Sunday, August 27, 2023

Zhao and McNamara on 'Environmental Public Interest Litigation in China'

 Dr Bob Zhao, a Senior Lecturer, and Professor Noeleen McNamara of the University of Southern Queensland School of Law and Justice have published (along with co-author Xi Wang) a new book titled Environmental Public Interest Litigation in China (Springer, 2023).  Here is the publisher's description:

"This book offers readers an accessible and broad-ranging guide to Environmental Public Interest Litigation (EPIL), which has burgeoned in China over the past decade. The aim of this book is to provide a systematic review of Chinese experiences with EPIL in environmental matters, both with a view to gauging its success to date and well as discussing some more critical aspects. To this end, the book systematically examines the establishment and development of EPIL in China's legal, social, and political contexts. It examines particularly the significant role and functions of EPIL in China's environmental governance, and the far-reaching impacts on Chinese civil society and governments. It also offers readers an insiders' perspective in terms of procedural and substantive issues with respect to EPIL, by reviewing the institutional designs, theoretical underpinnings and specific mechanisms, the roles of various participants and stakeholders involved in this legal process. At the same time, it studies leading EPIL cases raised from environmental pollution, natural resource damage and ecological damage, and the effectiveness of environmental adjudication that sustains EPIL as a new form of judicial instrument. This book is written to remedy the gap between Chinese and English literature in this area of law. The analysis of these issues, through a historic and comparative perspective, reveals the strengths and weaknesses of the current legal regime and serves as a basis for recommendations for bringing about more effective EPIL in China."

Monday, August 14, 2023

Jones on 'An Annotated Guide to the Human Rights Act 2019 (Qld)'

Dr Nicky Jones of the University of Southern Queensland has co-written (along with Peter Billings) a new book titled An Annotated Guide to the Human Rights Act 2019 (Qld).  The book is published by LexisNexis. Here is the publisher's description:

"The Human Rights Act 2019 (Qld) introduced human rights obligations into Queensland that affect all new legislation and require public entities to conduct themselves and make decisions in a way that is compatible with human rights.

This important new text clarifies the scope, content, interpretation and operation of the legislation. The extensive discussion and analysis is informed by the considerable body of international human rights decisions and commentary that has developed under core international human rights treaties such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the European Convention on Human Rights, as well as the domestic jurisprudence and commentary from Victoria and the Australian Capital Territory and comparable countries such as the United Kingdom.

Providing both commentary on the Act and annotations to all key provisions, the text offers first reference guidance to legal practitioners, Members of Parliament, public servants, service providers and other people whose role brings them into contact with Queensland’s Human Rights Act, as well as a broader audience of students, academics and people who are interested in human rights law."

Sunday, August 13, 2023

Mortensen on ‘Lucy’s Argument: The Spycatcher Case in Australia’

Professor Reid Mortensen of the University of Southern Queensland School of Law and Justice has published a research article titled 'Lucy's Argument: The Spycatcher Case in Australia'.  It appears as  Chapter 6 in an edited collection by Sarah McKibbin and Anthony Kennedy titled The Common Law Jurisprudence of the Conflict of Laws (Hart Publishing, Oxford, 2023).

Tuesday, August 8, 2023

Gray on ‘Consumption Taxes and Section 90 of the Australian Constitution’

 Professor Anthony Gray of the University of Southern Queensland School of Law and Justice has published a new article titled 'Consumption Taxes and Section 90 of the Australian Constitution'.  The article appears in Volume 38(2) of the Australian Tax Forum.  Here is the abstract:

"Although the High Court has settled upon a broad view of “excise” in s 90 of the Constitution, it has excluded from that term a “true” consumption tax, a tax imposed upon the act of consumption. A Victorian tax on zero and low-emission vehicles imposes such a tax, and is under constitutional challenge. This article explains relevant case law on s 90 as it relates to this question. It considers arguments in favour of and against including “true” consumption taxes within the meaning of excise in s 90. It concludes there are stronger arguments, based on precedent, logic and public policy, favouring the inclusion of such taxes within the meaning of excise in the Constitution."

Monday, August 7, 2023

Collins on 'The Essentials of International Law: An Australian Context'

Professor Pauline Collins of the University of Southern Queensland School of Law and Justice has co-written (with Math Noortmann) a new book titled Essentials of International Law: An Australian Context.  The book is published by LexisNexis.  Here is the publisher's summary:

"Essentials of International Law: An Australian Context provides a comprehensive guide to the basic rules and sources of international law. Designed as a concise and accessible reference for both students and practitioners, it offers Australia-specific examples to contextualise international law concepts for Australian readers. Key principles, cases, legislation, treaties and other international instruments are identified and explained succinctly.

The book covers all the foundational topics of international law and international organisations, and also includes specific international law topics such as human rights, criminal law, economic law and environmental law.

Features
• Concise yet comprehensive coverage
• A succinct quick reference guide
• Accessible and informative
• Australian-focused"

Sunday, August 6, 2023

McKibbin on ‘Brook v Brook: Rethinking Marriage Choice of Law’

Dr Sarah McKibbin, a Lecturer at the University of Southern Queensland School of Law and Justice, has published a new scholarly book chapter titled 'Brook v Brook: Rethinking Marriage Choice of Law'.  The chapter appears in Sarah McKibbin and Anthony Kennedy (eds), The Common Law Jurisprudence of the Conflict of Laws (Hart Publishing, Oxford, 2023).