Melbourne Law School - Research Publications

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    Tribal Constitutionalism: States, Tribes, and the Governance of Membership
    Gover, K (Oxford University Press, 2011-01-01)

    In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen? The question is of practical and theoretical import. A large proportion of indigenous peoples in each state are not enrolled in a recognized tribe, and the majority of indigenous peoples do not live near their tribal territories. The book's empirical study challenges many of the assumptions used to model tribalism in theories of cultural pluralism, especially those that depict tribes as distinctively insular, ascriptive, and territorially-confined. The book shows that while they are descent-based groups, tribes also self-constitute relationally, by enrolling non-descendants in accordance with cultural and social criteria, and by recruiting from other indigenous communities. The book draws on tribal law and practice, political theory, legal doctrine, policy, and demographic data to critically assess the strategies used by tribes and states to manage the jurisdictional and ideological challenges of tribal membership governance.

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    Australian family law: The contemporary context
    FEHLBERG, B ; Behrens, J (Oxford University Press, 2008)
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    Science and risk regulation in international law
    Peel, J (Cambridge University Press, 2010-01-01)
    The regulation of risk is a preoccupation of contemporary global society and an increasingly important part of international law in areas ranging from environmental protection to international trade. This book examines a key aspect of international risk regulation - the way in which science and technical expertise are used in reaching decisions about how to assess and manage global risks. An interdisciplinary analysis is employed to illuminate how science has been used in international legal processes and global institutions such as the World Trade Organization. Case studies of risk regulation in international law are drawn from diverse fields including environmental treaty law, international trade law, food safety regulation and standard-setting, biosafety and chemicals regulation. The book also addresses the important question of the most appropriate balance between science and non-scientific inputs in different areas of international risk regulation.
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    Environmental Law: Scientific, Policy and Regulatory Dimensions
    Godden, L ; Peel, J (Oxford University Press, 2010)
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    Money and politics: The democracy we can't afford
    THAM, J (University of New South Wales Press, 2010)
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    Uniform Evidence
    GANS, J ; PALMER, A (Oxford University Press, 2010)
    Focused entirely on the uniform evidence legislations, this is an ideal text for all those studying evidence in the federal courts and in the courts of the Australian Capital Territory, Northern Territory, New South Wales, Tasmania and ...
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    Choosing the republic
    PATMORE, G (University of New South Wales Press, 2009)
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    The change of position defence
    BANT, E (Hart Publishing, 2009)
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    Death of labour law?: Comparative perspectives
    VRANKEN, M (Melbourne University Press, 2009)
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    Legal principles in WTO dispute
    Mitchell, AD (Cambridge University Press, 2008-01-01)
    Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.