (and practitioners) and enable them to hone their analytical skills. The title is an essential tool for all

WTO law students and will also serve as the practitioner’s introductory guide to the WTO.

• Restructured to more closely align with teaching in the field.

• All new case law developments explored.

• Introduction of leading practitioner to author team offers additional expertise.

• Retains comprehensive coverage, rigorous analysis and pedagogical features which ensures its market leading status.

Available Now2013, 247 x 174 mm, 1112pp9781107694293 AU$105.00 NZ$115.959781107024496 AU$210.00 NZ $226.95

Contents1. International trade and law of the WTO; 2. The World Trade Organization; 3. WTO Dispute Settlement; 4. Most favoured nation treatment; 5. National treatment; 6. Tariff barriers; 7. Non-tariff barriers; 8. General and security exceptions; 9. Economic emergency exceptions; 10. Regional trade exceptions; 11. Dumping; 12. Subsidies; 13. Technical barriers to trade; 14. Sanitary and phytosanitary measures; 15. Intellectual property rights; 16. Future challenges to the WTO and the multilateral trade system

”

“An excellent textbook, written

with an admirable degree of

clarity and rigour … Professor

Van den Bossche remarkably

succeeds in combining an in-

depth analysis of the law of the

World Trade Organization with a

thought-provoking introduction

to the legal, institutional, and

policy challenges facing the

multilateral trading system. The

book is an invaluable reference

for students, academics and

practitioners in the field.”

Dr Gracia Marín Durán,

Director, LLM Programme in

International Economic Law,

University of Edinburgh

3rd Edition





47JURISPRUDENCEJurisprudenceSuri Ratnapala, University of Queensland

Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and

demystifies the discipline’s major ideas, promoting a deeper understanding of the social, moral and economic dimensions

of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from

Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to

reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in

legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the

law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of

justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of

Scandinavian realism and critiques of law and economics from the Austrian economic perspective.

• A comprehensive and critical overview of jurisprudence

• The book demystifies the subject for students using engaging prose, without sacrificing depth

• Includes new material on scientific advances in cognition and human behaviour in relation to the laws, and expanded treatment of radical jurisprudence and natural law


Contents1. Introduction Part I. Law As It Is: 2. British legal positivism: philosophical roots and command theories 3. Herbert Hart’s new beginning and new question 4. Germanic legal positivism: Han Kelsen’s quest for the pure theory of law 5. Realism in legal theory Part II. Law and Mortality: 6. Natural law tradition from antiquity to enlightenment 7. John Finnis’ restatement of classical natural law 8. Separation of law and morality Part III. 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 IV. Rights and Justice: 13. Fundamental legal conceptions: the building blocks of legal norms 14. Justice.

2nd Edition




48 LAW AND RELIGIONLaw and ReligionRussell Sandberg, Cardiff University

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. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. 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. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book’s explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book’s updating website. This innovative text is essential reading for all students in the field.

• 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.


Contents1. 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

”

“Sandberg’s book is an excellent

tool, which suggests many ideas,

proposals and conceptualisations

that are bound to have an effect

on the academic community

and students across the UK

and elsewhere. In this, his first

book, Sandberg has produced

an invaluable and remarkable

piece which should be highly

recommended in British

universities and to all those with

an interest in religion and law,

theology, history, political science

and sociology.”

Javier García Oliva,

Legal Studies





49LAW AND RELIGIONAn Introduction to Islamic LawWael B. Hallaq, McGill University, Montréal

The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

• A concise, erudite introduction to the history, practice and contentions of Islamic law.

• Clearly composed and structured for an undergraduate market.

• Hallaq is the master of his field, a leading scholar of Islamic law and its interpretation.


ContentsIntroduction Part I. Tradition and Continuity: 1. Who’s who in the Shari’a 2. The law: how is it found? 3. The legal schools 4. Jurists, legal education and politics 5. Shari’a’s society 6. Pre-modern governance: the circle of justice Part II. Modernity and Ruptures: 7. Colonizing the Muslim world and its Shari’a 8. Modernizing the law in the age of nation states 9. State, ulama and Islamists 10. Shari’a then and now: concluding notes

”

“This path-breaking new history

of Islamic law will become a

standard introduction to the

subject. Professor Hallaq has

provided a magnificent overview

of the topic, drawing on his wide

reading in primary sources and

his many important publications

on the history of Islamic law and

Islamic legal thought.”

Joseph E. Lowry,

University of Pennsylvania




50 MEDICAL LAWMedical Law and Medical EthicsNils Hoppe, Universität Hannover, GermanyJosé Miola, University of Leicester

A focus on the interplay between medical law and medical ethics makes this refreshing new textbook the most balanced approach available to students of law and medicine. By offering a unique chapter structure which gives equal weight to both the legal and ethical issues it allows for an appreciation of all factors at play in the field of medical law. In addition, its student-friendly writing style combined with critical analysis gives students the tools to engage with key issues and form their own understanding. Accompanying online case studies convey the law in practice, and encourage students to consider their own views and arguments in terms of legal analysis and ethical consideration. Coverage of recent judicial cases and statutes, with a good balance of factual detail and critical analysis, allows students to engage with this evolving discipline.

• The equal consideration of medical law and medical ethics provides the most balanced approach available.

• A unique, consistent chapter structure sets out legal principles, draws conclusions and then explores the ethical questions arising from those principles.

• Accompanying online case studies engage the student and show the law and ethical issues ‘in action.’


Contents1. Introduction 2. Confidentiality and access to information 3. Errors and fault 4. Consent and autonomy 5. Incapable adults and children 6. Resource allocation and prioritisation 7. Assisted reproduction 8. Abortion, neonaticide and infanticide 9. Organ and tissue transplantation 10. Research 11. End of life 12. Concluding thoughts.

”

“This book provides a thoughtful and insightful engagement with the subject of medical law. In encouraging readers to think thematically across different substantive areas, the authors have succeeded in not only illuminating some of the most crucial ethical debates for this area of legal regulation, but of telling the story of the development of medical law and of highlighting the difficulty of the decisions that have to be reached. The book’s conversational style is sure to provoke further interesting

debate amongst its readership.”

Julie McCandless, London

School of Economics and

Political Science





51PRIVATE INTERNATIONAL LAWCollier’s Conflict of LawsPippa Rogerson, University of Cambridge

This reworked version of Conflict of Laws introduces a new generation of students to the classic. It has been

completely rewritten to reflect all the recent developments including the increased legislation and case law in

the field. The author’s teaching experience is reflected in her ability to provide students with a clear statement

of rules which sets out a framework to the subject, before adding detail and critical analysis. Recognising that

the procedural aspect of the subject challenges most students, the book explores conflict of laws in its practical

context to ensure understanding. Teachers will appreciate the logical structure, which reflects teaching in

the field today. Retaining the authority that was the hallmark of the previous edition, this contemporary and

comprehensive textbook is essential reading.

• Clear and accessible updated version of the classic text on the subject.

• Focuses on commercial law.

• Substantially rewritten to reflect all case law and legislative developments.

• Restructured to map contemporary courses.

Contents1. Introduction 2. Characteristics of the conflict of laws 3. Domicile and habitual residence procedure 4. Selected aspects of procedure of the English court 5. Jurisdiction of the English courts 6. National rules 7. Provisional measures 8. Foreign judgments 9. Choice of law rules 10. Contractual obligations 11. Non-contractual obligations 12. Property 13. Avoiding the results of the choice of law process


4th Edition




52 PROFESSIONAL REFERENCESEffective Negotiation From Research to ResultsRay Fells, University of Western Australia

Effective Negotiation is a task-oriented and practical resource that provides the skills needed to reach a good agreement.

It examines how negotiations work and covers key issues such as trust, power and information exchange. Ray Fells

draws on his extensive teaching and research experience to present useful, applicable strategies and advice on managing

workplace and business negotiations. Fully revised and updated, this comprehensive second edition boasts new features

including chapter summaries, fundamental skills tips and a complete Negotiator’s Toolkit. It incorporates up-to-date case

studies, new material on mediation and on multiparty negotiations and a new concluding chapter on being an effective

negotiator. The companion website, at www.cambridge.edu.au/academic/effective, includes a comprehensive set of lecturer

resources, including PowerPoint summaries, negotiation role plays and expanded case material. Effective Negotiation

remains an essential resource for students and professionals in the fields of business and management, law, human resource

management and employment relations.

• A completely task-oriented approach that acknowledges the complexity of negotiations and goes beyond regarding negotiation as competitive or co-operative

• Considers the key issues of trust, power and information exchange in cross-cultural negotiations

• Includes useful new features which help students translate theory into practice, such as fundamental skills tips and Negotiator Toolkits


Contents1. An introduction to negotiation: why isn’t negotiation more straightforward? 2. The essence of negotiation: what is at the core of any negotiation? 3. The knight’s move: being strategic in negotiation 4. The process of negotiation: phrases and phases: is there a pattern to negotiation or do I just go with the flow? 5. A negotiation script and other ways to manage a negotiation 6. Digging deep and dealing with differences 7. Exploring options by creating an opportunity for a ‘light bulb’ moment 8. The end-game exchange 9. Negotiating on behalf of others 10. Cross-cultural negotiations: different, but much the same 11. Becoming an effective negotiator.

3rd Edition





53PROFESSIONAL REFERENCESModern Legal Drafting A Guide to Using Clearer LanguagePeter Butt, University of Sydney

Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, 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. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.

• 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.


Contents1. 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 I. Structure and Form 6. How to draft modern documents Part II. Particular Issues for Legal Drafters 7. How to draft modern documents Part III. Words and phrases 8. Using the modern style.

3rd Edition





54 PROFESSIONAL REFERENCESThe Art of Argument A Guide to MootingChristopher Kee, Universität Basel, Switzerland and Deakin University, Victoria

The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.

• 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.


ContentsPreface 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 Index





55PROFESSIONAL REFERENCESLawyering Skills and the Legal ProcessCaroline Maughan, University of the West of England, BristolJulian Webb, University of Westminster

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. It develops oral and written communication, group working, problem solving and conflict resolution skills in a range of legal contexts: client interviewing, drafting, managing cases, legal negotiation and advocacy. The book is designed specifically to help students to practise and develop skills that will be essential in a range of occupations; develop a deeper understanding of the English legal process and the lawyer’s role in that process; enhance their understanding of the relationship between legal skills and ethics; and understand how they learn and how they can make their learning more effective. This book provides a stimulating, accessible and challenging approach to understanding the problems and uncertainties of practising law that goes beyond the standard approaches to lawyers’ skills.

• It adopts a workbook approach, enabling students to engage meaningfully with the material.

• It includes numerous exercises to facilitate teaching and learning.

• The book bridges the gap between academic and practical law for students undertaking undergraduate skills-based and clinical legal education courses.


ContentsPreface Table of cases and legislation 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? Further reading.


2nd Edition




56 REMEDIES LAWRemedies in Australian Private LawKaty Barnett, University of MelbourneSirko Harder, University of Sussex

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.

Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort,

breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical

perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the

concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students and

practitioners to develop an overarching conception of remedial law and thereby enhance their capacity to analyse legal

problems and find the best solutions.

• 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


Contents1. General introduction Part I. General Principles of Compensation: 2. Assessment of compensation: general principles 3. Attribution of responsibility: general principles 4. Multiple wrongdoers Part II. Compensation in Specific Contexts: 5. Compensation for breach of contract 6. Compensation for Tort 7. Compensation for personal injury and death 8. Compensation under the Australian Consumer Law 9. Equitable compensation for breach of equitable obligations Part III. Remedies Compelling Performance and Related Remedies: 10. Specific performance 11. Injunctions 12. Lord Cairns’ Act Damages Part IV. Remedies as Vindication: 13. Self-help remedies 14. Exemplary damages, aggravated damages and declaratory relief 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.




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