Volume 31

Issues 2008
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General / Thematic: Forum 14(1): International Commercial Arbitration

April 2008

General

Articles:

Specialised Knowledge, the Exclusionary Discretions and Reliability: Reassessing Incriminating Expert Opinion Evidence

Gary Edmond


On the Use of Classical Allusions in Judgment Writing

Elwyn Elms


Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro)

Stathis Palassis


Julius Stone and the End of Sociological Jurisprudence: Articulating the Reasons for Decision in Political Communication Cases

Nicholas Aroney


Choice of Law: the Presumption in the Proof of Foreign Law

Anthony Gray


The Ethical Infrastructure of Legal Practice in Larger Law Firms: Values, Policy and Behaviour

Christine Parker, Adrian Evans, Linda Haller, Suzanne Le Mire and Reid Mortensen


One Hundred Years of Citation of Authority on the Supreme Court of New South Wales

Ingrid Nielsen and Russell Smyth


Review of High Court Constitutional Cases 2007

Anne Twomey


The High Court on Constitutional Law: the 2007 Statistics

Andrew Lynch and George Williams


Living Greatly in the Law [Speech]

Hal Wootten AC QC


Book reviews:

Innovations in Evidence and Proof: Integrating Theory, Research and Teaching: Paul Roberts and Mike Redmayne (eds)

Peter Cashman


Law and Liberty in the War on Terror: Andrew Lynch, Edwina MacDonald and George Williams (eds)

Christopher Michaelsen

General

Articles:

Editorial

Trina Ng


Foreword

The Hon J J Spigelman AC, Chief Justice of New South Wales


Current Trends in International Arbitral Practice as Reflected in the Revision of the UNCITRAL Arbitration Rules

Judith Levine


Arbitrating in the Age of Investment Treaty Disputes

L Yves Fortier


Arbitrating Options: Turning a Morass into a Panacea

Leon E Trakman


UNCITRAL Model Law: Missed Opportunities for Enhanced Uniformity

Fernando Mantilla-Serrano and John Adam


Application of the Lex Mercatoria in International Commercial Arbitration

Michael Pryles


Taking Evidence in Arbitration Proceedings between Common Law and Civil Law Traditions: the Development of a European Hybrid Standard of Arbitration Proceedings

Rolf Trittmann and Boris Kasolowsky


The Presumptive Approach to the Construction of Arbitration Agreements and Separability: English Law Post Fiona Trust and Australian Law Contrasted

Joachim Delaney and Katharina Lewis


Celebrating 50 Years of the New York Convention

Alex Baykitch and Lorraine Hui

Thematic: Australian Federalism

Jul 2008

Articles:

Foreword

Cheryl Saunders AO


Editorial

Luke Taylor


Beyond a Federal Structure: Is a Constitutional Commitment to a Federal Relationship Possible?

Andrew Lynch and George Williams


In Pursuit of the ‘Genuine Partnership’: Local Government and Federal Constitutional Reform in Australia

A J Brown


Regionalism – A Cure for Federal Ills?

Anne Twomey


The Council of Australian Governments: A New Institution of Governance for Australia’s Conditional Federalism

Geoff Anderson


Commonwealth Fiscal Power and Australian Federalism

Alan Fenna


Reform of the Commonwealth Grants Commission: It’s All in the Detail

Neil Warren


The Economics of Federalism and Federal Reform

Cliff Walsh


Australian Federalism: The Business Perspective

Kenneth Wiltshire AO


Processes for Reforming Australian Federalism

Brian Galligan

General / Thematic: Forum 14(2): Climate Change Law in Australia

Nov 2008

General

Articles:

Slavery and Constitutional Invalidity: Rethinking Kruger and Bray

Stephen Gray


Shareholder Class Actions in Australia – the Perfect Storm?

Michael Legg


The Harms and Wrongs of Stealing: the Harm Principle and Dishonesty in Theft

Alex Steel


Families and Intergenerational Transfers: Changing the Old Order?

Carolyn Sappideen


Whistleblower Laws: International Best Practice

Paul Latimer and A J Brown


Property Management Orders in the Mental Health Context: Protection or Empowerment?

Fleur Beaupert, Terry Carney, David Tait and Vivienne Topp


Australian Federalism: A Reply to the Thematic Issue [Speech]

The Hon Ian Callinan AC

Book reviews:

Varieties of Capitalism, Corporate Governance and Employees: Shelley Marshall, Richard Mitchell and Ian Ramsay (eds)

Juliette Overland


Thematic

Articles:

Editorial

Tamara Phillips


Foreword

The Hon Justice Brian J Preston, Chief Judge, Land and Environment Court of New South Wales


Carbon Markets and Policy in Australia: Recent Developments

Martijn Wilder and Louisa Fitz-Gerald


Aiming High: On Australian Emissions Reduction Targets

Peter Christoff


The Australian Carbon Pollution Reduction Scheme: What Role for Complementary Emissions Reduction Regulatory Measures?

Rosemary Lyster


Are our Laws Responding to the Challenges Posed to our Coasts by Climate Change?

Robert Ghanem, Kirsty Ruddock and Josie Walker


Legal Issues in Biosequestration: Carbon Sinks, Carbon Rights and Carbon Trading

Nicola Durrant


Drowning our Sorrows to Secure a Carbon Free Future? Some International Legal Considerations Relating to Sequestering Carbon by Fertilising the Oceans

Rosemary Rayfuse


Carbon Pollution Reduction Scheme: Impact on the Mining and Energy Industries

Grant Anderson


Climate Change and Human Rights: Issues and Opportunities for Indigenous Peoples

Emily Gerrard


Human Rights and Climate Change: A Tragedy in the Making

The Hon John von Doussa QC