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Australian Cartel Regulation
by Caron Beaton-Wells Brent FisseCartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Australian Climate Law in Global Context
by Alexander Zahar Jacqueline Peel Lee Godden Alexander Zahar Jacqueline PeelAustralian 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.
Australian Commercial Law
by Anne Matthew Dilan Thampapillai Claudio Bozzi Vivi Tan Dilan Thampapillai Claudio Bozzi Vivi TanAustralian 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.
Australian Courts: Controversies, Challenges and Change
by Alistair Harkness Marg CamilleriThis edited collection brings together scholars and practitioners in every chapter to provide a comprehensive and unique exploration of courts in Australia. The primary focus is to identify controversies, challenges and change, in the form of potential reforms within the courts across Australian jurisdictions. Bringing forward original research and scholarship on a wide array of courts in Australia, combined with insightful practitioner perspectives, research will be effectively integrated with practice. This book is the first comprehensive collection of its kind to canvas the diversity of courts in Australia, providing comprehensive critical analysis of contemporary issues, debates and reforms. It considers the array of courts across state, territory and national jurisdictions in Australia, including coroners’ courts, family courts, criminal, civil courts and problem solving courts. It also adopts an intersectional approach, providing insights into the perspectives of various court users such as people with disability, ethnic minorities, Indigenous Australians, and victims of crime. Each chapter provides opportunities for further debate among scholars, practitioners and students regarding potential future directions for reform to improve the efficacy, equity and accessibility of Australian courts.This collection serves as an international ready reference for students, scholars and practitioners alike.
Australian Critical Decisions: Remembering Koowarta and Tasmanian Dams
by Ann GenoveseThe 1980s was a time of significant social, political and cultural change. In Australia law was pivotal to these changes. The two High Court cases that this book explores- Koowarta v Bjelke-Petersen in 1982 and the Tasmanian Dams case in 1983- are famous legally as they marked a decisive reckoning by the Court with both international law and federal constitutionalism. Yet these cases also offer a significant marker of Australia in the 1980s: a shift to a different form of political engagement, nationally and internationally, on complex questions about race, and the environment. This book brings these cases together for the first time. It does so to explore not only the legal legacy and relationship between Koowarta and Tasmanian Dams, but also to reflect on how Australians experience their law in time and place, and why those experiences might require more than the usual legal records. The authors include significant figures in Australian public life, some of whom were key participants in the cases, as well as established and respected scholars in law, history, Indigenous and environmental studies. The book offers a combination of personal recollections of the cases- the drama of how they were brought before the courts and decided- as well as a consideration of the cases’ ongoing significance in Australian life. This book was previously published as two special issues in the Griffith Law Review.
Australian Intellectual Property Law
by Mark J. Davison Ann L. Monotti Leanne WisemanThe fourth edition of Australian Intellectual Property Law provides a detailed and comprehensive, yet concise and accessible discussion of intellectual property law in Australia. This edition has been thoroughly revised to cover the most recent developments in intellectual property law, including significant case law and discussion of the proposed and enacted amendments to the Copyright Act 1968 (Cth), the Patents Act 1990 (Cth) and the Plant Breeder's Rights Act 1994 (Cth). The text has been restructured, but continues to provide a complete discussion of the black-letter aspects of the law. Commencing with copyright, then followed by design law, confidential information, patents, plant breeder's rights, then finally trade marks. The work ends with a chapter on enforcing legal rights and civil remedies. Written by highly-respected intellectual property law researchers this text is an invaluable resource for both undergraduate and postgraduate students, academics and other professionals working with intellectual property.
Australian Intellectual Property Law
by Mark Davison Ann Monotti Leanne WisemanIntellectual property law in Australia has changed dramatically in the last decade and continues to change. Developments in technology, the rise of the internet, the globalisation of trade and the increasing importance of 'superbrands' - trade marks with global appeal - have all affected the laws surrounding intellectual property. Furthermore, globalisation has resulted in greater pressure on intellectual property owners to expand their rights as they endeavour to capture the potential benefits of ownership in an increasingly affluent and integrated world economy. Australian Intellectual Property Law, 2nd edition has been fully revised to take into account these significant case and legislative developments in trademarks, copyright and patents law. This book offers students and legal professionals a detailed discussion of the black-letter aspects of the law, with a primary emphasis on legal principles and complexities.
Australian Intellectual Property Law
by Mark J. Davison Ann L. Monotti Leanne Wiseman Mark J. Davison Ann L. MonottiIntellectual property law in Australia is a constantly changing field. Developments in technology, such as in the life sciences and in the digitisation of the creation, analysis, distribution and use of information, along with economic globalisation, are having an increasingly significant impact on this field of law. The third edition of Australian Intellectual Property Law has been updated to include the most important recent developments in intellectual property law, including: - the 'Raising the Bar' amendments to the Patents Act and case law concerning the meaning of 'manner of manufacture' - proposed reforms to the Copyright Act - the High Court's consideration of trademarks in various contexts - recent statutory changes and court judgments. Through its comprehensive discussion of the black-letter aspects of the law, and primary emphasis on legal principles and complexities, Australian Intellectual Property Law continues to offer a detailed and scholarly insight into Australian intellectual property law for students and professionals.
The Australian Judiciary
by H P Lee Enid CampbellThe second edition of HP Lee's The Australian Judiciary provides a timely update to this seminal text. The only definitive survey of the entire Australian judiciary, this text describes and evaluates the work, techniques, problems and the future of the different tiers of courts and judges. It discusses the role of the judiciary as the third sector of government, and analyses and comments on judicial conduct, judicial independence and impartiality, the work of judges beyond the courts, the accountability of judges, and the dangers to judicial institutions. It is an excellent reference work which will appeal to legal scholars and practitioners throughout Australia and internationally.
Australian Policing: Critical Issues in 21st Century Police Practice
by Philip Birch Michael Kennedy Erin KrugerThis edited collection brings together leading academics, researchers, and police personnel to provide a comprehensive body of literature that informs Australian police education, training, research, policy, and practice. There is a strong history and growth in police education, both in Australia and globally. Recognising and reflecting on the Australian and New Zealand Policing Advisory Agency (ANZPAA) education and training framework, the range of chapters within the book address a range of 21st-century issues modern police forces face. This book discusses four key themes: Education, training, and professional practice: topics include police education, ethics, wellbeing, and leadership Organisational approaches and techniques: topics include police discretion, use of force, investigative interviewing, and forensic science Operational practices and procedures: topics include police and the media, emergency management, cybercrime, terrorism, and community management Working with individuals and groups: topics include mental health, Indigenous communities, young people, hate crime, domestic violence, and working with victims Australian Policing: Critical Issues in 21st Century Police Practice draws together theoretical and practice debates to ensure this book will be of interest to those who want to join the police, those who are currently training to become a police officer, and those who are currently serving. This book is essential reading for all students, scholars, and researchers engaged with policing and the criminal justice sector.
Australian Property Law: Principles to Practice
by Michael Nancarrow Penny Carruthers Steven White Christopher Boge Dominic Cudmore Astrid Di CarloAustralian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.
Australian Restitution Law (Australian Principles)
by Sharon ErbacherThis book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.
Australian Uniform Evidence Law
by Fiona Hum Gregor Urbas Ottavio QuiricoNow in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.
Australia's Children's Courts Today and Tomorrow (Children’s Well-Being: Indicators and Research #7)
by Rosemary Sheehan Allan BorowskiThe Children's Court is one of society's most important social institutions. At the same time, it is steeped in controversy. This is in large measure due to the persistence and complexity of the problems with which it deals, namely, juvenile crime and child abuse and neglect. Despite the importance of the Children's Court as a means of holding young people accountable for their anti-social behaviour and parents for the care of their children, it has not been the subject of close study. Certainly it has not been previously studied nationally. This book, an edited collection, is based on the findings of study that spanned the six States and two Territories of Australia. The study sought to examine the current challenges faced by the Children's Court and to identify desirable and feasible directions for reform in each State and Territory. A further unique feature of this study is that it canvassed the views of judges and magistrates who preside over this court.
Australia’s Engagement with Economic and Social Rights: A Case of Institutional Avoidance
by Russell SolomonThis book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
Austrian Legal System and Laws
by Nigel FosterThis book provides an introduction to the Austrian state,legal system and laws. It provides a guide to a number of areas of Austrian substantive law, concentrating on the most important areas of public and private law. The book considers in depth, the historical, political, social and economic aspects of the Austrian State to give more background for those coming afresh to Austrian studies. This book will appeal to academic comparative lawyers across a range of disciplines and academics who require fundamental information on the Austrian state and legal systems. It will make attractive supplementary reading on comparative law courses, especially for those students spending a third year in Austria. It will also prove useful for politics and economics or multidisciplinary studies students who study Austria either directly or for comparison with other countries.
The Austro-Libertarian Point of View: Essays on Austrian Economics and Libertarianism
by Walter E. Block Alan G. FutermanThis book covers several areas of economic theory and political philosophy from the perspective of Austrian Economics and libertarianism. As such, it deals with Epistemology and Methodology, Microeconomics, Macroeconomics, Labor Economics, International Economics, Political Philosophy, Law and Public Policy, all from the Austro-libertarian perspective.Hence, this book offers an integrated view of libertarianism and Austrian economics in the light of recent debates in the areas of economic science and political philosophy. Moreover, it builds from the foundations of the Austrian approach (epistemology and methodology), while the latter material deals with its application to the individual from the microeconomic perspective, which in turn allows an exploration of subjects in macroeconomics. Additionally, this work applies Austro-libertarianism to law, politics, and public policy. Thus, it offers a unified view of the entire approach, in a logical progression, allowing the readers to judge this perspective in full.Futerman and Block say that their book is not a manual, which I suppose it is not. But it is a collection of highly pertinent essays, from which you can understand what is mistaken in the orthodoxy of economics, law, and politics. The central term of art in Austrian economics is that phrase “human action.” It is the exercise of human will, not the blind bumping of one molecule against another or one organism against another, as in the physical sciences…Futerman and Block distinguish Austrian economics as a scientific enterprise based on liberty of the will from “libertarianism” as an advocacy based on policies implied by such liberty. “Although Austrian economics is positive and libertarianism is normative,” they write, “this book shows how both are related; how each can support the other.” Indeed they do.Deirdre N. McCloskey, PhDUIC Distinguished Professor of Economics and of History Emerita,Professor of English Emerita,Professor of Communication Emerita,University of Illinois at Chicago
Aust's Modern Treaty Law and Practice
by Jeremy HillThis new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of two experienced practitioners. It draws on the combined experience of Anthony Aust, the original author, and Jeremy Hill, until recently Legal Counsellor in the Foreign, Commonwealth and Development Office, London. The book provides a wealth of examples of the problems experienced with treaties on a daily basis. The authors explore numerous precedents from treaties and other related documents, such as non-legally binding instruments. Using clear and accessible language, the authors cover the full extent of treaty law, with both practitioners and students in mind. Modern Treaty Law and Practice is essential reading for officials in governments and international organisations, lawyers practising in international law, and teachers and students of law, political science, international relations and diplomacy who have an interest in treaties.
Auswirkungen der Liberalisierung des Internethandels in Europa auf die Arzneimittelkriminalität
by Karlhans Liebl Arndt Sinn Hans Schulte-Nölke Bernd J. Hartmann Roland Schmitz Martin SteinebachDieses Handbuch beleuchtet den Internetversandhandel mit illegalen Arzneimitteln über illegale Online-„Apotheken“, der sich zu einem auffälligen Wachstumsmarkt entwickelt hat. Durch die hohen Gewinnmargen und das niedrige Entdeckungsrisiko ist der Handel mit gefälschten Arzneimitteln mittlerweile weitaus attraktiver geworden als der Handel mit Betäubungsmitteln und bietet Potential als Geschäftsfeld der organisierten Kriminalität.Diesem Szenario entsprechend verfolgt das Handbuch bei der Untersuchung internetgestützter Arzneimittelkriminalität einen ganzheitlichen Ansatz, indem eine empirische Aufarbeitung der Täter- und Tatstrukturen in diesem Kriminalitätsbereich ebenso vorgenommen wird wie die Zeichnung des Lagebildes für die Bundesrepublik Deutschland. Im Hauptteil wird die Rechtslage zur Arzneimittelkriminalität in allen 28 EU-Mitgliedstaaten mit schwerpunktmäßiger Berücksichtigung der Aspekte des materiellen Straf- und Prozessrechts rechtsvergleichend aufbereitet, und es werden die einschlägigen internationalen Vorgaben im Bereich der Arzneimittelkriminalität beleuchtet. Außerdem werden zivil- und öffentlich-rechtliche Interventions- und Präventionsalternativen vorgestellt. Nicht zuletzt wird auch eine für die Ermittlungsarbeit entwickelte technische Lösung zur Verfolgung von Arzneimittelstraftaten im Internet vorgestellt. Einschlägige case-studies und eine Szenarioanalyse zur prognostischen Entwicklung der Arzneimittelkriminalität runden die Darstellung ab.Abschließend werden sowohl der Reformbedarf erhoben als auch konkrete Handlungsempfehlungen ausgesprochen, um Konzepte der Verfolgung internetgestützter Arzneimittelkriminalität in Deutschland und Europa zu verbessern und eine breite Datenbasis für den Gesetzgeber zur effektiveren Gesetzgebung zu schaffen.
Auswirkungen des Meeresspiegelanstiegs auf maritime Grenzen (Beiträge zum ausländischen öffentlichen Recht und Völkerrecht #279)
by Eike BlitzaDas Buch geht der Frage nach, ob und inwiefern sich meeresspiegelinduzierte Veränderungen der Küstenlinien auch im Verlauf maritimer Grenzen widerspiegeln. Nach Untersuchung der maßgeblichen Vorschriften des Seerechtsübereinkommens (SRÜ) kommt die Arbeit zu dem Ergebnis, dass Veränderungen des Küstenverlaufs Auswirkungen auf maritime Grenzen haben können, das Ausmaß der Veränderung allerdings von der konkreten Art der Grenze und deren Entfernung zur Basislinie abhängt. Global betrachtet birgt die Beweglichkeit der Seegrenzen ein erhöhtes Konfliktpotential, denn sie wird Unsicherheit über bestehende Grenzverläufe verursachen. Seegrenzen sollten daher dauerhaft stabilisiert werden. Der Autor belegt, dass dies auf Grundlage des geltenden Rechts nicht sinnvoll gelingen wird. Nur durch Änderung des SRÜ oder der Herausbildung von neuem Völkergewohnheitsrecht ließe sich verhindern, dass das internationale Seerecht die Folgen des durch den Meeresspiegelanstieg bedingten Landverlusts nicht noch verschlimmert.
Authentic Excellence: Flourishing & Resilience in a Relentless World (Giving Voice to Values)
by R. Kelly Crace Robert Louis CraceNever before have the pressures of a comparative and competitive world impacted on our sense of wellbeing, particularly among young adults. Building on the principles of Giving Voice to Values, which honors the complexity and difficulty of leading with our values, this book addresses the unique challenges faced by young adults. It provides a clear process that details how to harness natural wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond mere values clarification, Authentic Excellence helps the reader to develop a deeper relationship with their values and confidently express them, and builds effective coping skills to manage the relentless noise of our comparative and competitive world. Authentic Excellence answers five primary questions: How are young adults affected by this world of relentless change and pressure? Why are young adults vulnerable to a plateau that can negatively affect their resilience? What is the difference between fear-based excellence and authentic excellence and what role do values play in this distinction? What is necessary to move beyond fear-based excellence and why is it so hard? How do you train a deeper level of effectiveness that includes more consistent productivity, fulfillment and resilience?
Authentic Excellence for Organizations: Creating Flourishing "&" Cultures (Giving Voice to Values)
by R. Kelly Crace Charles J. Hardy Robert L. CraceAuthentic Excellence for Organizations explores organizational culture from a values-based perspective and applies the psychological principles of values-based flourishing to organizations. Integrating the principles of Giving Voice to Values (GVV) and Authentic Excellence (AX), this book provides a process that details how organizations can harness their team’s inherent wisdom to flourish through the relentless pace and pressure of today’s world. Moving beyond team-building strategies and programming, this book helps develop confidence in managing the tensions inherent in organizations. It explores: The difference between moral values and personal values; How both can be effectively expressed and managed in organizations; The possibilities of shifting from a fear-based culture of "Or" to an inclusive and values-centred culture of "&"; and How to practically create flourishing "&" cultures using the GVV model. How to create an organizational culture that effectively sustains "&s" like competitive & collaborative, productive & fulfilled, and innovation & tradition. This book is intended for organizational leaders, members, and HR managers looking to develop strong and thriving teams. It also aligns with required or recommended reading for secondary or undergraduate courses that explore values, leadership, organizational development and performance, decision making, ethics, and entrepreneurship.
Authentic Governance: Aligning Personal Governance with Corporate Governance (Management for Professionals)
by Hubert Rampersad Saleh HussainOver the past years, we have heard and read plenty about how executives should behave more responsibly in the light of corporate governance. Despite all these efforts, many implementations of corporate governance provide no protection from potentially catastrophic ethical failures. This book emphasizes the introduction of a new corporate governance blueprint for addressing these concerns in a more authentic, organic and holistic way. It is a roadmap toward a high-performance ethical culture. By way of this innovative system, Dr. Hubert Rampersad and Saleh Hussain, MBA, are launching a revolutionary concept that actively has human capital embedded in corporate governance in a manner that creates a stable basis for the personnel's trustworthiness, integrity, and engagement and ethical corporate excellence. Featuring numerous case examples and practical tools and exercises, this book will help the reader learn to: Develop, implement, and cultivate authentic personal governance and corporate governance effectively Create conditions for sustainable corporate governance Increase their personal effectiveness Develop their personal integrity effectively and become a better human being Develop ethical personal leadership Develop a highly engaged workforce, based on high ethical standards Create a high-performance culture and enhance the competitiveness of their organization Create conditions for an organizational climate marked by self-guidance, creativity, passion, and ethical behavior Develop a culture in which personal integrity and business ethics is a way of life
Authenticity: Interdisciplinary Perspectives from Philosophy, Psychology, and Psychiatry (Studien zur Interdisziplinären Anthropologie)
by Godehard Brüntrup Michael Reder Liselotte GierstlToday, authenticity is considered an essential part of manifold interpersonal relationships, actions, and agreements. Authenticity’s association with sincerity, honesty, and reliability not only normatively charges the term in the context of social coexistence, but also makes it a demand which we impose on ourselves: The success of our lives is measured decisively by whether we live in harmony with our own convictions, wishes and needs. In philosophy, authenticity has also become the focus of interest, both in the context of the mechanisms of self-knowledge, as well as of personal development.The anthology aims to expand the cooperation across disciplines, in order to develop a comprehensive and profound understanding of authenticity, not by over-simplifying the highly complex subject, but by approaching the underlying concept from different scientific perspectives.
Authenticity as an Ethical Ideal (Routledge Studies in Contemporary Philosophy)
by Somogy VargaAuthenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account the reciprocal shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self.