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The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic and relevant areas of law today. Now in its third edition, this textbook provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering students and teachers a comprehensive and logical discussion and analysis of the law. The textbook contains detailed examples, extracts from relevant cases, and useful discussion questions and a recommended reading list for each chapter, to help students and teachers alike engage with the subject matter, and grasp how the theory and the practice interact. Developing and emerging trends in theory and practice of international humanitarian law are also explored and examined, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.
Now in its fourth edition, Bantekas and Oette's textbook on international human rights law is the key text around the globe for both undergraduate- and graduate-level courses in law and other disciplines with a human rights dimension. It covers theoretical approaches to rights as well its practice, from grassroots activism to strategic litigation. In addition to classical topics of human rights, the book includes chapters on the interface between investment/trade and human rights, terrorism, the protection of vulnerable persons (such as LGBTQIA+, persons with disabilities, older persons and others), the rights of women, international criminal and humanitarian law, the right to development and sustainable development, reparations and victims' rights, and many others. It has been widely adopted by instructors across the globe for LLM/JD and LLB courses.
This new edition sets out an account of EU law that includes not only that law's established features, but captures its development in recent years and the challenges facing the European Union. With dedicated new chapters on climate change, data protection, free movement of capital, and the EU's relations with other European States, topics such as the Union's response to covid-19 and the Ukraine crisis are addressed in detail. As with previous editions, the new edition integrates case law, legislation, academic materials and wider policy contributions in a way that broadens students' understanding of the law and prompts greater critical reflection on the limits, challenges, and possibilities of EU law. It seeks to set out EU law not so much as a series of laws to be learned but as something that stimulates heavy debate about some of the most contentious and significant issues of our time.
An Introduction to German Law and Legal Culture offers students, comparative law scholars, and practitioners an insightful and innovative survey of the German legal system. While recognizing the significant influence of the Civil Law tradition in the German legal culture, the book also considers other legal traditions – Common Law, Socialist Law, Islamic Law, Adversarial Law, European Law – that are woven into the varied and colorful fabric of the German legal culture. The book provides an informed yet accessible introduction to the foundations of German law as well as to the theory and doctrine of some of the most relevant fields of law: Private Law, Constitutional Law, Administrative Law, Criminal Law, Procedural Law, and European Law. It is an engaging and pluralistic portrayal of one of the world's most interesting, important, and frequently modelled legal systems.
Foundations of Taxation Law provides a clear and comprehensive introduction to the policy, principles and practice that underpin the Australian taxation system. Designed as a guide for law and business students as well as tax practitioners, the text blends policy issues, taxation theory, black letter law and commercial practice into a succinct general principles text. Topics are presented in a logical and structured order and are cross-referenced to specific provisions in the legislation and relevant cases so that readers are able to easily find the source of the law. The text includes approximately 400 examples and dozens of diagrams and tables that condense the law and help clarify difficult concepts. This edition contains expanded technical and policy discussion of several areas of law. It has been substantially revised and restructured to take account of the many important legislative reforms, case law developments and announcements that have occurred over the last 24 months.
The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.
Tort law is a dynamic area of Australian law, offering individuals the opportunity to seek legal remedies when their interests are infringed. Contemporary Australian Tort Law introduces the fundamentals of tort law in Australia today in an accessible, student-friendly way. This edition retains the logical coverage of key aspects of tort law and has been thoroughly updated to cover recent case law and legal developments. The chapter on defamation has been comprehensively updated to reflect recent amendments to uniform legislation and its application in common law. Self-assessment tools throughout the text encourage students to test and apply their knowledge of key concepts. These features include case questions and review questions throughout each chapter, as well as longer end-of-chapter hypothetical problems which consolidate students' application of key concepts to realistic contemporary scenarios. Written by a team of teaching experts, Contemporary Australian Tort Law is an engaging resource for students new to studying tort law.
An understanding of the Australian Constitution as a framework for government in Australia is critical for any law student interested in ensuring that the rule of law is upheld. Australian Constitutional Law: Concepts and Cases provides an accessible introduction to Australian constitutional law, integrating theory and doctrine. This book provides clear explanations and carefully selected case extracts that are structured conceptually, rather than chronologically, to enable students to understand both the current state of constitutional law doctrine and how to engage in constitutional reasoning. Discussion questions throughout encourage students to consider how the law has evolved and how it can be applied to hypothetical legislation. The second edition has been updated to include commentary on significant recent High Court decisions and a new chapter that examines the scope of the Commonwealth's power to impose taxation. Written by leading constitutional law scholar Luke Beck, Australian Constitutional Law remains an invaluable resource for law students.
Newly revised, this textbook provides an authoritative conceptual and practical overview of international law governing the resort to force. Following an introductory chapter, with a section on the key issues in identifying the law and actual and potential changes to it, the book addresses the breadth and scope of the prohibition of the threat or use of force and the meaning of 'force' as the focus of this. The book proceeds to address the use of force through the United Nations and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, the controversial right of humanitarian intervention, and forcible interventions in civil conflicts. Updated to include greater focus on aspects such as cyber operations, the threat of force, and the 'human element' to the use force, as well as the inclusion of recent developments such as the 2022 Russian invasion of Ukraine, it seeks to address the contemporary legal framework through the prism of contemporary challenges that it currently faces.
Written by one of the world's leading international lawyers, this is a landmark publication in the teaching of international law. International law can be defined as 'the rules governing the legal relationship between nations and states'. However, with political, diplomatic and socio-economic factors shaping the law and its application, international law is much more complex. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles and breathing new life and energy into the subject, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say? This fourth edition includes references to new case-law and literature, and features (brief) discussions on recent topics of general interest, including the Ukraine invasion, global health law and energy law.
Mining and Energy Law provides students with a comprehensive overview of the national electricity, resources and energy markets and how they are regulated. The second edition has been comprehensively updated to include new content on the United Nations Convention on the Law of the Sea, Australian Energy Market Commission, the gas export market, resource royalties and environmental impact assessments. It also discusses the impacts of climate change and environmental regulation on energy policies in Australia, including climate legislation, the regulation of renewable energy sources, initiatives such as carbon capture and storage, and the transition away from fossil fuels. Each chapter includes lists of further reading and review questions to engage students with the various aspects of the energy and resources sectors. Updated case and legislation extracts articulate the nature of the regulatory and statutory obligations that Australia's mining, offshore and onshore petroleum, natural gas and resources companies must adhere to.
By drawing together key documents, case law, reports and other materials on international humanitarian law from diverse sources, the book presents in a systematic and analytically coherent manner this body of law and to offer students, teachers and practitioners an easily accessible, targeted but also critically informed account of the relevant rules and of how they apply in practice. It covers all areas of international humanitarian law and specifically addresses issues of contemporary interest such as cyber warfare, targeting, occupation, detention, human rights in armed conflict, peacekeeping, neutrality, responsibility and accountability, enforcement, reparations. The book is ideal for instruction, research, reference and application purposes either as a standalone resource or as accompaniment to textbooks and more specialist references.
The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.
Economic regulation affects us all, shaping how we access essential services such as water, energy and transport, as well as how we communicate with one another in the digital world. Modern Economic Regulation describes the core insights of economic theory on which regulatory policies are based and connects this with evidence of how regulation is applied. It focuses on fundamental questions such as: why are certain industries regulated? What principles can inform regulation? How is regulation implemented? Which regulatory policies have been more, or less, effective in practice? All chapters in this second edition are fully updated to reflect the latest research and evidence, while five new chapters cover behavioural economics and the regulation of rail, aviation, payment systems and digital platforms. Each chapter contains discussion questions and topical case studies, and online materials include over 60 applied exercises that explore real-life regulatory problems from around the world.
Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.
Government Accountability Sources and Materials: Australian Administrative Law is designed to accompany the third edition of the textbook Government Accountability: Australian Administrative Law. Following the accessible structure of Government Accountability, this book guides students through the real-world operation of administrative law and demonstrates how multiple doctrines and mechanisms can interact in a single situation. Extracts from primary materials – including cases and legislation – provide a clear account of the facts, issues and statutory provisions considered by the courts, and are accompanied by relevant commentary. This edition has been thoroughly updated to include recent significant cases such as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021), Hocking v Director-General of the National Archives of Australia (2020) and MZAPC v Minister for Immigration and Border Protection (2021). Written by a team of experts, Government Accountability Sources and Materials: Australian Administrative Law is a fundamental and student-friendly introduction to administrative law in practice.
Government Accountability: Australian Administrative Law presents a thorough account of the administrative state and the mechanisms that exist to bring it to account for its actions. It contextualises the theory and explanation of administrative law through carefully chosen case studies and events that offer practical examples of the principles discussed and how they are applied. The third edition has been thoroughly updated to incorporate recent legal developments and includes expanded discussion of 'materiality' in the context of jurisdictional error. The examples used illustrate the operation of legal principles and reflect contemporary social and political circumstances. Written by a team of experts, and known for its clear, consistent and straightforward narrative with logical progression, Government Accountability remains a student-friendly guide to complex administrative law concepts. Government Accountability: Australian Administrative Law is accompanied by a casebook, Government Accountability Sources and Materials: Australian Administrative Law, which provides curated cases and primary legal materials with helpful commentary.
There are some stories that need to be told anew to every generation. This book tells one such story. It explores the historical origins of the common law and explains why that story needs to be understood by all who study or come into contact with English law. The book functions as the prequel to what students learn during their law degrees or for the SQE. It can be read in preparation for, or as part of, modules introducing the study of English law or as a starting point for specialist modules on legal history or aspects of legal history. This book will not only help students understand and contextualise their study of the current law but it will also show them that the options they have to change the law are greater than they might assume from just studying the current law.