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Making Copyright Work for the Asian Pacific »

Juxtaposing Harmonisation with Flexibility

Publication date: October 2018
This book provides a contemporary overview of developing areas of copyright law in the Asian Pacific region. While noting the tendency towards harmonisation through free trade agreements, the book takes the perspective that there is a significant amount of potential for the nations of the Asian Pacific region to work together, find common ground and shift international bargaining power. Moreover, in so doing, the region can tailor any regional agreements to suit local needs. The book addresses the development of norms in the region and the ways in which this can occur in light of the specific nature of the creator–owner–user paradigm in the region and the common interests of Indigenous peoples.

The Neoliberal State, Recognition and Indigenous Rights  »

New paternalism to new imaginings

Edited by: Deirdre Howard-Wagner, Maria Bargh, Isabel Altamirano-Jiménez
Publication date: July 2018
The impact of neoliberal governance on indigenous peoples in liberal settler states may be both enabling and constraining. This book is distinctive in drawing comparisons between three such states—Australia, Canada and New Zealand. In a series of empirically grounded, interpretive micro-studies, it draws out a shared policy coherence, but also exposes idiosyncrasies in the operational dynamics of neoliberal governance both within each state and between them. Read together as a collection, these studies broaden the debate about and the analysis of contemporary government policy. The individual studies reveal the forms of actually existing neoliberalism that are variegated by historical, geographical and legal contexts and complex state arrangements. At the same time, they present examples of a more nuanced agential, bottom-up indigenous governmentality. Focusing on intense and complex matters of social policy rather than on resource development and land rights, they demonstrate how indigenous actors engage in trying to govern various fields of activity by acting on the conduct and contexts of everyday neoliberal life, and also on the conduct of state and corporate actors.

Gilded Age »

Edited by: Ivan Franceschini, Nicholas Loubere
Publication date: April 2018
According to the Chinese zodiac, 2017 was the year of the ‘fire rooster’, an animal often associated with the mythical fenghuang, a magnificently beautiful bird whose appearance is believed to mark the beginning of a new era of peaceful flourishing. Considering the auspicious symbolism surrounding the fenghuang, it is fitting that on 18 October 2017, President Xi Jinping took to the stage of the Nineteenth Party Congress to proclaim the beginning of a ‘new era’ for Chinese socialism. However, in spite of such ecumenical proclamations, it became immediately evident that not all in China would be welcome to reap the rewards promised by the authorities. Migrant workers, for one, remain disposable. Lawyers, activists and even ordinary citizens who dare to express critical views also hardly find a place in Xi’s brave new world. This Yearbook traces the stark new ‘gilded age’ inaugurated by the Chinese Communist Party. It does so through a collection of more than 40 original essays on labour, civil society and human rights in China and beyond, penned by leading scholars and practitioners from around the world.

A Long Way to Go »

Irregular Migration Patterns, Processes, Drivers and Decision-making

Publication date: December 2017
A Long Way to Go: Irregular Migration Patterns, Processes, Drivers and Decision-making presents the findings of a unique migration research program harnessing work of some of the leading international and Australian migration researchers on the challenging and complex topic of irregular maritime migration. The book brings together selected findings of the research program, and in doing so it contributes to the ongoing academic and policy discourses by providing findings from rigorous quantitative, qualitative and mixed methods research to support a better understanding of the dynamics of irregular migration and their potential policy implications. Stemming from the 2012 Expert Panel on Asylum Seekers report, the Irregular Migration Research Program commissioned 26 international research projects involving 17 academic principal researchers, along with private sector specialist researchers, international organisations and policy think tanks. The centrepiece of the research program was a multi-year collaborative partnership between the Department of Immigration and Border Protection and The Australian National University’s Crawford School of Public Policy. Under this partnership, empirical research on international irregular migration was commissioned from migration researchers in Australia, Indonesia, Iran, the Netherlands, Sri Lanka and Switzerland.

Crown and Sword »

Executive power and the use of force by the Australian Defence Force

Authored by: Cameron Moore
Publication date: November 2017
The Australian Defence Force, together with military forces from a number of western democracies, have for some years been seeking out and killing Islamic militants in Iraq, Syria and Afghanistan, detaining asylum seekers for periods at sea or running the judicial systems of failed states. It has also been ready to conduct internal security operations at home. The domestic legal authority cited for this is often the poorly understood concept of executive power, which is power that derives from executive and not parliamentary authority. In an age of legality where parliamentary statutes govern action by public officials in the finest detail, it is striking that these extreme exercises of the use of force often rely upon an elusive legal basis. This book seeks to find the limits to the exercise of this extraordinary power.

New Directions for Law in Australia »

Essays in Contemporary Law Reform

Edited by: Ron Levy, Molly O’Brien, Simon Rice, Pauline Ridge, Margaret Thornton
Publication date: September 2017
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

East Asia Forum Quarterly: Volume 9, Number 2, 2017 »

Publication date: June 2017
East Asia Forum Quarterly grew out of East Asia Forum (EAF) online, which has developed a reputation for providing a platform for the best in Asian analysis, research and policy comment on the Asia Pacific region in world affairs. EAFQ aims to provide a further window onto research in the leading research institutes in Asia and to provide expert comment on current developments within the region. The East Asia Forum Quarterly, like East Asia Forum online, is an initiative of the East Asia Forum (EAF) and its host organisation, the East Asian Bureau of Economic Research (EABER) in the Crawford School of Economics and Government in the College of Asia & the Pacific at The Australian National University.
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Regulatory Theory »

Foundations and applications

Edited by: Peter Drahos
Publication date: February 2017
This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.

Australian Clinical Legal Education »

Designing and operating a best practice clinical program in an Australian law school

Authored by: Adrian Evans, Anna Cody, Anna Copeland, Jeff Giddings, Peter Joy, Mary Anne Noone, Simon Rice
Publication date: February 2017
Clinical legal education (CLE) is potentially the major disruptor of traditional law schools’ core functions. Good CLE challenges many central clichés of conventional learning in law—everything from case book method to the 50-minute lecture. And it can challenge a contemporary overemphasis on screen-based learning, particularly when those screens only provide information and require no interaction. Australian Clinical Legal Education comes out of a thorough research program and offers the essential guidebook for anyone seeking to design and redesign accountable legal education; that is, education that does not just transform the learner, but also inculcates in future lawyers a compassion for and service of those whom the law ought to serve. Established law teachers will come to grips with the power of clinical method. Law students struggling with overly dry conceptual content will experience the connections between skills, the law and real life. Regulators will look again at law curricula and ask law deans ‘when’?

Disturbances in Heaven »

Edited by: Ivan Franceschini, Kevin Lin, Nicholas Loubere
Publication date: February 2017
Labour and civil society are two fundamental components of international discussions concerning China today. Whether it is the arrest of labour activists or rights lawyers, the adoption of new industrial policies, or the passing of draconian rules on non-governmental organisations, the events occurring in these areas in China often make global headlines. At the same time, in spite of the grave challenges for workers and activists, the Chinese labour movement is witnessing significant developments, with the occurrence of some of the largest strikes in decades. All of this calls for more serious analysis from both scholars and practitioners, as well for critical engagement with a broader global audience interested in forging international solidarity. It is with these aims in mind that we have compiled this Made in China Yearbook 2016: Disturbances in Heaven, a collection of original articles by both scholars and activists, analysing the most important trends in Chinese labour and civil society over the past year. With its unique blend of in-depth scholarly work written in a direct, accessible style, this volume will allow readers to situate events and policies related to Chinese labour and civil society in a wider context, and serve as an indispensable reference book for international activists, practitioners, and policy-makers.