Centre for Resources, Energy and Environmental Law (CREEL)

Annual Report

2018

Page 1 of 36 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report

Contents

Director’s Report ...... 3

About CREEL ...... 4

Purposes and Objectives ...... 4

Centre Directors ...... 5

Centre Faculty Members ...... 9

CREEL Advisory Board Members ...... 13

Research ...... 14

Events ...... 16

Publications ...... 22

Higher Degree Continuing Students ...... 28

Higher Degree Completions ...... 29

Grants and Awards ...... 30

Teaching Program ...... 33

Master of Environmental Law ...... 33

Master of Energy and Resources Law...... 33

JD and Breadth Subjects ...... 35

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 2 of 36 Director’s Report

2018 was another busy but productive year for the Centre for Resources, Energy and Environmental Law (CREEL). Academic staff continued to build upon their strong trajectory in teaching and research, expanding the international reach of the CREEL teaching program, as well as attracting significant research funding. CREEL’s research has continued its international profile in areas such as resources law and environmental law but also moved in new directions with work on food regulation (Christine Parker), taxation and social policy (Miranda Stewart) and jurisprudential analysis linked to environmental themes and Indigenous peoples’ law (Shaun McVeigh, Olivia Barr and Kathleen Birrell) as well as Indigenous law and human rights (Kirsty Gover). There is also a long-standing engagement with postcolonial scholarship; and I am pleased to note the ongoing collaboration with the Institute for International Law and Humanities with Sundhya Pahuja’s engagement across both centres. It is also wonderful to celebrate the fact that many of the CREEL academic staff are former PhD students or previously held a research position with CREEL.

While there were many staff publications and achievements, I would just like to mention, CREEL’s strong profile in water law with a growing body of research work by Rebecca Nelson and Erin O’Donnell. CREEL would also like to congratulate Margaret Young and Hilary Charlesworth on their Australian Research Council Discovery project - The potential and limits of international adjudication and to Shaun McVeigh as part of a successful team Discovery project, led by RMIT on Indigenous leaders: lawful relations, from encounter to treaty. I also note the ongoing work under existing ARC projects for Jackie Peel and Christine Parker. Kirsty Gover has a collaborative project with the Swedish Research Council. Jackie Peel and Hari Osofsky were the recipients of the prestigious Morrison prize for the article, Energy Partisanship. Staff also contributed to many conferences, workshops and seminars in 2018. CREEL continued its strong links with University of Melbourne researchers in the energy, resources and environmental fields. CREEL staff and students are involved in Energy Transition Hub and a range of other University wide-research initiatives. I would like to thank CREEL Co-directors Jackie Peel and Michael Crommelin and the support that was provided to CREEL from many Law School professional staff, and in particular the Office for Research and the centre administrator Cindy Halliwell.

Professor Lee Godden Melbourne Law School

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 3 of 36 About CREEL

The Centre for Resources, Energy and Environmental Law (CREEL) is a long-standing research centre at the Melbourne Law School; established in 1986. Until 1996 it was known as the Centre for Natural Resources Law, and the teaching program was focused on laws relating to mining, petroleum and water resources; the legal structure and financing of major resources projects; and some aspects of environmental regulation. In 1996 substantial changes were made to extend the program. In 2008, the LLM teaching program was re-structured, and the Master of Environmental Law and the Master of Energy and Resources Law courses were developed. The CREEL teaching program has continued to add new subjects to these courses over the last decade. Many of the subjects are highly relevant to international students as well as Australian students. The increased scope of the graduate teaching program is reflected in CREEL’s research, publishing, seminars and related activities.

Purposes and Objectives

CREEL aims to promote research, teaching and publication on the legal, regulatory and policy frameworks that engage with: • the production and distribution of energy, including consideration of climate change law and regulation; • the sustainable development of natural resources; • the protection of the environment and the promotion of ecologically sustainable development; • the provision of infrastructure in urban areas and infrastructure associated with energy and resource development; • the recognition and protection of Indigenous peoples’ rights and interests in land and resources.

CREEL staff seek to engage in these activities with respect to contemporary developments and issues in Australia, Asia/Pacific and other selected regions; to extend the Law School’s specialised collection of research and teaching materials relating to energy, natural resources, environmental law and native title and to strengthen existing links and establish new links with other centres in Australia and overseas engaged in equivalent activities. CREEL seeks to encourage professionals from industry, investment institutions, government and universities in Australia and overseas to participate in the Centre’s activities.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 4 of 36

Centre Directors

Professor Lee Godden, Director Professor Lee Godden is the Director, Centre for Resources, Energy and Environmental Law at Melbourne Law School, The University of Melbourne. She is a leading expert in environmental law, (with specialist expertise in water law, and energy law). She participated in the Australian Panel of Experts in Environmental Law, 2015-17, a group of prominent legal academics and policy makers who developed a series of working papers on, ‘New Generation’ environmental law reforms to meet looming sustainability challenges. Professor Godden also has been at the forefront in researching how governance transitions in areas such as environmental law can secure more robust Indigenous participation in order to redress the historical and contemporary disadvantage of Indigenous communities. She wide experience in law reform and public policy in native title. From 2013-15, her leadership of the Australian Law Reform Commission’s review of the Native Title Act 1993 (C’th) was the culmination of a decade of research and policy development within the University of Melbourne, Agreements, Treaties and Negotiated Settlements project group. Building on this platform, she was one of 3 researchers who led the legal and policy component of the Cultural Flows project for the National Native Title Council in 2018. Her scholarship on the interaction of colonial law, environmental law and Indigenous law has challenged conventions and broken new ground as recognized by a University of Melbourne Knowledge Transfer Award and a prestigious book award from the American Society of International Law (2018). Over her academic career, Professor Godden has secured competitive external project funding of over $3,000,000 AUD. She has conducted comparative legal scholarship on environmental law, water law and Indigenous rights, land tenure and related resource and planning law developments in USA, Canada, Chile, Vanuatu, Malaysia, Indonesia, New Guinea, New Zealand, and South Africa. She has authored several highly regarded publications, including 11 monographs and edited collections, 30+ book chapters, 40+ peer- reviewed journal articles and over 50 reports and conference papers. She has initiated a range of working papers and policy briefings with government and communities. She has contributed much to public debate and civic engagement with a long record of public submissions. She has appeared before Federal Senate Committees, as well as making submissions to state agencies charged with law and policy reform. She has co-produced significant reports with government departments and agencies on climate change adaptation and contributed law reform strategies to community and NGO groups. She has sought to raise the profile of academic research in policy settings, co-convening an Australia-wide water governance research network to raise the national profile of social science research in Australia’s fraught water policy. Prof. Godden has served on international advisory boards.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 5 of 36

Professor Michael Crommelin AO, Associate Director

Michael Crommelin is Zelman Cowen Professor of Law and Director of Studies, Energy and Resources Law in the Melbourne Law School at the University of Melbourne. He holds the degrees of B.A and LL.B. (Hons.) from the University of Queensland, and LL.M. and Ph.D. from the University of British Columbia. He was Dean of the Melbourne Law School from 1989 to 2002, from 2003 until 2007, and in 2010.

He has held several visiting academic appointments as Walter Owen Visiting Professor in the Faculty of Law at the University of British Columbia in 1987, Group of Eight Visiting Professor of Australian Studies in the Edmund A. Walsh School of Foreign Service, Georgetown University in 2002-3, Visiting Professor in the School of Law at the University of Virginia in 2008, Visiting Professor in l’Institut de droit comparé at l’Université Panthéon-Assas Paris II in 2009, and Visiting Professor in the Peter A Allard School of Law at the University of British Columbia in 2017.

He was admitted as an Australian lawyer in 1969, has been a member of the American Law Institute since 1998, and was elected a fellow of the Australian Academy of Law in 2010. He has served on committees of legal professional bodies including the Council of the Section on Energy and Resources Law of the International Bar Association and the Resources, Energy and Environment Law Committee of the Law Council of Australia. In 1976 he was a foundation member of AMPLA, a not-for-profit professional organisation for energy and resources lawyers, was its president in 1985-6, and is now a life member.

His teaching and research interests are in constitutional law, mineral law and petroleum law. He teaches several courses in the Melbourne JD and the Melbourne Law Masters programs including Constitutional Law (JD), Mineral and Petroleum Law (MLM) and Resources Joint Ventures (MLM).

In 2009 he was appointed an Officer in the General Division of the Order of Australia for service to the law and legal education.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 6 of 36

Professor Jacqueline Peel, Associate Director Professor Jacqueline Peel is a leading, internationally-recognised expert in the field of environmental and climate change law. Her scholarship on these topics encompasses international, transnational and national dimensions, as well as interdisciplinary aspects of the law/science relationship in the environmental field and risk regulation. Professor Peel is the author or co-author of several books and numerous articles on these topics. Her books on these topics include The Role of International Environmental Law in Disaster Risk Reduction (ed with D. Fisher, Brill, 2016); Climate Change Litigation: Regulatory Pathways to Cleaner Energy (with H. Osofsky, 2015, CUP); Australian Climate Law in a Global Context (CUP, Melbourne, 2013 with A. Zahar and L. Godden); Principles of International Environmental Law (3rd ed, CUP, UK, 2012, and 4th edn, 2018, with P. Sands ); Environmental Law: Scientific, Policy and Regulatory Dimensions (OUP, 2010, with L Godden and 2nd ed forthcoming with L. Godden and J. McDonald); Science and Risk Regulation in International Law (CUP, UK, 2010) and The Precautionary Principle in Practice (Federation Press, 2005).

Professor Peel has been an active contributor to public policy formulation on climate change and environmental issues at the national and international level through her work on bodies such as the International Law Association's Committee on Legal Principles Relating to Climate Change, the International Bar Association's Working Group on a Model Statute for Climate Change Relief and the Australian Panel of Experts in Environmental Law. From 2019-2021, Professor Peel will serve as a Lead Author in WGIII of the Inter-Governmental Panel on Climate Change for its 6th Assessment Report. In addition to these roles, Professor Peel has served on the Membership Committee of the American Society of International Law and as co-chair of its International Environmental Law interest group (2014-2017), is a Fellow of the Australian Academy of Social Sciences and a Council Member of the Australia New Zealand Society of International Law. She is a member of the Editorial Board for Climate Law, Transnational Environmental Law, the Yearbook on International Disaster Law, the European Journal of Risk Regulation and the Environmental and Planning Law Journal.

Professor Peel's research has attracted competitive funding from various organisations, including the Australian Research Council (ARC), VCCCAR and the United States Studies Centre. In the field of climate change law, Professor Peel has held several ARC grants: to examine the regulatory framework for responding to climate change in Australia (2009-2011 with L. Godden and R. Keenan); on the role of climate change litigation in transitioning to a clean energy future (2012-2017, with H. Osofsky); and on legal mechanisms for promoting corporate energy transition (2016-2019, with H. Osofsky and B. McDonnell). Professor Peel has also been a Visiting Scholar at the Berkeley Law School's Centre for Law, Energy and Environment (UC Berkeley, California) and also at Stanford Water in the West, Stanford University (2012-2015). Together with Dean Osofsky, Professor Peel provides evaluation and research consultancy services to the UK-based Children's Investment Fund Foundation for their grants on strategic climate change litigation.

Professor Peel has received several prestigious awards such as a Fulbright Scholarship, NYU Hauser Scholarship and the Morrison Prize 2018 for her award-winning article with Dean Hari Osofsky (Penn State)

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 7 of 36 on "Energy Partisanship". She is regularly invited to take part in expert panels at conferences and to deliver keynote addresses, such as the 2016 Mahla Pearlman Oration in Environmental Law. In 2021, Professor Peel will direct a program on ‘Climate Change and International Law’ at the Centre for Research and Studies at the Hague Academy of International Law. Professor Peel takes an active interest in fostering early career researchers in her field, including her PhD students. In 2017 she co-founded (with Dean Osofsky) the Women's Energy and Climate Law Network with the aim of fostering greater involvement of women in areas of energy and climate law-related scholarship and practice.

Professor Peel holds the degrees of Bachelor of Science and Bachelor of Laws (Hon I) from the University of Queensland, a Master of Laws from New York University where she was a Fulbright scholar, and a PhD from the University of Melbourne. In 2003-2004, Professor Peel returned to NYU Law School as a Hauser Research Scholar and Emile Noel Fellow. Prior to her appointment at Melbourne, Jacqueline completed an internship at the United Nations International Law Commission, working with Professor James Crawford on the UN International Law Commission's State Responsibility articles. From 1997 to 1999 she practised environmental and planning law at the national law firm of Allens Arthur Robinson.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 8 of 36 Centre Faculty Members Professor Sundhya Pahuja Sundhya Pahuja is the Director of Melbourne Law School's Institute for International Law and the Humanities (IILAH). Her research focuses on the history, theory and practice of international law in both its political and economic dimensions. She has interests in international law and the relationship between North and South, and the practice, and praxis, of development and international law. Sundhya has been awarded the American Society of International Law Certificate of Merit (2012), the Woodward Medal for Excellence in the Humanities and Social Sciences (2014) and a Fulbright Senior Scholar award which she took up in 2016 at the Institute for Global Law and Policy at Harvard Law School. In 2017, Sundhya holds a fellowship at the Stellenbosch Institute for Advanced Studies (STIAS) in South Africa. Sundhya has been invited to give the 2018 Lauterpacht Lectures at the University of Cambridge. Responsibilities: Director, IILAH; Director of Studies, International Law; Director of Studies, Law and Development; Co-Director of Studies, Public and International Law.

Professor Christine Parker Professor Christine Parker joined Melbourne Law School again in February 2016 after several years away. She has previously held positions at Griffith University, University of New South Wales, the Australian National University and Monash University. She holds a BA (Hons) and LLB (Hons) from The University of Queensland and a PhD from the Australian National University. Professor Parker has written, researched and consulted widely on how and why business comply with legal, social and environmental responsibilities, what difference regulatory enforcement makes and how businesses can work with lawyers and compliance professionals to build internal corporate social responsibility systems that work. Her work has been published in academic journals and used in policy making and enforcement strategy. Her books include The Open Corporation (2002) on corporate social responsibility, business compliance systems and democratic accountability of companies; and Explaining Compliance (2011, with Vibeke Nielsen), an edited collection of the leading practice and policy oriented empirical research on how and why businesses do and do not comply with the law.

Professor Miranda Stewart Miranda is Professor at the Law School and is a Fellow at the Tax and Transfer Policy Institute at the Crawford School of Public Policy, The Australian National University. Miranda was the inaugural Director of the Institute from 2014 to 2017. Miranda has more than 25 years experience in tax law and policy in academia, government and the private sector, across a wide range of topics, including taxation of large and small business entities, not-for-profits and individuals; international taxation and the role of tax in development; reform processes and budget institutions; and gender equality in tax and transfer systems. Miranda has an enduring interest in the resilience, legitimacy and fairness of tax systems to support good government. Miranda is a co-editor and author of several books, including Tax, Social Policy and Gender (ANU Press, 2017); Income Taxation Commentary and Materials (with Graeme Cooper, Michael Dirkis and Richard Vann, Thomson Reuters, 8th ed., 2017); Death and Taxes (with Michael Flynn, Thomson Reuters, 6th ed., 2014), Sham Transactions (with Edwin Simpson, Oxford University Press, 2013), Tax, Law and Development (with Yariv Brauner, Edward Elgar, 2013), and Housing and Tax Policy (Australian Tax Research Foundation, 2010). Responsibilities: Director, Tax Studies and the Tax Group

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 9 of 36 Professor Kirsty Gover Kirsty Gover’s research addresses the law, policy and political theory of Indigenous rights. Dr Gover is the author of Tribal Constitutionalism: States, Tribes and the Governance of Membership (Oxford University Press, 2010) and is working on a book entitled When Tribalism Meets Liberalism: Political Theory and International Law (Oxford University Press), examining the ways in which Indigenous self- governance influences the development of international law and international legal theory by altering the behaviour of settler states. Dr Gover is a graduate of the New York University JSD Doctoral Program, where she was an Institute for International Law and Justice Graduate Scholar and New Zealand Top Achiever Doctoral Fellow. Memberships and Affiliations: Law and Society Association; Australia and New Zealand Society of International Law. Responsibilities: Associate Dean (Indigenous Recognition)

Professor Shaun McVeigh Shaun McVeigh joined the law school at Melbourne University in 2007. He previously researched and taught at Griffith University in Queensland as well as Keele and Middlesex Universities in the United Kingdom. He has a long time association with critical legal studies in Australia and the UK. More recently he has been involved in convening a symposium "Of the South" that develops an account of lawful existence within the South. Shaun McVeigh has research interests in the fields of jurisprudence, health care, and legal ethics. His current research projects centre around three themes associated with refreshing a jurisprudence of jurisdiction: the development of accounts of a 'lawful' South; the importance of a civil prudence to thinking about the conduct of law (and lawyers); and, the continuing need to take account of the colonial legal inheritance of Australia and Britain.

Professor Margaret Young Professor Margaret Young is the author of Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011), which was awarded the International Union for Conservation of Nature (IUCN) Academy of Environmental Law Junior Scholar Prize in 2012. Her edited collection Regime Interaction in International Law: Facing Fragmentation (Cambridge University Press, 2012) includes contributions from leading international, comparative and constitutional law scholars and is based on the conference she convened at the University of Cambridge in 2009 on Regime Interaction in International Law: Theoretical and Practical Challenges. Dr Young holds a PhD and an LLM from the University of Cambridge and a BA/LLB (Hons) from the University of Melbourne and has been a Visiting Scholar at Columbia Law School. She has worked at the World Trade Organisation (Appellate Body Secretariat) and the United Nations International Law Commission and is a former associate to the Chief Justice of the Federal Court of Australia. In 2016, Margaret’s was awarded the research excellence prize, the Woodward Medal for her book Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011). In 2018, Margaret was elected as Department of Foreign Affairs and Trade (DFAT) Visiting Legal Fellow for 2019-2020. Memberships and Affiliations: Assistant Editor, British Year Book of International Law; Editorial Board of Journal of Environmental Law; Member of the Society of International Economic Law, the American Society of International Law and the Australian and New Zealand Society of International Law (ANZSIL). Responsibilities: Law School Research Committee; Coordinator, MLS Judge in Residence Program. Director of Studies, Environmental Law; Co-Director of Studies, Dispute Resolution, Melbourne Law Masters.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 10 of 36 Dr Olivia Barr Olivia Barr joined the Law School as a Senior Lecturer in February 2016. She completed her LLB (Distinction) and BA (Anthropology and Philosophy) at the University of Western Australia, an LLM at the University of British Columbia, and a PhD at Melbourne Law School. She has also worked as a government solicitor, in law reform, and for the United Nations Permanent Forum on Indigenous Issues. With Dr Karen Crawley (Griffith University), she is the Managing Editor of the Australian Feminist Law Journal: A Critical Legal Journal. Olivia writes in jurisprudence, and her cross-disciplinary work engages with geography, anthropology, philosophy, architecture and contemporary public art practices. Her current research concerns questions of lawful place, and argues for greater attention to the place-making practices of law. Memberships and Affiliations: Managing Editor, Australian Feminist Law Journal Law; Literature and the Humanities Association of Australasia; Urban Environments Research Network, University of Melbourne; Research Unit in Public Cultures, University of Melbourne, Centre for Resources, Environment and Energy Law, Melbourne Law School; ‘Space, Place, Country’, Sydney College of the Arts, University of Sydney.

Dr Kathleen Birrell Kathleen Birrell is a McKenzie Postdoctoral Fellow at Melbourne Law School. She also holds a PhD from Birbeck, the University of London and a BA and LLB from the University of Melbourne. Her research is strongly interdisciplinary, engaging with critical approaches to property law, native title, environmental and climate change law, human rights law and intersections between Indigenous peoples and the law, as well as critical legal theory, philosophy of law, sociolegal studies and law and literature. Her postdoctoral project investigates intersections between the global imperatives of international climate change initiatives and associated legal frameworks and their domestic implementation, international human rights, and the narratives of Indigenous communities. Dr Birrell is author of Indigeneity: Before and Beyond the Law (Routledge, 2016). Memberships and Affiliations: Committee member of the Law, Literature and the Humanities Association of Australasia; Global Network for the Study of Human Rights and the Environment.

Dr Erin O’Donnell Erin is a water law and policy specialist, focusing on water markets, environmental flows, and water governance. She has worked in water resource management since 2002, in both the private and public sectors. Erin is recognized internationally for her research into the groundbreaking new field of legal rights for rivers, and the challenges and opportunities these new rights create for protecting the multiple social, cultural and natural values of rivers. Her work is informed by comparative analysis across Australia, New Zealand, the USA, India, Colombia, and Chile. Erin’s latest book, Legal Rights for Rivers: Competition, Collaboration, and Water Governance, is available now from Routledge. Erin’s PhD examined the role of environmental water managers in Australia and the USA in delivering efficient, effective and legitimate environmental water outcomes in the context of transferable water rights and water markets. Erin has recently completed a consultancy for The World Bank, on water markets and their role in water security and sustainable development. In 2018, Erin was appointed to the inaugural Birrarung Council, the voice of the Yarra River.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 11 of 36 Dr Brad Jessup Brad Jessup is a human geographer and an environmental law specialist. Brad’s work crosses disciplines in the legal geography tradition. He draws on political theories, his knowledge of environmental law processes and case study examples of law in society. Brad is especially interested in the law of place, perceptions and discourses of law, and the human and environmental experience of harm and the role of the law. He is the co-author with Professor Kim Rubenstein of the edited collection Environmental Discourses in Public and International Law published by Cambridge University Press in 2012 and an editor of the Melbourne Law School High Court blog. Brad is a graduate of Monash University and Cambridge University and a former practitioner with five years’ experience. He has been a visiting scholar at the University of California, Berkeley in the United States and North-West University – Potcherstroom in South Africa. Brad’s principal research area is environmental justice and the exploration of environmental legal conflict. He also has research expertise in Vietnamese environmental laws, environmental rights, planning and risk, sustainability sharing and the city, and marine protected areas.

Dr Rebecca Nelson Rebecca Nelson is a Fellow (Non-Resident) of the Stanford Woods Institute for the Environment and a Senior Fellow of the Melbourne Law School, where she teaches water law. Her research focuses on natural resources law and policy in Australia and the United States, with an emphasis on empirical research and practical solutions. From 2010-2014, she led the Comparative Groundwater Law and Policy Program, a collaborative initiative between Water in the West at Stanford University and the United States Studies Centre at the University of Sydney. Dr Nelson formerly worked as a lawyer at the Murray-Darling Basin Authority and in private practice in Australia. In 2014 she was named the Law Council of Australia's Young Environmental Lawyer of the Year for her contribution to water law and environmental law. Dr Nelson also acts as a Director of Bush Heritage Australia (a private conservation organization), and an independent water lawyer and policy consultant. She holds a Doctor of the Science of Law from Stanford University, where her dissertation focused on empirically assessing regulatory arrangements for protecting surface water and ecosystems from the impacts of pumping groundwater. She also holds a Masters in Law (Stanford) and Bachelor of Engineering (Environmental) and Bachelor of Laws (University of Melbourne). Affiliations related to CREEL: Director of the Board, Bush Heritage Australia, and member of the Science and Conservation Committee, and Finance, Audit and Risk Committees.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 12 of 36 CREEL Advisory Board Members

Associate Professor Pieter Badenhorst (Deakin University) Pieter Badenhorst teaches land law and property at Deakin University. He was previously Professor of Law at the Nelson Mandela Metropolitan University in Port Elizabeth, South Africa.

Elisa De Wit (Norton Rose) Elisa de Wit is a partner in the Melbourne office of Norton Rose, a leading international law firm. She leads the environment group of the Melbourne office and heads the Australian climate change practice.

Professor Roz Hansen (Roz Hansen Consulting) Roz Hansen is Director of Roz Hansen Consulting. As an urban and regional planner with more than 30 years of experience, Roz has engaged in a diverse range of projects in Australia and overseas. Formerly, she was a managing director at Hansen Partnership between 1997 and 2011.

Ian Havercroft (The Global CCS Institute) Ian Havercroft is the Senior Consultant – Legal and Regulatory at the Global CCS Institute, in Melbourne, Australia. Ian had acted as an expert reviewer/adviser to several organisations on CCS law and regulation (eg. the International Energy Agency). Formerly, he was an Honorary Visiting Senior Research Fellow at University College London’s Faculty of Laws between 2011 and 2017.

Professor Ray Ison (Open University, UK) As Professor of Systems (UK Open University; 1994 - present) Ray developed new teaching programs in Environmental Decision Making, Systems Thinking in Practice, Information Systems and an undergraduate Diploma in Systems Practice). He has completed a series of major social learning projects and systems practices research since 2002; including research applying social learning to implementation of the European Water Framework Directive. His current research includes applying systems thinking to climate change.

Sam Johnston (Senior Fellow, University of Melbourne) Sam Johnston was a Senior Research Fellow at the United Nations University Institute of Advanced Studies - a policy think tank for the United Nations based in Japan. Johnston has degrees in chemistry and law and is a qualified lawyer in the Supreme Court of Victoria, Australia. His research interests include International Environmental Law, Governance of International Spaces, International Regulation of Biotechnology, Law of the Sea and Antarctica.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 13 of 36 Research Projects

Transition to a clean energy future: the role of climate litigation Background Climate change is an urgent environmental problem requiring a rapid transition to sources of clean energy. Yet governments - both nationally and internationally - have moved only slowly and timidly to put in place the necessary long-term regulatory steps to reduce greenhouse gas emissions. In this setting environmental advocates have looked increasingly to courts, mounting ambitious climate litigation in an effort to block fossil fuel use and force consideration of climate change impacts in planning decisions. This innovative project analysed the capacity of climate litigation in key fossil-fuel producing countries, Australia and the US, to influence regulation so contributing to putting these nations on the path to a clean energy future. This project was funded by the Australian Research Council Discovery Project (DP 130100500) between 2013-2018.

Researchers Professor Jacqueline Peel, Melbourne Law School, Chief Investigator Professor Hari Osofsky, Dean, Penn State Law and School of International Affairs, Partner Investigator

Publications Peel, J, Osofsky, H, Foerster, A, (2018), Shaping the ‘next generation’ of climate change litigation in Australia, Melbourne University Law Review, Vol 41

Corporate Energy Transition Background Funded by an Australian Research Council Discovery Project grant (DP160100255) for 2016-2019, this project explores how corporate and securities law mechanisms can be used to incentivise private sector transition to clean energy sources and business practices. There is considerable scope for the private sector to contribute to cutting greenhouse gas emissions and transitioning energy systems to low-carbon, clean energy sources so as to avoid catastrophic climate change impacts on Australian businesses, communities and the environment. There is also increasing recognition by Australian companies across all sectors of the importance of managing risks associated with climate change. This project evaluates how existing corporate law tools (such as reporting and disclosure requirements, shareholder actions and director’s duties) can and are being used to motivate companies to adopt clean energy practices; and whether there are options for law and governance reforms to promote greater uptake.

Researchers Professor Jacqueline Peel, Melbourne Law School, Chief Investigator Professor Hari Osofsky, Dean, Penn State Law and School of International Affairs, Partner Investigator Professor Brett McDonnell, University of Minnesota Law School, Partner Investigator Dr Anita Foerster, Melbourne Law School, Senior Research Associate

Presentations Global Trends in Climate Change Litigation Presented by Professor Jacqueline Peel at Expert Panel on Super Funds, Climate and the Law, Melbourne, 22 August 2018

Implementing the Paris Agreement: The Role of Business Presented by Professor Jacqueline Peel at the Australian and New Zealand Society of International Law conference, Wellington, 5-7 July 2018

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 14 of 36 Disclosing and Managing Physical Risk – a new driver for private sector adaptation? NCCARF Climate Adaptation 2018, Melbourne, 7-10 May 2018

Corporate Climate Justice? Imagining a Different Future – Overcoming Barriers to Climate Justice, Hobart, 9 May 2018

Strategic Litigation on Climate Change in Europe Background Strategic litigation and shareholder/investor activism to advance outcomes on climate change policy are growing globally. Over the last decade, many court cases have been brought in countries such as the United States and Australia to try to stop greenhouse gas emissions from coal; to improve air quality; and to reduce the carbon footprint of corporations. There have also been efforts to spur corporate action in these jurisdictions through shareholder activism, improved company disclosure practices and a growing divestment movement. However, in contrast, strategic climate litigation and activism in Europe has been narrower in focus and less prevalent. This project, now in Phase 2, evaluates the impacts of a targeted program of climate litigation and associated shareholder/investor activism, which has been funded by the Children’s Investment Fund Foundation and is being implemented by the public interest environmental law NGO ClientEarth, based in the United Kingdom, with offices across Europe and in Beijing, China. The ClientEarth program aims to accelerate the transition to low-carbon by reducing emissions from coal, improving air quality, reducing emissions from the corporate sector, holding companies and governments accountable for their greenhouse gas emissions and improving environmental governance in China. Using social science evaluation methodologies, the research team is generating an evidence base for evaluating the impact of this litigation and associated shareholder/investor activism.

Researchers Professor Jacqueline Peel, Melbourne Law School, Chief Investigator Professor Hari Osofsky, Dean, Penn State Law and School of International Affairs, Partner Investigator Associate Professor Jolene Lin, National University of Singapore, Team Member

Presentations Evaluating Strategic Litigation as a Tool for Climate Change Mitigation Presented by Dean Hari Osofsky at the American Evaluation Association, Cleveland Ohio, 1 November 2018

Evaluating Strategic Litigation as a Tool for Climate Change Mitigation Presented by Professor Jacqueline Peel at the Global Evidence and Implementation Summit, Melbourne, 22- 24 October 2018

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 15 of 36 Events

PhD Completion Seminar by Laura Schuijers February 2018 'The Capacity of the Legal System to manage Environmental Impact Assesment (EIA): a Study on Natural Gas Fracking’ Supervisors Professor Jacqueline Peel and Associate Professor Margaret Young. Thesis Abstract A desire to attain energy security has motivated the expansion of natural gas fracking in recent years. Natural gas, large reserves of which can be tapped through fracking, tends to be viewed as a ‘bridging fuel’, linking the carbon-intensive past with a more sustainable (and Paris-compliant) future. Fracking exposes a complex relationship between energy and water – one that affects a broad and diverse range of stakeholders, and which ultimately raises the question as to whether energy security can be achieved in the near-term future without jeopardising clean water and aquatic ecosystems. This thesis examines how the Australian legal system can manage the risks of fracking through environmental impact assessment (‘EIA’). Taking an interdisciplinary and systems-based approach, it identifies key gaps in federal Australian law, and the implications of those gaps for protecting the environment from adverse impacts.

Book Launch February 20th 2018 'The Impact of Climate Mitigation on Indigenous and Forest Communities: International, National and Local Law Perspectives on REDD+’ CREEL launched a new book by Professor Lee Godden, Professor Kirsty Gover, Associate Professor Maureen Tehan and Associate Professor Margaret Young: 'The Impact of Climate Mitigation on Indigenous and Forest Communities: International, National and Local Law Perspectives on REDD+' . The book analyses the international legal framework for valuing the carbon stored in forests, known as 'Reducing Emissions from Deforestation and Forest Degradation' (REDD+), which is established by the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. The authors demonstrate how REDD+ impacts the indigenous and local communities who inhabit, use or claim rights to forested lands. It seeks to provide a systemic account of the relevant laws governing forest carbon sequestration and their interaction. Professor Philippe Sands QC, visiting Melbourne from UCL and Matrix Chambers launched the book at a small reception before his public lecture at the Melbourne Law School.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 16 of 36

Agreement Making, Treaty Making and Treaty Interpretation April 18th 2018 Professor John Burrows Renowned Indigenous scholar, John Borrows BA, MA, JD, LLM (Toronto), PhD (Osgoode Hall Law School), LLD (Hons, Dalhousie & Law Society of Upper Canada) FRSC, is the Canada Research Chair in Indigenous Law at the University of Victoria Law School in British Columbia delivered this seminar. His publications include Recovering Canada: The Resurgence of Indigenous Law (Donald Smiley Award for the best book in Canadian Political Science, 2002); Canada’s Indigenous Constitution (Canadian Law and Society Best Book Award 2011); Drawing Out Law: A Spirit’s Guide (2010); Freedom and Indigenous Constitutionalism (Donald Smiley Award for the best book in Canadian Political Science, 2016); and The Right Relationship (with Michael Coyle, Ed.), all from the University of Toronto Press. John is Anishinaabe/Ojibway and a member of the Chippewa of the Nawash First Nation in Ontario, Canada.

The Regulation of Emissions from International Maritime Transport: Ways Forward May 1st 2018 Dr Beatriz Martinez Romera

The regulation of greenhouse gas emissions from international maritime transport is a flagrant gap in climate change governance, where the sector has remained largely unregulated to date. In 1992, the United Nations Framework Convention on Climate Change called for all sectors of the global economy, including maritime transport, to contribute to the stabilization of greenhouse gas emissions. However, international maritime transport was explicitly excluded from the Kyoto Protocol’s scope in 1997, and the Paris Agreement was adopted in 2015 without a reference to international maritime transport. The negotiations on the regulation of these sectors’ emissions under the International Maritime Organization have not faced a better fate. The seminar addressed key issues in the regulation of international maritime transport emissions, giving an account of the current processes and potential regulatory pathways, in the era of the Paris Agreement.

Dr Beatriz Martinez Romera (PhD, MSc, LLM), Assistant Professor of Environmental and Climate Change Law at the Center for International Law, Conflict and Crisis, Faculty of Law, University of Copenhagen. Dr Romera is the author of Regime Interaction and Climate Change: the Case of International Aviation and Maritime Transport (Routledge 2017). Her research focuses on the regulation of greenhouse gas emissions from international aviation and maritime transport. She has a keen interest in the international law-making, climate negotiations, and the regulatory processes at the International Civil Aviation Organization and the International Maritime Organization, as well as the developments at the EU level.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 17 of 36 The Future of the Paris Agreement June 21st 2018 Professor Dan Bodansky The 2015 Paris Agreement was hailed as the “world’s greatest diplomatic success” and a “big, big deal.” But it is still very much a work in progress. Whether it ultimately proves successful remains uncertain. The emission reduction pledges made in Paris fall well short of putting the world on a pathway to keeping global warming to well below 2°C, the ostensible goal of the Paris Agreement, and whether parties will come forward with more ambitious pledges in 2020, for the next pledging cycle, is an open question. President Trump has threatened to pull the United States out of the agreement. And the rules for how the Paris Agreement will work are still being negotiated. The upcoming conference this December in Katowice, Poland, will be crucial for keeping the Paris Agreement on track. In his talk, Professor Bodansky analyzed the issues in the current Paris rulebook negotiations, previewed the Katowice Conference, and assessed the prospects for the Paris Agreement going forward. Professor Dan Bodansky is Regents’ Professor at the Sandra Day O’Connor College of Law at Arizona State University. His co-authored book, International Climate Change Law (with Jutta Brunnee and Lavanya Rajamani), recently received the American Society of International Law’s Certificate of Merit as the best book published in the last year in a specialized area of international law.

Comparative Legal Diagnostics for the Low-Carbon Transition July 17th 2018 Professor Giuseppe Bellantuono The low-carbon transition is happening. But it is too slow and too uneven. We know why: the transition is a multi-scale and multi-dimensional process. But do we know how the law copes with such processes? We are usually told that legal change is incremental, rarely, if ever, revolutionary. If this is true, law could fail to support the low-carbon transition, or even act as a brake. Several scholars are trying to develop methods for the ‘legal organization’ of the transition, or to identify ‘legal pathways’ to a low-carbon economy. Professor Giuseppe Bellantuono joins this debate with a proposal for an institutional diagnostics approach which merges two perspectives: a comparative one and an interdisciplinary one. The former takes into account the multi-scale aspect of the transition, the latter the multi-dimensional aspect. Comparative legal diagnostics won’t provide policymakers with easy solutions. But it could provide a knowledge platform to address two of the thorniest issues of the transition: how to make long-term climate commitments legally credible and how to identify the legal interdependencies which hamper the transition. Giuseppe Bellantuono is professor of comparative law at the University of Trento, Italy. He holds a Ph.D. in Comparative Private Law from the University of Trento (1996). Between 2014 and 2015 he served as seconded national expert at the European Commission, DG Energy, Energy Policy Unit. He is regularly invited to teach Comparative Law, EU Law and Energy Law in several European and non- European universities. His research interests are in the fields of energy and climate law, comparative and interdisciplinary methodologies, international contracts, law

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 18 of 36 and technology, law and development, and behavioural legal studies. His most recent publications include Comparative Energy Law and Policy, forthcoming Cambridge University Press, 2019; G. Bellantuono and F. Puppo (eds.), Convergences and Divergences Between the Italian and the Brazilian Legal Systems, Editoriale Scientifica, 2015; G. Bellantuono and F. T. de Rezende Lara (eds.), Law, Development and Innovation, Springer, 2015; The Misguided Quest for Regulatory Stability in the Renewable Energy Sector, 10 Journal of World Energy Law & Business 274-292 (2017); Brazil and the EU in Transnational Energy Governance, in Revista da Facultade de Direito da Universidade Federal de Minas Gerais 147-193 (2017); Contract Law and Regulation, in P. Monateri (ed.), Comparative Contract Law, Elgar Pub., 2017, 111-142.

Water Law and Natural Resource Management Field Trip with Alluvium September 2018 In 2018, as part of the Melbourne Law Masters subject Water Law and Natural Resource Management, Professor Lee Godden and Dr Erin O’Donnell completed the inaugural field trip to help Masters students connect their understanding of water law frameworks with the ways in which these laws are used by non-legal practitioners to guide their water management activities. The field trip included a guided tour of the Merri Edgars stormwater treatment wetland by one of the lead engineers from the design and construct team (Alluvium). This wetland was specifically constructed to capture and treat stormwater before release into Merri Creek, an urban stream in northern Melbourne. In doing so, the design, construction and management of the wetland brought together themes of integrated water management, water pollution, land use planning, floodplain and drainage management, as well as environmental impact assessment and approvals. This was the first field trip that Melbourne Law School has undertaken as part of a Masters level environmental law subject, and drew on CREEL’s existing relationships with the broader water industry. CREEL gratefully acknowledges work of Stuart Cleven (Alluvium), who generously contributed his time and expertise. Students found the field trip to be a highly valuable way of connecting the legal content with on-ground outcomes, and this event has now become an ongoing element of the Water Law and Natural Resource Management curriculum.

The Regulation of Mining Waste in Nineteenth Century Victoria October 24th 2018 Professor Susan Lawrence Mining waste was a significant environmental problem in nineteenth- century Victoria. Sludge from mining flowed into rivers across the colony causing significant damage and disruption to downstream communities. The struggle to regulate sludge lasted fifty years from the European discovery of gold in 1851 to the eventual inclusion of anti-sludge provisions in the Mines Act (1904). Analysis of community action and legislative response over the decades reveals shortcomings in customary riparian rights in the unique social and legal context that resulted from the gold rush. It also reveals the gradual emergence of an environmental conscience that ultimately compelled industry to take responsibility for its waste.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 19 of 36 Professor Susan Lawrence is an industrial archaeologist in the Department of Archaeology and History at La Trobe University. She has published widely on the comparative archaeology of British colonial settlement, gender and household archaeology, industrial and urban archaeology and material culture studies. Her books include Dolly’s Creek: An Archaeology of a Victorian Goldfields Community (MUP 2000), Archaeologies of the British (Routledge 2003) and An Archaeology of Australia Since 1788 (Springer 2011). Her current research includes the ARC- funded project ‘Rivers of Gold: The Legacy of Historic Gold Mining for Victoria’s Rivers’ which brings together archaeologists, geomorphologists and environmental chemists to study Anthropocene rivers in Victoria. She convenes the annual Victorian Archaeology Colloquium and is a past- president of the Australasian Society for Historical Archaeology, a member of the Archaeology Advisory Committee of the Victorian Heritage Council, a Fellow of the Australian Academy of the Humanities and a Fellow of the Society of Antiquaries of London.

Emerging Frontiers in International Environmental Law November 22nd 2018 Speakers: Sam Johnston, Ms Alice Palmer, Professor Jacqueline Peel, Professor Matthew Rimmer & Associate Professor Margaret Young International environmental law is a relatively new and dynamic field of international law. It draws on multidisciplinary inputs (science, politics, international relations, economics etc) in designing multilateral and innovative legal tools for dealing with a diverse array of complex environmental problems (climate change, marine pollution, biodiversity loss, hazardous waste disposal etc). In the last decade, international environmental law has acquired considerable breadth, depth, nuance, complexity, and reach. It is now more deeply interconnected with policy and legal efforts in many other fields, including international trade and investment, human rights and migration, energy, technology innovation and intellectual property protection.

This seminar brings together expert contributors to the planned 2nd edition of the Oxford Handbook on International Environmental Law (edited by Lavanya Rajamani and Jacqueline Peel) to discuss developments and innovations in their respective areas of expertise to be covered in the book. In particular, the seminar will feature presentations on: the interface of science with international environmental law; the impact of intellectual property law on international environmental law; efforts to deal with fragmentation, including the draft Global Pact for the Environment; and key challenges in national implementation of international environmental laws. This seminar will offer an excellent opportunity to hear from leading experts in these areas and feedback from participants will be used by authors in refining their chapters for the Handbook.

Water in a Concrete Jungle: Laws to (Un)Pave the way to Healthy Urban Streams December 5th 2018 Dr Rebecca Nelson The condition of many urban waterways in Australia is poor and declining. That decline often proceeds from an already low base of ecological health. A key large-scale driver for the decline is excess urban stormwater runoff caused by the cumulative effects of urban developments. This paper uses a novel combination of (1) insights from scientific studies of cumulative environmental effects to guide (2) traditional legal analysis of over 20 types of legal mechanisms across 4 areas of law to explore their potential to

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 20 of 36 address this problem, (3) qualitative empirical legal analysis of publicly available instances of these mechanisms to understand how they are commonly drafted, and (4) quantitative spatial analysis to understand key gaps in the applications of these mechanisms to Melbourne. This analysis reveals that there are more legal mechanisms that might be used to address the cumulative adverse ecological impacts of stormwater flows than have previously been discussed, and some encouraging instances of their robust use. However, many groups of legal mechanisms often have only weak connections to statutory ecological goals for urban streams and often lack associated quantitative standards. Current reform processes, notably the drafting of the Yarra Strategic Plan under the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic), present opportunities to improve and coordinate legal and policy approaches to protecting and restoring urban waterways in the context of the stormwater impacts of intensifying development. The paper concluded with recommendations for piloting improved stormwater management arrangements using the Yarra Strategic Plan as a foundation.

Dr Rebecca Nelson is a Senior Lecturer of the Melbourne Law School. Her research focuses on environmental and natural resources law and policy, with an emphasis on empirical research and practical solutions. Dr Nelson holds an ARC Discovery Early Career Researcher Award (2018-2020), which aims to analyse and evaluate laws regulating cumulative environmental effects in the United States of America, European Union, Canada and Australia. From 2010-2014, she led the Comparative Groundwater Law and Policy Program, a collaborative initiative between Water in the West at Stanford University and the United States Studies Centre at the University of Sydney. The Program focused on undertaking empirical research and convening stakeholder workshops to improve groundwater sustainability in the western US and Australia.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 21 of 36 Publications

Authored Research Books O’Donnell, E, Legal Rights for Rivers: Competition, Collaboration and Water Governance, Routledge, United Kingdom (2018)

Edited Books Zillman, D, Roggenkamp, M, Paddock, L and Godden, L, Innovation in Energy Law and Technology: Dynamic Solutions for Energy Transitions, Oxford University Press, United Kingdom (2018)

Research Book Chapters Crommelin, M, ‘Tenure, Title and Property in Geological Storage of Greenhouse Gas in Australia’ in I Havercroft, R Macrory and R Stewart (eds), Carbon Capture and Storage: Emerging Legal and Regulatory Issues, Hart Publishing, United Kingdom (2nd ed, 2018), 231-243

Godden, L and Kallies, A, ‘Smart Infrastructure: Innovative Energy Technology, Climate Mitigation, and Consumer Protection in Australia and Germany’ in D Zillman, M Roggenkamp, L Paddock and L Godden (eds), Innovation in Energy Law and Technology: Dynamic Solutions for Energy Transitions, Oxford University Press, United Kingdom (2018), 391-411

Zillman, D, ‘Roggenkamp, M, Paddock, L and Godden, L, ‘Introduction: How technological and Legal Innovation are Transforming Energy Law’ in D Zillman, M Roggenkamp, L Paddock and L Godden (eds), Innovation in Energy Law and Technology: Dynamic Solutions for Energy Transitions, Oxford University Press, United Kingdom (2018), 1-22

Zillman, D, Roggenkamp, M, Paddock, L and Godden, L, ‘Conclusion’ in D Zillman, M Roggenkamp, L Paddock and L Godden (eds), Innovation in Energy Law and Technology: Dynamic Solutions for Energy Transitions, Oxford University Press, United Kingdom (2018), 412-436

McVeigh, S, ‘Obligations of Office’ in Matthews, D. and Veitch, S. (eds), Law, Obligation, Community, Routledge, London (2018), 234-250

Nelson, R, ‘Regulating Cumulative Impacts in Groundwater Systems: Global Lessons from Australian Experience’ in Holley, C, and Sinclair, D, (eds), Reforming Water Law and Governance: From Stagnation to Innovation in Australia, Springer (2018), 237-256

Nelson, R, ‘The Sydney Catchments as a Socio-Ecological System in Law’ in Barthel, S, et al, Emergent Landscapes: Exploring Social-Ecological Interdisciplinarity, Conference proceedings, School of Ecosystem and Forest Sciences, University of Melbourne (2018), 35-37

Loch, A, Perez-Blanco, D, Rey, D, O’Donnell, E, Adamson, D, ‘Regulatory and Economic Instruments: A Useful Partnership to Achieve Collective Objectives?’ in Holley, C, and Sinclair, D (eds) Reforming Water Law and Governance: From Stagnation to Innovation in Australia, Springer, Singapore, (2018), 123-139.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 22 of 36 Macpherson, E, O’Donnell, E, Godden, L, O'Neill, L, ‘Lessons from Australian water reforms: Indigenous and environmental values in market-based water regulation’ in Holley, C, and Sinclair, D, (eds) Reforming Water Law and Governance: From Stagnation to Innovation in Australia, Springer, Singapore, (2018), 213-234

Johnson, H, Parker, C and Maguire, R, ‘Consumer Choice as a Pathway to Food Diversity: A Case Study of Açaí Berry Product Labelling’ in A Isoni, M Troisi and M Pierri (eds), Food Diversity Between Rights, Duties and Autonomies: Legal Perspectives for a Scientific, Cultural and Social Debate on the Right to Food and Agroecology, Springer International Publishing, Switzerland (2018), 307-322

Parker, C, Carey, R, De Costa, R. and Scrinis, G, ‘The consumer labelling turn in farmed animal welfare politics: from the margins of animal advocacy to mainstream supermarket shelves’ in Philippov, M and Kirkwood, K (eds) Alternative Food Politics: From the Margins to the Mainstream, Routledge, New York and London (2018), 193-215

Haines, F, and Parker, C, ‘Moving towards ecological regulation’ in Holley, C and Shearing, C (eds), Criminology and the Anthropocene, Routledge, New York and London (2018), 81-108

Peel, J, ‘International Environmental Law and Climate Disasters’ in R Lyster and R Verchick (eds), Research Handbook on Climate Disaster Law: Barriers and Opportunities, Edward Elgar Publishing Ltd, United Kingdom (2018), 77-96

Davies, R and Stewart, M, ‘The Gatekeeper Court: For the Revenue or the Taxpayer?’ in James Stellios and Pauline Ridge (eds), The Federal Court’s Contribution to Australian Law: Past, Present and Future, Federation Press, Sydney (2018), 213-236

Stewart, M and Whiteford P, ‘Balancing equity and efficiency in the tax and transfer system’ in R Breunig and M Fabian (eds) Hybrid Public Policy Innovations: Contemporary Policy Beyond Ideology, Routledge, London (2018), 204-231

Blakelock, S and Stewart, M, ‘Australia’s Evolving General Anti-Avoidance Law’ in Tron, M (ed) The Structure of Anti-Avoidance Rules Vol 100a Cahiers de droit fiscal international (70th International Fiscal Association Congress, Sdu Fiscale & Financiele Uitgevers: The Netherlands (2018)

Jukic, E. and Young, M., ‘Australia’ in Yearbook of International Environmental Law, Volume 28, 2017, Pages 404–413, https://doi.org/10.1093/yiel/yvy065 Jukic, E. and Young, M., Australia and International Environmental Law in 2018 (March 19, 2019). Forthcoming, Yearbook of International Environmental Law (Volume 29) ; U of Melbourne Legal Studies Research Paper No. 821. Available at SSRN: https://ssrn.com/abstract=3355031

Revised Books Gardner, A, Bartlett, R, Gray, J and Nelson, R, Water Resources Law (2 ed.), LexisNexis Butterworths, Australia (2018)

Parker, C and Evans, A, Inside Lawyers' Ethics (3 ed.), Cambridge University Press, United Kingdom (2018)

Sands, P, Peel, J, Fabra, A and MacKenzie, R, Principles of International Environmental Law (4 ed.), Cambridge University Press, United Kingdom (2018)

Godden, L, Peel, J and McDonald, J, Environmental Law (2nd Ed.), Oxford University Press, Melbourne (2018)

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 23 of 36

Journal Articles Birrell, K and Godden, L, ‘Benefits and Sharing: Realizing Rights in REDD+’ (2018) 9(1) Journal of Human Rights and the Environment 6-31

Birrell, K, ‘Book Review: Global Politics and Its Violent Care for Indigeneity: Sequels to Colonialism’ (2018) 14(3) Law, Culture and the Humanities 538-540

Casinader, N, Wijeyaratne, R and Godden, L, ‘From Sovereignty to Modernity: Revisiting the Colebrooke- Cameron Reforms - Transforming the Buddhist and Colonial Imaginary in Nineteenth-Century Ceylon’ (2018) 6(1) Comparative Legal History 34-64

McVeigh, S, ‘Reciprocal Relations: Formations of the Office of Legal Scholar’ (2018) 9(2) Jindal Global Law Review 231-238

Womble, P, Perrone, D, Jasechko, S, Nelson, R, Szeptycki, L, Anderson, R and Gorelick, S, ‘Indigenous Communities, Groundwater Opportunities: A US Court Decision Unlocks Vast Potential to Improve Sustainable Freshwater Management’ (2018) 361(6401) Science 453-455

Horne, A, O’Donnell, E, Loch, A, Adamson, D, Hart, B and Freebairn, J, ‘Environmental Water Efficiency: Maximizing Benefits and Minimizing Costs of Environmental Water Use and Management’ (2018) 5(4) Wiley Interdisciplinary Reviews-Water 1-10

O’Donnell, E, and Talbot-Jones, J, ‘Creating Legal Rights for Rivers: Lessons from Australia, New Zealand, and India’ (2018) 23(1) Ecology and Society 1-10

O’Donnell, E, ‘At the Intersection of the Sacred and the Legal: Rights for Nature in Uttarakhand, India.’ (2018) 30(1) Journal of Environmental Law 135-144

Garrick, D, Hernandez-Mora, N and O'Donnell, E, ‘Water Markets in Federal Countries: Comparing Coordination Institutions in Australia, Spain and the Western USA’ (2018) Regional Environmental Change https://doi.org/10.1007/s10113-018-1320-z

Macpherson, E and O’Donnell, E, '¿Necesitan Derechos Los Ríos? Comparando Estructuras Legales Para La Regulación De Los Ríos En Nueva Zelanda, Australia Y Chile [Do Rivers Need Rights? Comparing Legal Structures for River Regulation in New Zealand, Australia and Chile]' (2018) 25 Revista de Derecho Administrativo Economico 95

O’Donnell, E, ‘Legal rights for rivers: more power, less protection?’ (2018) (26) Journal of Water Law, 43-44

Chiam, M, Pahuja, S and Parker, J, ‘How To Run a Writing Workshop? On the Cultivation of Scholarly Ethics in ‘Global’ Legal Education’ (2018) 44(2) Australian Feminist Law Journal 289-302

MacGregor, C, Petersen, A and Parker, C, ‘Hyping the Market for 'Anti-Ageing' in the News: From Medical Failure to Success in Self-Transformation’ (2018) 13(1) BioSocieties 64-80

Parker, C and Haines, F, ‘An Ecological Approach to Regulatory Studies?’ (2018) 45(1) Journal of Law and Society 136-155, special issue edited by Morgan, B, and Thorpe, A, ‘Law for a new economy: enterprise, sharing, regulation’

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 24 of 36 Parker, C, Carey, R and Scrinis, G, ‘The Meat in the Sandwich: Welfare Labelling and the Governance of Meat- Chicken Production in Australia’ (2018) 45(3) Journal of Law and Society 341-369

Parker, C, Haines, F and Boehm, L, ‘The Promise of Ecological Regulation: The Case of Intensive Meat’ (2018) 59(1) Jurimetrics 15-42

Parker, C and Johnson, H, ‘Sustainable Healthy Food Choices: The Promise of 'Holistic' Dietary Guidelines as a National and International Policy Springboard’ (2018) 18(1) QUT Law Review 1-44

Parker, C, Scrinis, G, Carey, R and Boehm, L, ‘A Public Appetite for Poultry Welfare Regulation Reform: Why Higher Welfare Labelling is not Enough’ (2018) 43(4) Alternative Law Journal 238-243

Parker, C, Voon, T and O'Brien, P, ‘Law and Non-Communicable Diseases: International and Domestic Regulation of Food and Alcohol Special Issue – Editorial’ (2018) 18(1) QUT Law Review i-iii

Macgregor, C, Parker, C and Petersen, A, ‘Promoting a healthier, younger you: The media marketing of anti- ageing superfoods’ (2018) Journal of Consumer Culture doi: 10.1177/1469540518773825

Peel, J and Osofsky, H, ‘A Rights Turn in Climate Change Litigation?’ (2018) 7(1) Transnational Environmental Law 37-67

Ingles, D and Stewart, M, ‘Australia’s Company Tax: Options for Fiscally Sustainable Reform’ (2018) 33 (1) Australian Tax Forum 101-139

Stewart, M, ‘Redistribution between rich and poor countries’ (2018) 72 (4/5) Bulletin of International Taxation 297-309

Young, M and Friedman, A, ‘Biodiversity Beyond National Jurisdiction: Regimes and their Interaction’ (2018) 112 AJIL Unbound 123-128

Reports and Conference Presentations Nelson, R, Godden, L, and Lindsay, B, Cultural Flows: A Multi-Layer Plan for Cultural Flows in Australia: Legal and Policy Design, National Native Title Council (2018)

Nelson, R, Godden, L, and Lindsay, B, A Pathway to Cultural Flows in Australia, National Native Title Council (2018)

Parker, C, Carey, R and Scrinis, G, Higher Welfare Labelling for Chicken Meat: A Summary of Findings from the Project Regulating Food Labels: The Case of Free Range Food Products in Australia, The University of Melbourne, Australia (2018) Parker, C, Carey, R and Scrinis, G, Higher Welfare Labelling for Pig Meat: A Summary of Findings from the Project Regulating Food Labels: The Case of Free Range Food Products in Australia, The University of Melbourne, Australia (2018) O’Donnell, E, Rivers in the Anthropocene: rights, responsibilities and legal personality, Law and Society Association of Australia and New Zealand conference (December 12-15, 2018 Woollongong) (Contribution: 100%) O’Donnell, E (Keynote), River Rights in India and Colombia, International Symposium: Exploring our legal relationship with the living world (October 25-26 2018, Brisbane) (Contribution: 100%)

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 25 of 36 O’Donnell, E and A Horne Can you sue a river? Implications for integrated water resource management, World Water Week international conference (August 26-31 2018, Stockholm) (Contribution: 90%) O’Donnell, E (invited speaker and facilitator of workshop), Legal Rights for Rivers: could (should) it happen in Australia? 9th Australian Stream Management Conference (August 12-14 2018, Hobart) Garrick, D,E, De Stefano, L, Turley, L, Aguilar-Barajas, I, Schreiner, B, de Souza, R, O’Donnell, E and Horne, A, Dividing the Water, Sharing the Benefits: Rural Water for Thirsty Cities, The World Bank, Washington DC (2018) O'Donnell, E, Horne, A, Head, B and Godden, L, Cry me a river: Going beyond the crisis response: building trust and maintaining legitimacy in environmental flows (2018). http://www.assa.edu.au/academy- workshop-report-cry-me-a-river/, Academy of Social Sciences Australia Wong, T, Stewart, M, Budget transparency: The Open Budget Survey 2017, TTPI Policy Brief 2 (2018) Stewart, M, Personal income tax cuts and the new Child Care Subsidy: Do they address high effective marginal tax rates on women’s work?, TTPI Policy Brief 1 (2018) Sawer, M and Stewart, M, Gender Budgeting, Gendered Innovations in the Social Sciences, http://genderinstitute.anu.edu.au/gender-budgeting (2018) Stewart, M (Guest ed), ’Introduction to Special issue: What Shall We Do With Company Tax?’ (2018) 33 (1) Australian Tax Forum 1-4

Scholarly Contribution to Database, Website and Blog Foerster, A and Peel, J, Submission to the Consultation on Fourth Edition of Corporate Governance Principles and Recommendations’ (2018)

Foerster, A and Peel, J, ‘Rio Tinto’s Climate Change Resolution Marks a Significant Shift in Investor Culture’ (2018) The Conversation

O’Donnell, E, and Horne, A, ‘Giving environmental water to drought-stricken farmers sounds straightforward, but it’s a bad idea’ (18 September 2018) ‘The Conversation https://theconversation.com/giving- environmental-water-to-drought-stricken-farmers-sounds-straightforward-but-its-a-bad-idea-103238

O’Donnell, E, ‘Legal rights for rivers: more power, less protection?’ (23 April 2018) International Water Law Project blog https://www.internationalwaterlaw.org/blog/2018/04/23/legal-rights-for-rivers-more-power- less-protection/

Macpherson, E, O’Donnell, E, Ospina, F. C, ‘Meet the river people: who speaks for the rivers?’ (2 April 2018) Stuff.co (NZ) https://www.stuff.co.nz/environment/102741097/meet-the-river-people-who-speaks-for-the- rivers

O’Donnell, E, Horne, A, Godden, L, Head, B, ‘Who cries for the river?’ (2 April 2018) Global Water Forum http://www.globalwaterforum.org/2018/04/02/who-cries-for-the-river/

O’Donnell, E, ‘Legal rights for rivers: more power, less protection?’ Oxford Water Network, School of Geography and Environment, University of Oxford (3 July 2018) https://www.water.ox.ac.uk/legal-rights-for- rivers-more-power-less-protection/

Stewart, M, ‘Seeking Sanity on GST Sanitary Tax Debate’ Austaxpolicy: Tax and Transfer Policy Blog, 9 October 2018. Originally published at Australian Financial Review, 3 October 2018

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 26 of 36 Stewart, M, ‘Mothers Have Little to Show for Extra Days of Work Under New Tax Changes’ Austaxpolicy: Tax and Transfer Policy Blog, 21 June 2018; originally published at The Conversation, https://theconversation.com/mothers-have-little-to-show-for-extra-days-of-work-under-new-tax-changes- 98467

Stewart, M, ‘Budget Forum 2018: Tax Caps and Tax Cuts: Good for Australia?’ Austaxpolicy: Tax and Transfer Policy Blog, 14 May 2018.

Stewart, M & Wong, T. C, ‘Open Budget Survey 2017 Part 2: What Can Australia Do to Improve Our Budget Process?’ Austaxpolicy: Tax and Transfer Policy Blog, 2 May 2018.

Stewart, M and Wong, T. C, ‘Open Budget Survey 2017 Part 1: How Transparent is the Australian Budget?’ Austaxpolicy: Tax and Transfer Policy Blog, 20 March 2018

Stewart, M and Wong, T. C, ‘New Zealand, US and UK outrank Australia in scores on budget transparency’ The Conversation, 20 March 2018

Ingles, D and Stewart, M, ‘How the Government can Pay for its Proposed Company Tax Cuts’ Austaxpolicy: Tax and Transfer Policy Blog, 9 March 2018. First published on The Conversation https://theconversation.com/how-the-government-can-pay-for-its-proposed-company-tax-cuts-92739

Podcast Publication O’Donnell, E, Podcast University of Melbourne’s Eavesdrop on Experts ‘The legal rights of rivers’ (April 2018) https://pursuit.unimelb.edu.au/podcasts/the-legal-rights-of-rivers

O’Donnell,E, Podcast University of Melbourne’s Five Things About… ‘Can you sue a river?’ (January 2018) https://soundcloud.com/5-things-about/suing-a-river-with-erin-odonnell

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 27 of 36 Higher Degree Continuing Students

Student Name Supervisor/s Thesis Degree

Nicholas Ampt Christine Parker Zoorisprudence: How Should the Law Treat Animals? (Phd) Law

Ma. Niña Blesilda Margaret Young Climate Financing and Public-Private Partnerships in the (Phd) Law Araneta-Alana Philippines: Investigating the Interplay of Legal Issues, Actors and Power Structures

Sarah Barker Jacqueline Peel Directors' Liability for Corporate Responses to Climate (Phd) Law Change: A Comparative Study of Australian, US and UK Law

Timothy Baxter Lee Godden, Negligence of Australian Public Functionaries for MPhil (Law) Jason Varuhas Inadequate Climate Mitigation: Could equitable remedies (re)define the duty of care in massive torts?

Lev Bromberg Christine Parker Australian Farm Animal Welfare Regulation: Preventing (Phd) Law Unnecessary Suffering, Providing Animals with a Life Worth Living, or Neither?

Penelope Gleeson Christine Parker The legitimacy of the regulation of therapeutic goods in (Phd) Law Australia and the challenge posed by ethically contentious therapeutic goods

Mohammad Islam Lee Godden, The Role of Law in Protecting Groundwater: Challenges (PhD) Law Rebecca Nelson and Opportunities for Global and State Action

Jose Khatarina Tim Lindsey, Decentralisation, Law, and the Failure of Palm Oil Licensing (PhD) Law Margaret Young in Indonesia

Sophie Lamond Christine Parker Campus Food Revolutions: Investigating Policy and Projects (Phd) Law for Food System Transformation in Universities

Alice Palmer Lee Godden, Aesthetics of Image in International Environmental Law (Phd) Law Shaun McVeigh

Daria Vasilevskaia Margaret Young Pollution of the Marine Environment by Plastic (Phd) Law Comparative Approach in International, European and Comparative Law

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 28 of 36 Higher Degree Completions

Student Name Supervisor/s Thesis Degree

Laura Schuijer Margaret Young, The Capacity of the Legal System to Manage (PhD) Law Jacqueline Peel Environmental Risk Through Environmental Impact Assessment ('EIA'): A Study on Natural Gas Fracking

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 29 of 36 Grants and Awards

ARC Discovery Projects

Margaret Young and Hilary Charlesworth 2018 – The potential and limits of international adjudication $424,608

Project Summary This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project sets out to provide the first detailed account of the context and impact of the cases in which Australia has been involved before the Court as well as to assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This timely project will not only document an historic set of engagements spanning 70 years, but also provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order.

Jacqueline Peel, Hari Osofsky and Brett McDonnell 2016 – 2019 Devising a Legal Blueprint for Corporate Energy Transition $293,052

Project Summary This project aims to provide a legal blueprint for using corporate law mechanisms to incentivise improved climate risk management and clean energy practices in Australian companies. Corporations are key players in efforts to transition the global energy system to clean energy sources and to mitigate climate risk. While this role is widely acknowledged, thinking on the best legal strategies that could foster corporate energy transition is in its infancy. Drawing on empirical data and more extensive United States experience with the use of corporate law tools for climate ends, the project plans to uncover roadblocks to corporate energy transformation and identify law and governance reforms necessary for putting the private sector on a low- carbon pathway.

Christine Parker and Dr Gyorgy Scrinis 2015-2019 Regulating Food Labels: The Case of Free Range Food Products in Australia $383,900

Project Summary The food label has become an important site of contestation and controversy with respect to a range of health, safety, environmental and ethical issues across the food system. This project will examine the regulation of food labeling in Australia through a focus on free range labelled eggs and animal products. It will shed light on the dynamics of how a network of food producers, retailers, private certification organisations, and regulatory agencies are responding to changing demands for ethical and quality foods. The project will develop new strategies for a more effective, legitimate and stakeholder-inclusive approach to regulating food labels.

Jacqueline Peel and Hari Osofsky 2013 – 2018 Transition to a Clean Energy Future: The Role of Climate Change Litigation in Shaping our Regulatory Path $250,000

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 30 of 36 Project Summary As the world seeks a clean energy future, courts in Australia and other key fossil fuel-producing nations, like the United States, are increasingly hearing cases seeking to block the use of coal due to its climate change effects. This project critically assesses the role such climate litigation plays in generating regulatory momentum to address climate change.

Discovery Early Career Researcher Awards Rebecca Nelson 2018 – 2021 Regulating cumulative environmental effects: designing global best practice $363,996

Project Summary Scientists know that the environmental effects of separate projects can accumulate to pose significant risks. Yet law often allows unintended environmental harms by ignoring cumulative effects, or using weak controls that fail to prevent harm in practice. This innovative research aims to analyse and evaluate the theoretical bases, adoption and use of laws regulating cumulative environmental effects in the US, EU, Canada and Australia. Using novel methods combining law, ethics, and natural and spatial science, this project seeks to build an framework of globally relevant best practice tools for regulating cumulative effects. This promises to increase the capacity of regulators, industry, and the community to better manage environmental harms.

ARC Discovery Indigenous Mark McMillan, Joanna Cruickshank, Ann Genovese, Shaun McVeigh and Julie Evans (administered by RMIT) 2018 - ongoing Indigenous leaders: lawful relations from encounter to treaty $430,661

Project Summary This multi-disciplinary project draws together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop innovative and creative methods of translating these encounters and their attendant insights, in order to inform the practical activities of conducting lawful relations in the present and the future. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationships with its First Peoples, particularly regarding treaty-making.

Swedish Research Council Professor Kirsty Gover, Associate Professor Ulf Morkenstam, Professor Ludvig beckham, Associate Professor Sofia Nasstrom 2016 - 2018 Who are ‘We, the People’? A study of national and indigenous peoples’ constitutions $1, 295, 256

Project Summary A central idea in modern democracies is that the coercive powers of the state are legitimate only if they derive from the people. The significance of this idea can be found in the numerous constitutional documents where popular sovereignty is highlighted as a key principle, or where ‘we the people’ is declared the ultimate source of the constitutional order. But in recent decades, ‘the people’ itself has become controversial. A variety of groups compete today for the title of the sovereign people. This project studies the problem of the

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 31 of 36 people in popular sovereignty empirically as well as theoretically by distinguishing between constitutional self-definitions of the people and popular self-definitions of the people.

Morrison Prize Jacqueline Peel and Hari Osofsky, Energy Partisanship Professor Jacqueline Peel and Professor Hari Osofsky has been awarded the 2018 Morrison Prize for their academic article, Energy Partisanship. The article which was submitted in the Emory Law Journal, details how vitriol in American politics has impeded progress on climate policy. The Morrison Prize, established in 2015, is administered through the program on Law and Sustainability at the Sandra Day O’Connor College of Law at Arizona State University. The annual contest awards a $10,000 prize to the author of the most impactful sustainability-related legal academic article published in North America during the previous year. All entries undergo independent review and scoring by a diverse group of full-time law professors who teach in environmental sustainability-related areas at various North American law schools. The scores from these judges are aggregated to determine the prize winner.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 32 of 36 Teaching Program

Master of Environmental Law Environmental Law Subjects Subject Name Lecturer/s Sem Dates Enrolment

Climate Change Law Margaret Young 1 Intensive - 23 Apr

Environmental Law Lee Godden, Jacqueline 2 Intensive - 14 Peel Aug

Native Title Law and Practice Angus Frith 1 Intensive - 4 May

Negotiating Environmental Daniel Bodanski 1 Intensive - 16 Agreements Jun

Planning and Development Law Barnaby Chessell, Adrian 2 Intensive - 15 Finanzio Nov

Space, High Seas, Seabed & Antartic Sam Johnston, René 2 Intensive - 20 Law Lefeber Oct

US Environmental Law and Policy Richard L Revesz 1 Intensive - 17 Mar

Water Law and Natural Resources Lee Godden, Rebecca 1 Intensive - 15 Management Nelson, Erin O’donnell Sep

Master of Energy and Resources Law Energy and Resources Law Subjects Subject Name Lecturer/s Sem Dates Enrolment

Energy Regulation and the Law Terrence Daintith 1 Intensive – 24 Mar

International Mineral Law Stephen Creese 1 Intensive - 23 Aug

International Petroleum Owen Anderson, John 1 Intensive – 26 Transactions Lowe May

Major Project Delivery: Legal Jeremy Chenoweth, Kiri 1 Intensive - 29 Interface Parr Aug

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 33 of 36 Subject Name Lecturer/s Sem Dates Enrolment

Mineral and Petroleum Law Michael Crommelin AO, 1 Intensive - 8 Cameron Rider Apr

Project Finance Peter Fox QC, Michael 2 Intensive - 22 Tuckfield Oct

Resources Joint Ventures Michael Crommelin, 2 Intensive – 7 Cameron Rider Oct

Other subjects Subject Name Lecturer/s Sem Dates Enrolment

Comparative Indigenous Rights John Borrows 1 Intensive - 12 Apr

Construction Risk: Allocation and Tony Horan, Peter Wood 2 Intensive – 22 Insurance Sep

Development, Environment and Alice Palmer, Usha 2 Intensive - 7 International Law Natarajan Aug

Fundamentals of the Common Law Judy Bourke, Erica 1 & 2 Intensive – 7 Grundell, Raelene Feb, Mar, Jul Harrison, Simon Semester McKenzie long

Government Liability Jason Varuhas, Mark 2 Intensive – 13 Aronson Aug

International Law and Sundhya Pahuja, Luis 1 Intensive - 20 Development Eslava May

International Law: Uncensored Hilary Charlesworth, Dino 1 Intensive - 8 History Kritsiotis Jun

International Commercial Richard Garnett, Robert 1 & 2 Semester 26 Arbitration Kovacs long Intensive – Dec

International Economic Law Lauge Poulsen 1 Intensive - 28 Apr

International Legal Internship John Tobin, Bruce Oswald 1 & 2 Semester 0 CSC long Summer & Winter term

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 34 of 36 Subject Name Lecturer/s Sem Dates Enrolment

Investment, Regulation and Sundhya Pahuja, Ruth 1 Intensive – 16 Development Buchanan Apr

Law, Science and Technology James Parker 2 Intensive - 22 Nov

Law and Public Administration Jason Varuhas, Richard 1 Intensive – 29 Rawlings FLAW Mar

Payment Matters in Construction John Baartz, David 1 Intensive - 24 Projects Campbell-Williams May

Principles of Construction Law Matthew Bell 1 & 2 Intensive – 43 Feb & Aug

Principles of International Law Sundhya Pahuja, Gerry 1 & 2 Intensive – 42 Simpson Mar & Sept

Public Private Partnerships Law Owen Hayford, Colin 1 Intensive - 24 Duffield Jun

Planning and Building Sustainable Jody Williams, Ilsa Kuper 2 Intensive - 15 Cities: The Legal Interface Oct

Regulating Global Markets Margaret Young, Andrew 2 Intensive - 18 Lang Dec

JD and Breadth Subjects Subject Name Lecturer/s Sem Dates Enrolment

Environmental Law Brad Jessup 2 Jul - Aug 27

Sustainability Business Clinic Brad Jessup 1 Intensive – 10 Jul

Law and Indigenous Peoples Kirsty Gover 1 Feb – May 54

Environmental Rights and Brad Jessup 2 Mar - Jun 62 Responsibilities

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 35 of 36

Centre for Resources, Energy and Environmental Law (CREEL)

Contact us Connect with us Melbourne Law School facebook.com/law.creel The University of Melbourne twitter.com/unimelb_CREEL Victoria 3010 Australia

+61 3 9035 7704 [email protected] for Resources, Energy and Environmental Law (CREEL) | Annual Report Page 36 of 36