Melbourne Law School - Research Publications

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    Principles of Contract Law
    PATERSON, J ; ROBERTSON, AJ ; HEFFEY, P (Lawbook Co, 2005)
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    Edward Eyre, race and colonial governance
    EVANS, J (Otago University Print, 2005)
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    Unjust Enrichment in Australia
    Edelman, J ; BANT, E (Oxford University Press, 2006)
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    Legal Reform and Administrative Detention Powers in China
    Biddulph, S (CAMBRIDGE UNIV PRESS, 2007)
    Using a conceptual framework, this 2007 book examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.
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    Borrowing Court Systems: The Experience of Socialist Vietnam
    NICHOLSON, P (Martinus Nijhoff Publishers, 2007)
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    International Refugee Law and Socio-Economic Rights: Refuge from Deprivation
    Foster, M (Cambridge University Press, 2007)
    A range of emerging refugee claims is beginning to challenge the boundaries of the Refugee Convention regime and question traditional distinctions between 'economic migrants' and 'political refugees'. This book, first published in 2007, identifies the conceptual and analytical challenges presented by claims based on socio-economic deprivation, and undertakes an assessment of the extent to which these challenges may be overcome by a creative interpretation of the Refugee Convention, consistent with correct principles of international treaty interpretation. The central argument is that, notwithstanding the dichotomy between 'economic migrants' and 'political refugees', the Refugee Convention is capable of accommodating a more complex analysis which recognizes that many claims based on socio-economic deprivation are indeed properly considered within the purview of the Refugee Convention. This, the first book to consider these issues, will be of great interest to refugee law scholars, advocates, decision-makers and non-governmental organizations.
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    Cultural Products and the World Trade Organization
    Voon, T (CAMBRIDGE UNIV PRESS, 2007)
    Debate about trade and culture has a long history, but the application of WTO rules to cultural products such as films, radio, and books remains one of the most divisive issues in the organization. After assessing the economic and social arguments for treating cultural products differently from things like steel or wheat, this 2007 book explains how the vastly different views of WTO members in earlier negotiations led to an outcome that is disappointing for all. It goes on to provide a comprehensive evaluation of possible solutions, including evolution of the law through WTO dispute settlement, an agreement outside the WTO, and reforms to improve the balance between trade liberalization and cultural policy objectives.