PeoPLe, PoLicieS And PLebiSciteS: reforming the conStitution

Cover image: Autumn Trees, 1911, Schiele, Egon (1890–1918) /
The Private Collection / The Bridgeman Art Library.
Series cover design by Zoe Naylor.
International lawyers typically start with the legal. What is a legal as opposed to a
political question? How should international law adapt to the unforeseen? These
are the routes by which international lawyers typically reason. This book begins,
instead, with the non-legal. In a series of case studies, Fleur Johns examines what
international lawyers cast outside or against law – as extra-legal, illegal, pre-legal
or otherwise non-legal – and how this comes to shape political possibility. Nonlegality
is not merely the remainder of regulatory action. It is a key structuring
device of contemporary global order. Constructions of non-legality are pivotal
to debate in areas ranging from torture to foreign investment, and from climate
change to natural disaster relief. Understandings of non-legality inform what
international lawyers today do and what they refrain from doing. Tracing and
potentially reimagining the non-legal in international legal work is, accordingly,
both vital and pressing.
Fleur Johns is an associate professor at the Sydney Law School, University of
Sydney, and Co-Director of the Sydney Centre for International Law.
‘Beautifully written and full of sparkling examples, this book reconfigures the
landscape of international legal thought in profound and irrevocable ways.’
Susan Marks, Professor of International Law, London School of Economics and Political Science
‘This magisterial book points the way toward a new future for international legal
studies. Erudite yet original, bold yet meticulously defended, this is a text that is both
critical and hopeful, in the highest sense of both terms.’
Annelise Riles, Jack G. Clarke Professor of Law in Far East Legal Studies and Professor of
Anthropology at Cornell Law School, and Director of the Clarke Program in East Asian Law and
Culture
‘An outstandingly rich, nuanced and well written critical treatment of the way in
which international law’s treatment of conditions as marginal plays a significant
role in the understanding and structuring of such conditions.’
Ralph Wilde, Reader in Law, University College London
Everett and McCrackens Banking cover_final.indd 1
Everett and McCracken’s Banking and Financial Institutions Law
8th Edition follows the earlier editions in providing a comprehensive
legal analysis of the Australian financial sector. Over the past twentyfive
years this work has chronicled the legal development of the
sector, offering broad coverage of the legal concepts and principles
which typically arise in banking and financing transactions.
This edition opens with a detailed examination of the regulatory
framework, which is marked by a diversity of regulators and a multiplicity
of regulatory regimes. It then advances a general framework for analysing
financing transactions, building on contractual and property law
concepts and focusing on complexities arising from the role of financial
institutions and the intricate and specialised nature of their business
and the financial assets with which they deal. This discussion is followed
by a close analysis of the operation of payment instruments as well as
modes of taking security. It concludes by considering common financing
structures such as syndication, securitisation and subordination.
This edition introduces new chapters devoted to the recently implemented
federal personal property securities regime and to the allocation of
risk between financial institutions and their clients. It also reworks and
significantly extends chapters on regulators and regulation. All other
chapters have been reviewed and updated. Part Overviews, which seek
to place the legal analysis in context and to enable the principal legal
issues to be readily grasped, have also been updated throughout.
© 2013 Thomson Reuters (Professional) Australia Limited
ABN 64 058 914 668
For further information visit: www.thomsonreuters.com.au
Proudly Printed in Australia
Material: 30161357
165mm wide
ISBN: 978-0-455-230535
spine 33mm
165mm wide
Cover design Wide open Media
Emerging from the scientific parameters underpinning REDD+ (including the
measurement of carbon stocks, reporting and verification), Law, Tropical Forests
and Carbon considers the crucial challenges for global and national governance
and the legal rights and interests of indigenous people and local communities, all
of which have fundamental implications for development and poverty alleviation.
With contributions from leading experts in the fields of law, governance, science,
development studies and geography, it sheds light on the complexity of REDD+
and offers perspectives on the extent to which REDD+ agreements can be enforced
under international law and in concert with new private and public domestic
institutions.
Rosemary Lyster is the inaugural Professor of Climate and Environmental Law at
Sydney Law School, The University of Sydney, where she is also the Director of the
Australian Centre for Climate and Environmental Law.
Catherine MacKenzie is a Fellow of Selwyn College and University Lecturer in Law
at the University of Cambridge. She is also a Research Associate at the University of
Oxford and a Barrister and Academic Fellow of Inner Temple.
Constance McDermott is a James Martin Senior Fellow at the University of Oxford.
She is also Chair of the Forest Governance Group of the Oxford Centre for Tropical
Forests and a Research Fellow at Green Templeton College.
Cover image: the montane forest surrounding these
volcanic hotsprings on the slopes of Mount Gede in
West Java, Indonesia, is protected by the Gunung
Gede Pangrango National Park, which is only 100
kilometres from the national capital of Jakarta.
Photograph by Richard Geddes.
Cover designed by Hart McLeod Ltd
12/02/2013 8:16:17 AM
ISBN 978-1-86287-882-2
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My rationale for studying law was
simple. I needed to be in the
Sydney University Law Revue.
Trying to explain ‘revue’ to the noninitiated
is difficult. Until you have seen it,
you cannot truly understand it. This year’s
show, Love, Contractually, was directed
by the incredible Sam Farrell and Anthea
Burton, and produced by the ridiculously
competent Tori Grimshaw and Emily
Hartman. In line with tradition, the show
was entirely devised by the students who
make up the cast, crew and band.
We were spoilt by the calibre of the acting.
We had not one, but three Julia Gillard
impersonators. The quality of the scriptwriting
led me to conclude that someone in our cast
actually was Stephen Fry. While ‘We Need
to Talk about Devon’ did not make the final
cut, ‘Snakes on a Plaintiff’ staked its claim as
Highfalutin Pun of the Year.
I co-choreographed the show, which
included the jovial number ‘Pyong-Yang’. Sung
to the tune of Ricky Martin’s ‘She Bangs’, the
lyrics unveiled the truth about the rogue state
of North Korea: ‘yeah it looks like a famine,
but it’s really a rave, still going strong after six
decades’. Entertaining and informative.
Even though at times a little less then
pitch-perfect, Love, Contractually was
undoubtedly the best thing I have been a
part of this year. My countdown to the
next show is already underway.
All photography by Hanna Kim Hong.
CAMBRIDGE general editors
James Crawford University of Cambridge
STUDIES IN
Non-Legality in John International
S. Bell University of Cambridge
INTERNATIONAL
AND
COMPARATIVE
Law: Unruly Law LAW
9781107014015 JOHNS – NON-LegaLity iN iNterNatiONaL Law C M y K
Fleur Johns
Cambridge University Press
Hardback
277 pages
9781107014015
AU RRP $157.99
Contemporary Challenges in
Regulating Global Crises
Johns
Mark Findlay
Palgrave Macmillan
Hardback
360 pages
9781137009104
AU RRP $150.00
Non-Legality in International Law
CAMBRIDGE
STUDIES IN
INTERNATIONAL
AND
COMPARATIVE
LAW
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EVERETT AND McCRACKEN’S
BANKING AND FINANCIAL INSTITUTIONS LAW
McCRACKEN BIRD STUMBLES TOLHURST
EIGHTH
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This excellent book should make
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Consumer Law and Policy in
examines all the important recent
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Journal of Industrial Relations
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Australia New its Zealand
concise approach and clear
additional remedies for discrimination
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Justin Malbon
is a new chapter on the phenomenon of
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EVERETT AND McCRACKEN’S
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Sheelagh McCracken, Joanna Bird,
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Ethos
This publication is of
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Tasmanian Law Society Newsletter
An excellent guide to
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An indispensable handbook
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