— Centre for Resources, Energy and Environmental Law (CREEL) Melbourne Law School Annual Report 2019

2019

Contents

Welcome 3 Our Purposes 3

Our Objectives 3

Director’s Report 4 Research 5 Research Project Highlights 6 Research Supervision 14 Research Visitors 16 Teaching 19 Master of Environment Law 20 Master of Energy and Resources Law 20 JD and Breadth Subjects 22 Impact and Engagement 23 Events 24 Consultancy Works 32 Awards 34 Media Mentions 34 Presentations at Conferences 35 & Seminars Our Members and Publications 42 Director and Associate Directors 43 Faculty Members 47 Advisory Board Members 58

Welcome The Centre for Resources, Energy and Environmental Law (CREEL) is a long-standing research centre at the Melbourne Law School; established in 1986. CREEL brings together a diverse group of legal scholars, many of whom have interdisciplinary expertise, whose research spans environmental law (with a strong emphasis on international environmental law), climate change and energy law, natural resources laws, water law, mineral and petroleum law, Indigenous peoples’ rights and interests in lands and waters, native title, agreement- making and taxation and finance associated with major projects, disaster law and risk management, as well as legal geography, environmental justice, and the jurisprudential theories that are associated with environmental law and natural resources. CREEL researchers include leading experts in their respective fields, with CREEL academics having a strong record in publications, as well as the attainment of Australian Research Council funding and consultancy projects. The Centre has an active engagement and impact profile with a history of public interest research, including many submissions to government and industry, as well as working with community groups; including Indigenous communities. CREEL has been fortunate to have a very active PhD cohort over the years with many CREEL students contributing across a wide spectrum of CREEL research areas. Until 1996 the Masters’ teaching program associated with the Centre 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 2008, the LLM teaching program was re-structured, and the current Master of Environmental Law and the Master of Energy and Resources Law courses were developed. The CREEL teaching program has continued to expand its subject offerings with many international scholars participating in the courses.

Our Purposes

CREEL promotes research, teaching and publication on the legal, regulatory and policy frameworks that engage with: • the production and distribution of energy, including 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.

Our Objectives

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 encourages professionals from industry, investment institutions, government and universities in Australia and overseas to participate in the Centre’s activities.

Page 3 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Director’s Report Welcome to the Annual Report for the Centre for Resources, Energy and Environmental Law (CREEL) in 2019. CREEL has continued to expand its horizons in research, impact and engagement, and in our teaching program in 2019. Research In 2019 there was a strong focus on emerging research, such as food and sustainability, financial regulation and climate change, planning law and environmental justice, and waste and environmental regulation, alongside CREEL’s well established research directions in areas such as minerals and energy [including renewable energy], constitutional law, taxation, native title and Indigenous peoples’ rights, water law, and a wide spectrum of international environmental law, including climate change law of the sea and trade law. The year has been marked by research underway in several externally funded research projects undertaken by CREEL academic staff. In 2019 new research projects both Australian Research Council and other externally funded projects were initiated; including a major consultancy project for the South Pacific Regional Environment Program involving CREEL academic and professional staff –full details of these and other research are to be found later in this report. CREEL’s success in attracting a wide range of research funding is indicative of the high standing of research within the Centre. Above all, CREEL members have produced an amazing range of publications and other research outputs. The quality of CREEL scholarship and publication has been recognised in various ways. This year saw the prestigious American Society of International Law award a Certificate of Merit in Specialised area of International Law to 4 CREEL co-authors of the book, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press 2018). We would also like to record Prof. Sundyha Pahuja’s recognition as a Fellow of the Australian Academy of Social Sciences. CREEL welcomed a new group of Graduate Researchers in 2019, and the diversity and depth in the PhD topics that they are pursuing is evidence of the vibrancy of the research culture. Engagement The Centre has been fortunate this year in having five international research visitors who have enriched the life of the Centre. Our visitors included: Prof. Lavanya Rajamani, Assoc Prof. Neil Craik, Prof. Stepan Wood, Assoc Prof. David Takacs and Jean Monet Professor, Nicolas de Sadeleer. The many visitors have shared their research and scholarship in a wide range of seminars from Climate change and the Paris Agreement to the circular economy and waste which has continued CREEL’s long standing profile in making scholarship readily available to researchers and the general public. CREEL has sponsored or co-sponsored a wide range of seminars and workshops in 2019; the details of which appear later in this report. We have benefited from the many CREEL Academics and Graduate Researchers who have delivered lectures, seminars and workshops within CREEL, the university and in diverse national and international conferences and participated in conferences, blogs, media mentions etc, those are listed within this report. Staff engagement Finally, CREEL is fortunate in being able to interact with academics from other law research centres and to engage with interdisciplinary centres across the University of Melbourne. The CREEL centre administrator is a vital part of maintaining the research and professional linkages among many other tasks that keep CREEL moving forward. Personal thanks to Esther Taylor who was the very effective CREEL administrator for the first part of the year before departing to pursue opportunities in Denmark, and to Astari Kusumawardani who has so quickly and efficiently taken over that role in the second half of 2019.

Professor Lee Godden, Director

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 4 of 59 Research

Research Project Highlights Research Supervisions Research Visitors

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Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 5 of 59

Research Project Highlights

Accessing Water to Meet Aboriginal Economic Development Needs Regulating Food Labels: The Case of Free Range Food Products in Australia Property as Habitat: Reintegrating Place, People and Law Legal Dimension of Climate Change Devising a Legal Blueprint for Corporate Energy Transition EME Support/ Evaluation of ClientEarth Phase 2

Image: Reedy Swamp. Photo by Erin O’Donnell

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 6 of 59

Research Project Accessing Water to Meet Aboriginal Economic Development Needs

Economic Development’ program supported by a $5M investment from the Victorian State Government, (see Action 6.3 Water for Victoria Plan). Commencing in December 2018, the project is now in its final stages. Throughout all stages, Victorian Traditional Owner groups who are participants or interested in developing, water- related projects have been resourced to participate and contribute their views. Workshops and ‘hands on’ exercises have been Right Image: Gunditjmara eel aquaculture an important part of the project; guided by Photo by Erin O’Donnell feedback from participants. The information and reports developed through the project will be Members of the project team: made available to all First Nations to help build Will Mooney, Executive Officer, MLDRIN knowledge and confidence in accessing and using Dr Moragh Mackay, Senior NRM Policy Advisor Dr Erin O’Donnell, Melbourne Law School water resources.

The ‘Accessing water to meet Aboriginal Community building: economic development needs’ (water access) The project is a means: project builds on the National Cultural Flows • To build two-way capacity between Research Project (2018) with CREEL Researchers Traditional Owners and Aboriginal people, involved in stage 5 of that project. The current and water sector partners to enhance project is designed to assist First Nations to participation in water-related government answer key questions about accessing and using and commercial decision-making by First water for economic development as well as Nation groups. contributing to innovative policy to recognise • To enable Traditional Owners and Aboriginal Aboriginal water rights. people to derive benefit from cultural Key Issues are: economy practices and products related to water. • How can Traditional Owners access water? • To improve institutional arrangements to • How can water be acquired or transferred better enable Traditional Owners and to Traditional Owner organisations? Aboriginal people to have greater • What are the appropriate governance participation in and influence over water frameworks to hold and manage water? policy planning and management decisions.

The ‘Water Access’ project is a collaboration between the Murray Lower Darling Rivers Left Image: First Indigenous Nations (MLDRIN) and the Federation Peoples MM of Victorian Traditional Owner Corporations Horseshoe Lagoon (FVTOCs). The project forms part of the Photo by Erin ‘Roadmap for Aboriginal Access to Water for O’Donnell

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 7 of 59 Research Project Regulating Food Labels: The Case of Free Range Food Products in Australia ARC Discovery Project (2016-2019). Funding: $383,900 Approved” or “free range” label certification. And most ham, bacon and pork products are labelled and certified “sow stall (or gestation crate) free.” Major supermarkets heavily market their animal welfare endeavours and consumers clearly want to buy higher animal welfare products. But consumer and animal advocate groups have criticized these labels as misleading. The Australian consumer protection regulators has Photo by Project Team even taken a number of successful enforcement Consumers are often encouraged to “vote with actions against misleading advertising of animal their fork” and “say no” to unhealthy, welfare credentials. unsustainable and unfair food. Food packaging is typically littered with claims about the nutrition, Our research asked two questions. First, has the ethics and social goods associated with the rise in animal welfare labelling given citizens product inside. Claims like “organic”, “GMO free”, more say over animal welfare in farm animal “fair trade”, and “anti-biotic free” are common. production? Activists often argue that food But can consumer preference base labelling make labelling will make food businesses more a difference to the health, sustainability and transparent and accountable to individual ethics challenges facing the food system? citizens, and thus allow citizens to make better choices to improve the whole food system. The Governments, civil society groups and industry all research found that as animal welfare labelling act as if label claims make a big impact on increased in Australia, this also led to increased consumers and food businesses. Governments public discussion and more in depth mandate that certain safety and nutritional understanding of animal welfare issues reflected information should be displayed on food labels. in news media, public policy processes and Public health advocates campaign for mandatory consumer campaigns. Perhaps more significantly, disclosure of more information (like added the research also found that the influence of sugars) hoping it will nudge both consumers and consumers on animal welfare practices was businesses towards healthier options. Businesses largely mediated and controlled by Australia’s use label claims to promote themselves as ethical two major supermarkets and other food retailers. and environmentally responsible. A plethora of other groups have put forward their own The second question was whether labelling independent certifications and trademarks. changed production practices to improve animals’ lives? The research found that the Professor Christine Parker and colleagues at the widespread adoption of higher animal welfare University of Melbourne conducted a three year labels by supermarkets led to a very small research project evaluating ethical food labelling, improvement in the conditions for pigs, layer using animal welfare and “superfood” label hens and meat chickens. However, it did not and claims as case studies. In Australia, like the US, cannot create the holistic and systemic changes animal welfare labelling is now pervasive on the necessary address welfare and public health supermarket shelf. About half the eggs sold in concerns with large scale intensive confined Australian supermarkets are now labelled “free animal agriculture. This is because supermarkets range”. Most chicken meat carries an “RSPCA require very large scale supply and very low

Page 8 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 prices. Labelling aimed at consumer preferences expect consumer preferences to adequately can therefore only tweak the mainstream system. protect animals and environmental sustainability. The label claims on animal products are created Labels often focus on improving only a single by retailers and producers whose business it to dimension of animal farming without changing sell more of their products. While many in the overall system. The researchers found that business may genuinely want to do the right “housing reductionism” is particularly common thing, they also have a conflict of interest. They on animal welfare labels. Industry improves one want consumers and activists to believe that we aspect of animal confinement, for example can contribute to a kinder gentler world by getting rid of gestation crates for pigs or cages for consuming their ethically labelled products. This hens. But they do not address other aspects of is not enough. It is also important for democratic confinement such as farrowing crates (for government agencies to actively regulate and birthing and weaning piglets) and mating stalls enforce what is disclosed on labels and what for sows or very crowded barns for hens. Nor do different terms mean. they address other aspects of intense animal production that cause welfare and public health Researchers and food system advocates can concerns, such as lack of space and enrichment assist by identifying and calling out misleading for animals in and out of barns to engage in labels to help hold researchers accountable. As healthy natural behaviors. Nor do they address citizens and activists we also need government to conditions that give rise to the overuse of set baseline standards for business practice that antibiotics and the creation of superbugs, unsafe enable good animal welfare, environmental working conditions during slaughter and sustainability and public health to ensure a good processing of animals, and pollution and food system for everyone. emissions from factory farms.

It is great for consumers to think ethically about Key members of the project team: what we buy and eat. But it is unrealistic to Chief Investigators: Professor Christine Parker and Dr Gyorgy Scrinis. Research Fellow: Dr Rachel Carey

Food Labelling Panel Eds Professor Christine Parker, Melbourne Law School

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 9 of 59 Research Project Property as Habitat: Reintegrating Place, People and Law ARC Discovery Project: 2019-2021. Funding: $360,000

This project aims to produce an original account of property law that will connect it to place and

human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative

analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to Professor Lee Godden produce an understanding of property as habitat Melbourne Law School that is both sensitive to place and adapted to social and environmental conditions. Expected benefits include a responsive understanding of property that is better able to address the challenges of Australian society into the future.

Team Members: Lee Godden (Melbourne Law Professor Margaret Davies School), Margaret Davies (College of Business,

Flinders University Government and Law, Flinders University) and Nicole Graham (Sydney Law School)

Impact: The project started in mid-2019 with a planning and research strategy meeting in July that covered plans for a project co-authored book and an edited collection. The project is planning a workshop and conference as part of its project outcomes.

Associate Professor Nicole

Graham Sydney Law School

Page 10 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Research Project Legal Dimension of Climate Change Melbourne Sustainable Society Institute (MSSI): 2019-2021. Seed Funding: $15,000

The project aims to develop an analysis of climate risk as a critical concept in interdisciplinary research that is relevant to transformations in climate change law, regulation and policy in the international and national spheres. This project will undertake a regulatory network theory analysis of the manner in which climate risk has diffused across legal fields and models in a situation of weak international and national policy orientation on climate change and energy regulation.

Team Members: Professor Lee Godden, Professor Christine Parker, Fiona Haines (Criminology UoM), Professor Jacqueline Peel, Associate Professor Margaret Young, Dr Rebecca Nelson, Dr Anita Foerster (Monash Sustaibility) and Paul T Beaton (Research Assistant)

Impact: • The research on climate risk will be the basis for a peer-reviewed article and a web-based short form report. • Data from the content analysis will be presented as an interim project finding and made available to MSSI researchers as relevant and to external stakeholders. • Workshop presentation (external) will provide analysis of regulatory and ‘informal’ governance of climate risk on an interim basis to seek feedback from relevant external stakeholders in the public and private sector. External stakeholders will be identified from MSSI/ CREEL networks, CREEL and through the literature review and content analysis.

Page 11 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Research Project Devising a Legal Blueprint for Corporate Energy Transition ARC (2016-2020). Funding: $293,000

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.

Team Members: Jacqueline Peel, Brett McDonnell (partner investigator, University of Minnesota Law School), Hari Osofsky (partner investigator, Penn State Law), Anita Foerster (Senior Research Associate (until Feb 2019), Rebekkah Markey-Towler (research assistant 2020)

Output: Energy Re-Investment Climate Change is a Financial Risk, According to Journal Article I 2019 a Lawsuit against the CBA J Peel, H Osofsky, B McDonnell, A Foerster, News Article I 2018. Indiana Law Journal J Peel, A Foerster Theconversation.com, 15 August 2017 Governing the Energy Transition: the Role of Corporate Law Tools Keeping Good Company in the Transition to a Journal Article I 2019 Low Carbon Economy? An Evaluation of Climate J Peel, H Osofsky, B McDonnell, A Foerster, Risk Disclosure Practises in Australia Thomson Reuters Journal Article I 2017. J Peel, A Foerster, H. Osofsky, B. McDonnell, Rio Tinto’s Climate Change Resolution Marks a Company and Securities Law Journal, Thomson Significant Shift in Investor Culture Reuters Journal Article I 2018. J Peel, A Foerster US Fossil Fuel Companies Facing Legal Action for Misleading Disclosure of Climate Risks: Could it Happen in Australia? Journal Article I 2017. J Peel, A Foerster, Australian Environment Review

Page 12 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Research Project

EME Support/ Evaluation of ClientEarth Phase 2 Contract research (2018-2021). Funding: USD$550,000

This research evaluates the impact of litigation brought by ClientEarth under its Strategic Climate Litigation Program for Europe and its work on environmental governance in China. Team Members: Jacqueline Peel (team leader), Hari Osofsky (co-team leader), Jolene Lin (China expert)

Output: Children’s Investment Fund Foundation: ClientEarth Phase 2 Investment – Mid-line Evaluation Report Report I 2019 J Peel, H Osofsky, J Lin, (University of Melbourne publication)

Litigation as a Climate Regulatory Tool Book Chapter I 2019 J Peel, H Osofsky, C Voight, International Judicial Practice of the Environment: Questions of Evaluation team presentation to Supreme Legitimacy, Cambridge University Press People’s Procuratorate, Beijing, China, April 2019

Conferences: Title: Climate Change Litigation Conference name: Presentations to Supreme People’s Procuratorate and Supreme People’s Court, Beijing Month: April 2019

Title: Convenor Conference name: Focus group on impact of strategic climate litigation Month: June 2019

Evaluation team presentation to Supreme People’s Procuratorate, Beijing, China, April 2019

Left: Evaluation team presentation to Supreme People’s Court judges, Beijing, China, April 2019

Page 13 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Research Supervisions Graduated or completed in 2019 Laura Schuijers Josi Khatarina The Capacity of the Legal System to Manage Decentralisation, Law, and the Failure of Palm Oil Environmental Risk Through Environmental Licensing in Indonesia Impact Assessment (EIA): A Study on Natural Gas Supervisors: Professor Tim Lindsey and Professor Fracking Margaret Young Supervisors: Professor Margaret Young and Professor Jacqueline Peel

New Students enrolled in 2019 Alexis Ian Dela Cruz Sebastian Rioseco The Imperial Sea: Imaginaries of ocean rule of law The Influence of Conferences of the Parties of the and development Content and the Implementation of Their Parent- Supervisors: Professor Sundhya Pahuja and Treaties Professor Margaret Young Supervisors: Professor Margaret Young and Professor Hilary Charlesworth Xiaoxuan Chen Coastal Management, Community Resilience, and Samantha Tang the Law: A Comparative Analysis of Shandong Shareholder Power and the Public Interest Province in China and the State of Victoria in Supervisors: Professor Christine Parker and Australia Professor R Langford Supervisors: Professor Margaret Young and Professor Sarah Biddulph Ella Vines Polycentric Governance of Climate Change and

Potential Implications for Coal Extraction and Vernon Rive Consumption Scattered laws, scattered lives: a regimes analysis Supervisor: Professor Jacqueline Peel and of legal and policy responses to climate change- Professor Margaret Young related displacement, migration and relocation in

Oceania Supervisors: Professor Margaret Young and Professor Michelle Foster

Richard Hainbach Renewable Energies in International Trade and Investment Law Supervisors: Professor Jurgen Kurtz and Professor Margaret Young

Juliette McIntyre Procedures of the International Court: Theory, Function and Practice Supervisors: Professor Hillary Charlesworth and Professor Margaret Young

Page 14 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Ongoing Supervision Alice Palmer Supervisor: Professor Jacqueline Peel The Aesthetics of Image in International Environmental Law Penelope Gleeson Supervisors: Professor Lee Godden and Professor Dope, Drugs, and Devices: The Political Legitimacy Shaun McVeigh of Therapeutic Goods Regulation in Australia Supervisors: Professor Christine Parker and James Bond Associate Professor M. Taylor Sands The Materiality of Expertise Supervisors: Dr Brian Cook and Professor Lee Mohammad Islam Godden Crafting Legal and Institutional Frameworks for groundwater resources of Bangladesh: From Ashleigh Best Overexploitation to Sustainable Abstraction Animals, Disasters and Legal Status: Contributing Supervisors: Professor Lee Godden and Associate to and Correcting Vulnerability Professor Rebecca Nelson Supervisors: Professor Christine Parker and Professor Lee Godden Sophie Lamond Campus Food Revolutions: Investigating Policy Lev Bromberg and Projects for Food System Transformation in Australian Farm Animal Welfare Regulation: US Universities Preventing Unnecessary Suffering, Providing Supervisors: Professor Christine Parker and Animals with a Life Worth Living, or Neither? Professor John Howe Supervisors: Professor Christine Parker and Professor Tess Hardy Daria Vasilevska Pollution of the Marine Environment by Plastic: Nicholas Ampt Comparative Approach in International, European Zoorisprudence: How Should the Law treat and Comparative Law Animals? Supervisor: Professor Margaret Young and Supervisor: Professor Christine Parker and Professor S. Maljean-Dubois Professor K. Jones

Ma. Niña Blesilda Araneta-Alana Climate Finance and the Philippines: A Legal and Critical analysis of rules, Institutions and Structures Supervisor: Professor Margaret Young and Professor Sundhya Pahuja

Sarah Barker Director’s Liability for Corporate Responses to Climate Change A Comparative Study of Australian, US and UK Law

Page 15 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Research Visitors Professor Lavanya Rajamani in the fields of international and Canadian Centre for Policy Research, New Delhi environmental law. His current research examines the legal structure of global commons regimes. Professor Craik has particular interests

in climate and geoengineering law and governance, deep seabed mining regulation and environmental impact assessment. He currently co-convenes the Legal Working Group on Liability for Environmental Harm from Activities in the Lavanya Rajamani is professor at the Centre for Area. He is the author/editor of several books, Policy Research, New Delhi. Lavanya is an expert including Global Environmental Change and in the field of international environmental and Innovation in International Law, (Cambridge climate change law. She has authored several University Press, 2018), Climate Change Policy in books and articles in this field. Her latest co- North America: Designing Integration (UTP, authored book, International Climate Change Law 2013), Public Law: Cases, Materials and (OUP, 2017), won the 2018 ASIL Certificate of Commentary (Emond Montgomery, 2011) and Merit in a Specialized Area of International Law. The International Law of Environmental Impact She delivered a prestigious Hague Academy Assessment: Process, Substance and Integration Special Course on the International Climate (CUP, 2008), in addition to numerous book Change Regime in July 2018. She has also served chapters and journal articles. He is a Senior as Rapporteur of the ILA Committee on Legal Fellow at the Centre for International Principles Relating to Climate Change(20082014) Governance Innovation (CIGI), Co-director of the and as a consultant to the UNFCCC Secretariat, a BSIA/CIGI International Law Summer Institute negotiator for the Alliance of Small Island States, and from 2011 to 2017, Professor Craik served as and a legal adviser to the Chairs of Ad Hoc the Director of the School of Environment, Working Groups under the FCCC. She was part of Enterprise and Development at the University of the UNFCCC core drafting and advisory team for Waterloo. the Paris Agreement. Seminar: Solar Geoengineering Research and the Seminar: The Making (and Unmaking?) of the Technologies of Common Concern, April 2019 2015 Paris Agreement, March 2019 Professor Stepan Wood Associate Professor Neil Craik University of British Columbia, Canada University of Waterloo, Canada

Professor Stepan Wood holds the Canada Research Chair in Law, Society and Sustainability Neil Craik is an Associate Professor at the at the Peter A. Allard School of Law, University of University of Waterloo with appointments to the British Columbia, in Vancouver. He directs the Balsillie School of International Affairs and the Centre for Law and the Environment and School of Environment, Enterprise and coordinates the Specialization in Environmental Development, where he teaches and researches

Page 16 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 and Natural Resource Law. He leads the Professor de Sadeleer is Professor of EU law at interdisciplinary Transnational Business the University of Saint - Louis, Brussels. He Governance Interactions (TBGI) research recently has been reappointed as a Jean Monnet network, which examines competition, Chair in the EU in the area of Environmental Law. cooperation, coordination, and conflict in Formerly held a Marie Curie Chair at the transnational business governance. He is lead University of Oslo. Professor de Sadeleer held a editor of Transnational Business Governance Jean Monnet Chair on Trade and Environment in Interactions: Advancing Marginalized Actors and 2010-14. He has been a guest professor at Enhancing Regulatory Quality (Edward Elgar, different African, Australian, Asian, Latin forthcoming). His coauthored book, A Perilous American and North American Universities. He Imbalance: The Globalization of Canadian Law was appointed in 2017 Distinguished and Governance (UBC Press, 2010), was International Visiting Professor at the University shortlisted for the Donald Smiley award for best of Canberra, Australia. He cooperates with more book on Canadian politics. Professor Wood is the than 20 universities across the EU. Professor de founding cochair of Canada’s Willms & Shier Sadeleer is the author of 11 books and has Environmental Law Moot, ViceChair of the written many articles on EU environmental law, Canadian national committee on environmental free movement of goods, internal market and EU management systems standards, and a lead tax law. Canadian negotiator of the ISO 14001 and 14004 Seminars: Restriction Placed by The EU and Its standards. He holds an LLB from Osgoode Hall Member States on Glysophate and Law School, York University (Toronto) and an SJD Neonicotinoids: How to Regulate In the Face of from Harvard. He was a law clerk to the Supreme Uncertainty?; EU Environmental Liability Court of Canada and practised law with White & Directive: the extent to which the polluter should Case in New York. Prior to joining the Allard pay; The Circular Economy: from take-back School of Law in 2017, he was Professor and York obligations to the producer responsibility, August Research Chair in Environmental Law and Justice 2019 at Osgoode, where he was also EditorinChief of the Osgoode Hall Law Journal, Coordinator of the JD/Master in Environmental Studies joint Professor David Takacs program, and founding codirector of Osgoode’s University of California Hastings College of the Environmental Justice and Sustainability Clinical Law, San Francisco Program. He has held visiting appointments around the world, including at the University of Verona, BarIlan University, the European University Institute, University of Melbourne, Monash University and Northwestern University. Seminar: Advancing Marginalised Actors and Regulatory Quality in Transnational Governance, David Takacs is a Professor of Law at the May 2019 University of California Hastings College of the Professor Nicolas De Sadeleer Law in San Francisco. In addition to his JD, he University of Saint-Louis, Brussels holds an LL.M. from the School of Oriental & African Studies at the University of London, and a BS (Biology), MA, and PhD (Science & Technology Studies) from Cornell University. His scholarly work addresses carbon offsetting, biodiversity conservation law, the Public Trust Doctrine, and the human right to water. He is the author of the

book The Idea of Biodiversity . In 2017, he

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 17 of 59 received the Rutter Award for Outstanding Law. Before joining CUHK, Professor Dias Simões Teaching at UC Hastings, where he currently taught for 14 years in universities in Macau and holds the John & Lillian Hastings Research Chair. Portugal; in addition, he practiced in a major law firm and served as in-house counsel to a water Teaching: Biodiversity Law concessionaire company in his native Portugal. Seminar: Making Koalas Fungible: biodiversity His research interests include international offsetting and the law, September 2019 adjudication (in particular, commercial and investment arbitration), investment law, and comparative contract law. He is fascinated by the Associate Professor Fernando Dias Simões idea of international arbitration as more than a Chinese University of Hong Kong, Hong Kong simple dispute settlement mechanism:

arbitrators are private service providers, and arbitration a market. However, this ‘market’ is undergoing profound changes, particularly in the field of investment arbitration. In his ongoing

research projects Professor Dias Simões questions whether this phenomenon is evidence Professor Dias Simões is Associate Professor at of simple growing pains or, more than that, of a the Faculty of Law of the Chinese University of true identity crisis. Hong Kong since January 2019. He currently serves as Deputy Programme Director of the Seminar: Renewable Energy and regulatory Master of Laws (LLM) in International Economic (In)stability, December 2019

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 18 of 59 Teaching

Master of Environment Law Master of Energy and Resources Law JD and Breadth Subjects

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

Biodiversity Law David Takacs 2 Intensive - Sep

Climate Change Law Margaret Young 1 Intensive - May

Disaster Law and Climate Lee Godden, Anita 2 Intensive - Oct Adaptation Foerster

Environmental Rights Alice Palmer 2 Intensive – Oct

International Environmental Law Jacqueline Peel, Sam 1 Intensive - Mar Johnston, Alice Palmer

Politics of Transnational Regulation Stepan Wood 1 Intensive - May

Water Law and Natural Resources Lee Godden, Rebecca 1 Intensive - Jun Management Nelson, Erin O’Donnell

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

Energy Regulation and the Law Terence Daintith 1 Intensive - Mar

Energy Resources in Emerging Paul Stephan 1 Intensive - Apr Markets

International Mineral Law Stephen Creese, Scott 1 Intensive - Jul Langford

International Petroleum Owen L Anderson 1 Intensive - May Transactions

Major Project Delivery: Legal Jeremy Chenoweth, Kiri 1 Intensive - Jul Interfaces Parr

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

Project Finance Peter Fox, Michael 2 Intensive - Oct Tuckfield

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 20 of 59

Subject Name Lecturer/s Sem Dates

Resources Joint Ventures Michael Crommelin AO, 2 Intensive - Oct Cameron Rider

General MLM Subjects

Subject Name Lecturer/s Sem Dates

Comparative Indigenous Rights John Borrows 1 Intensive - Apr

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

Entertainment Law Megan Richardson, David 1 Intensive - Jun Caudill

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

Human Rights and Climate Change Lavanja Rajamani 1 Intensive - Jul

International Commercial Richard Garnett 1 Intensive - Nov Arbitration

International Economic Law Tomer broude, Elizabeth 1 Intensive - Feb Sheargold

International Law Jarrod Hepburn, Sundhya 1 Intensive – Mar, Jul Pahuja, Matthew Craven

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

International Legal Internship Bruce Oswald CSC, John 1 & 2 Semester long Tobin

International Sustainable Finance Jan Job de Vries Robbé 1 Intensive - Mar

Law of the Sea Margaret Young, Sam 2 Intensive - Oct Johnston

Law, Science and Technology: In James Parker 2 Intensive - Nov Global Context

NGOs and International Jenny Beard, Ann 1 Intensive - May Development O’Connell

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 21 of 59 Subject Name Lecturer/s Sem Dates

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

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

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

Public Private Partnerships Law Owen Hayford, Ilsa Kuiper 1 Intensive – Jun

JD and Breadth Subjects

Subject Name Lecturer/s Sem Dates

Environmental Law Alice Palmer 2 Jul - Oct

Sustainability Business Clinic Brad Jessup 1 Intensive – Jul

Legal Research Brad Jessup 1 Mar - Jun

Legal Research Christine Parker 2 Jul - Oct

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 22 of 59 Engagement

Events Awards Consultancy Works Media Mentions

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Page 23 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019

Events Sites of Justice and Injustice The Making (and Unmaking?) of This lecture, delivered by Associate Professor the 2015 Paris Agreement Jennifer Balint, examines a range of sites of The seminar provided an insider perspective on articulations of injustice and the seeking of the making of the Paris Agreement, and an justice, from the British High Court of Justice that insight into the challenges and opportunities in heard claims of abuse by former members of the the emerging climate change regulatory Mau Mau under the colonial state in Kenya, the framework. Andrew led the UNFCCC core ACT Supreme Court that was used to hear claims drafting and advisory team for the Paris of genocide by the Aboriginal Embassy, La Mama Agreement, of which Lavanya was a part. Andrew Theatre and other locations of the reactivation of and Lavanya engaged in a conversation with the 1881 Coranderrk Parliamentary Inquiry as participants on the following: contemporary verbatim theatre, and a walking tour of the city of Yogyakarta led by former political prisoners, for Indonesian and Australian • milestones - political, legal, and students. It considers how justice claims move substantive - on the road to the Paris between different sites, and both are constituted Agreement by and challenge these as sites of injustice. It asks • process of drafting compromise text at what this seeking out of justice and injustice Paris, in particular tools and techniques looks like from the vantage of the university. to draft an agreement in the sweet spot Reactivating claims, in multiple spaces, can create between the criss-crossing red lines of new sites of public engagement and means of Parties redress. Paying attention to how claims are • post-Paris developments including the made, collaboratively – the lived testimonies that announced US withdrawal from the Paris they contain- must be where we start, in order to Agreement, and the adoption of the identify and make visible the structural harms Katowice Rulebook necessary of redress. • the world of climate action by non-state This event is part of 2019 Australian Legal and sub-state actors catalyzed by the Geography Symposium and co-hosted with ILLAH. Paris Agreement Speakers: Andrew Higham, Chief Executive Speaker: Associate Professor Jennifer Balint Mission 2020; Professor Lavanya Rajamani, 21 February 2019, 4pm – 4.30pm, Walter Boas Centre for Policy Research, New Delhi Building, Melbourne School of Government 12 March 2019, 1 – 2pm, Melbourne Law School

Image: La Mama Theatre in Carlton Image: City of Paris. Photo by Rob Potvin

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 24 of 59

Solar Geoengineering Research and Advancing Marginalised Actors and the Technologies of Common Regulatory Quality in Transnational Concern Governance Solar geoengineering as a potential response to climate change is receiving increasing scientific From agriculture to sport and from climate and policy attention. change to indigenous rights, transnational Solar geoengineering technologies propose to regulatory regimes and actors are multiplying and cool the Earth’s temperature by reducing the interacting, with a range of beneficial and detrimental effects. amount of radiative energy absorbed by the This talk presented the results of an Earth through methods that scatter or reflect interdisciplinary research project that sunlight back to space. The conduct of solar investigates whether, how and by whom geoengineering research is highly controversial “transnational business governance interactions” due to the potentially severe and unevenly (TBGIs) can be harnessed to improve the quality distributed environmental risks associated with of transnational regulation and advance the solar geoengineering technologies as they scale- interests of marginalized actors. Drawing on a up. forthcoming edited book, the talk integrates In this seminar, Associate Professor Neil Craik concepts of interaction, marginalization, presented his paper that explores legal regulatory quality and regulatory capacity into a possibilities and implications of identifying framework for studying transnational technologies of common concern, using solar governance, explores selected examples of geoengineering as an example. productive and unproductive TBGIs, and Speaker: Associate Professor Neil Craik, identifies opportunities for—and obstacles to— University of Waterloo, Canada mobilizing TBGIs to enhance regulatory quality and empower marginalized actors in 2 April 2019, 1-2pm, Melbourne Law School transnational business governance. The topic may interest scholars of law, regulation, business, politics, governance and society, as well as policymakers, civil society actors and Speaker: Professor Stepan Wood, Peter A. Allard School of Law, UBC, Canada 23 May 2019, 1-2pm, Melbourne Law School

Professor Neil Craik presenting at the Melbourne Law School

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 25 of 59 Workshop on Trends in Climate Restriction Placed by the EU and Litigation: Public, Private and Its Member States on Glysophate Global and Neonicotinoids: How to Regulate In the Face of This workshop brought together diverse Uncertainty? stakeholders from industry, academia and civil society to consider trends in climate change Over 280,000 chemicals are being used but only litigation in Australia and globally. Panels a few dozen are prohibited or restricted. canvased the scientific, economic and policy Aiming at reducing health and environmental drivers for the emergence and growth of climate risks, the EU chemicals policy has traditionally litigation before considering the achievements of been related to a general preference for a Australia’s ‘first wave’ of climate change litigation certainty-seeking regulatory style in which a (still ongoing) focused on challenging coal power. formal, science-based, and standardized risk Later panels examined the prospects for a assessment has been singled out as the ‘second wave’ of climate litigation focused on predominant tool for decision-making. While risk corporate accountability for climate risk assessments draw extensively on science, data is disclosure and harm caused by greenhouse gas often incomplete and results may be unclear or pollution, as well as new areas and geographies contradictory. Indeed, as it is difficult to establish for climate litigation, including in the Global causal links between exposure to chemicals and South. health or environmental effects, there is generally a significant degree of uncertainty in Speakers: estimates of the probability and magnitude of • Jacqueline Peel, Melbourne Law School • Professor Hary Osofsky, Penn State Law School adverse effects associated with a chemical agent. and School of International Affairs As far as EU law is concerned, the precautionary • David Karoly, CSIRO principle is located within the broader context of • Andrew Higham, Mission 2020 risk analysis. Endocrine disrupting substances, • Simon O’Connor, Responsible Investment Glysophate, and neonicotinoids are sparking off Association Australiasia • Matt Floro, EDO NSW much social debate. Invoking the precautionary • Sean Ryan, EDO QLD principle, several EU Member States are adopting • Samantha Hepburn, Deakin Law School restrictions on these substances, that are • Andrew Korbel, Corrs challenged in the courts. The speaker • Sarah Barker, Minter Ellison underscores the influence exerted by that • David Barnden, Equity Generation Lawyers principle in the case law of EU and domestic • Nicole Rogers, Southern Cross University • Jolene Lin, NUS Law School courts regarding the regulation of chemical • Rosemary Lister, Sydney Law School substances in general, biocides and pesticides. • Chris McGrath, Barrister, Higgins Chambers Speaker: Professor Nicolas de Sadeleer,

University of Saint-Louis, Brussels 22 July, Day Workshop, Melbourne Law School 22 August 2019, Melbourne Law School

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 26 of 59 EU Environmental Liability The Circular Economy: from take- Directive: the extent to which the back obligations to the producer polluter should pay responsibility

The EU 2004/35/EC directive on environmental As the author of a landmark book on EU waste liability (ELD) is ‘founded’ on the polluter-pays law, the speaker highlighted the key legal challenges of the new circular economy. principle, and that principle has been invoked to In embarking on a major reform of EU waste law, justify a strict liability regime. Given that the ELD and the regulation of plastic, the EU institutions ventures into highly sophisticated national legal have been stimulating Europe's transition and doctrinal traditions, it comes as no surprise towards a circular economy. The new Waste that in spite of a lengthy gestation period it has Management Rules set clear targets for reduction left a flurry of unresolved conceptual puzzles. of waste and establish an ambitious and credible Against this background, the speaker discussed long-term path for waste management and the EU case law regarding the strict liability of recycling entered into force in July 2018. Take- operators and owners of contaminated lands. back obligations are thus reinforced, but the Producer Responsibility has to be fleshed out. Lately, the EU lawmaker adopted a directive Speaker: Professor Nicolas de Sadeleer, aiming at limiting plastics waste, targeting in University of Saint-Louis, Brussels particular the 10 single-use plastic products most 27 August 2019, Melbourne Law School often found on Europe's beaches and seas. This seminar is co-hosted with Sustainability Australia. Speaker: Professor Nicolas de Sadeleer, University of Saint-Louis, Brussels 27 August 2019, 3-4pm, Sustainability Victoria, Melbourne

Supporting Personhood: an examination of the evolving relationship between the legal person and the state Professor Nicolas de Sadeleer, University of Saint- Louis, Brussel The past decade has seen substantive shifts in the recognition of what constitutes legal personhood, the relationship between legal persons and human persons, and the role of the state in enabling personhood. There has been a transition across multiple fields of law, as the obligations on the state have shifted from non-interference in personhood, to active support and enabling of personhood. In disability contexts, international law now requires the state to support decision- making and agency of all people with disabilities. In environment law, rivers and other natural objects have been recognised as legal persons with specific rights, although highly varying levels

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 27 of 59 of state support and increasing tensions between Environment: Alessandro Pelizzon, SCU; Liz legal subjects and legal objects. Macpherson, University of Canterbury; Afshin Akhtar-Khavari, QUT (discussant) What do these new obligations say about the role of the state in enabling personhood? How is law Indigenous: Katie O’Bryan, Monash; Anne evolving to both recognise new persons as well as Poelina, CDU; Kirsty Gover, MLS (discussant) enable their full agency? Does this re-framing Theory: Ngaire Naffine, Adelaide; Laura Griffin, also re-insert the power of the state, or does it Latrobe; Lee Godden, MLS (discussant) harness this power to support vulnerable persons? This increasing emphasis on the 26 August 2019, 10.35am – 5.30pm, Melbourne obligations of the state provides a new way to Law School imagine and envision the role of the state, as well as reconnecting ‘rights talk’ to a meaningful discussion of obligations, particularly in the Making Koalas Fungible: context of vulnerability. biodiversity offsetting and the law

This workshop begun a conversation across In biodiversity offsetting, developers are multiple areas of law around the theme of permitted to degrade or destroy a protected personhood and the obligations of the state. It species or ecosystem in one place in exchange for focused on bringing together scholars within "offsetting" the biological entity elsewhere. Australia with select international guests from Professor Takacs reviewed this growing practice, Aotearoa New Zealand, in order to first develop discussed its pros and cons, and highlighted best the discussion within the local context. It aimed emerging practices if a jurisdiction does allow to expand the discussion to include more such offsetting. international scholars in a larger event in the second half of 2020. The outcome from the Speaker: Professor David Takacs, University of workshop is a special issue of a law journal (e.g. California Hastings College of the Law Law in Context) in which the various 3 September 2019, 1 – 2pm, Melbourne Law developments in State support for legal School personhood are explored and conclusions are made regarding the wider implications for law and legal theory. This workshop was co-hosted with Institute for International Law and the Humanities. Co-chairs: Dr Anna Artesin-Kerslake, Senior Lecturer, Melbourne Law School; Dr Erin O’Donnell, Senior Fellow, Melbourne Law School Speakers: Disability: Rosemary Kayes, UNSW; Jo Watson, Deakin; Piers Gooding, MLS (discussant)

Professor David Takacs seminar on biodiversity and the law

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 28 of 59 Regulating Pollution in Victoria – to water governance. In this seminar, Lana have your say on new laws presented key findings on the access that Aboriginal organisations have to statutory water Victoria’s new Environment Protection Act to use entitlements in the NSW portion of the control pollution into our air, water and land will Murray-Darling Basin (MDB). come into force in 2020. The EPA has released Specifically, she presented evidence of the past draft regulations for public consultation until 31 decade of management of water entitlements by October. Regulations are critical to how the Act Aboriginal people to indicate a new wave of will work in practice. This seminar helped to dispossession and to profile the distribution and understand how the regulations will manage air uses of remaining Aboriginal-held entitlements. pollution, water issues, climate, and waste, so Lana’s work has important implications for state that we can make a submission. The session also and federal policy and law reform processes provided a brief overview of the Act and how the currently underway in NSW, Victoria, and at the new general environment duty will operate and federal level, including recent commitments by there were allowed time for audience questions. state and federal governments to improve This event was co-hosted with Environmental Aboriginal water access. Justice Australia. Speaker: Lana Hartwig, Griffith University’s Speakers: Brendan Sydes, CEO of Environmental Australian Rivers Institute and School of Justice Australia; Tim Eaton, Victoria EPA Environment & Science, Queensland 14 October 2019, 6-8pm, Melbourne Law School 29 November 2019, 1-2pm, Melbourne Law School

Trends in Aboriginal Water The Timber Creek Native Title Ownership in New South Wales, Compensation Decision and Australia: The Continuities Between Comprehensive Regional Colonial and Neoliberal Forms of Settlements Dispossession The High Court’s Timber Creek Native Title Consistent with broader Indigenous claims for Compensation decision (Northern Territory v self-determination internationally in norms like Griffiths [2019] HCA 7) was perhaps the most the United Nations Declaration on the Rights of significant development in the native title sector Indigenous Peoples (UNDRIP), demand for since the Wik Peoples decision in 1996. While the greater Aboriginal ownership of and control over decision posed many challenges for native title freshwater has grown immensely over the last holders, governments (at all levels) and industry, twenty-plus years in Australia. Australian it could also facilitate many opportunities that governments have at best, however, only offered could transform native title processes in this constrained and limited responses to these country. The seminar provided an opportunity for demands leaving Aboriginal water justice claims policy shapers from the native title sector, unresolved and Aboriginal advocates and their industry and government to explore these supporters dissatisfied. challenges and opportunities in a collegial, Responding to these community demands, poor intimate “Chatham House” environment. This government responses and gaps in research, event is co-hosted with The National Native Title Lana's doctoral research explores Aboriginal Council. struggles for rights to access, use and benefit Speaker: Kevin Smith, CEO Queensland South from freshwater in the context of deep reforms Native Title Services

Page 29 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Panellists: Dr Debbie Fletcher, Deputy Registrar – kind of legal stability should exist in the National Native Title Tribunal; Professor Marcia renewable energy market? Langton AM – University of Melbourne This seminar was a collaboration between the 17 December 2019, 10am-2.30pm, Melbourne Global Economic Law Network and the Centre for Law School Resources, Energy and Environmental Law at Melbourne Law School.

Speaker: Associate Professor Dias Simões,

Chinese University of Hong Kong

18 December 2019, 1-2pm, Melbourne Law School

Mr Kevin Smith, Dr Debbie Fletcher and Professor Marcia Langton

Renewable Energy and regulatory (In)stability Over the last years, several foreign investors have challenged governmental measures modifying economic incentives in the renewable energy Gemasolar Thermosolar Power Plant in market. Regulatory stability is of paramount Seville, Spain importance in the energy sector. International investment law has long attempted to strike a delicate balance between foreign investors’ confidence in the regulations that underpin their long-term investments and the host State’s right to adapt regulations to new circumstances. The gist of the question is whether investors can seek compensation under international investment treaties when governments encourage investments via economic support schemes but decide to reduce or eliminate them after the investment has been made. In other words, what

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 30 of 59

Top Left: Professor Lee Godden, Lana Hartwig and Dr Erin O’Donnell Top Right: Trends in Aboriginal Water Ownership in New South Wales, Australia Seminar

Middle Left: Stephen Gatford (EPA), Brendan Sydes (EJA), Tim Eaton (EPA) Middle Right: Tim Eaton (EPA) and Nicola Rivers (EJA)

Bottom Left: Disability panel at Supporting Personhood: an examination of the evolving relationship between the legal person and the state Bottom Right: Professor Kirsty Gover, Dr Anne Poelina (CDU) and Katie O’Bryan (Monash University)

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 31 of 59 Consultancy Projects PacWastePlus Project Legislative Review and Assessment of Environmental & Waste Legislative Environment in 15 Pacific island countries for the PacWastePlus Project.

A team from Melbourne Law School led by CREEL laws and governing institutions in the 15 researchers completed the PacWaste Plus participating countries: Cook Islands, Democratic Legislative Review and Assessment project for the Republic of Timor-Leste, Federated States of Secretariat of the Pacific Regional Environment Micronesia, Fiji, Kiribati, Nauru, Niue, Palau, Programme (SPREP) from late 2019 to June 2020. Papua New Guinea, Republic of the Marshall SPREP is working with the European Union’s Islands, Samoa, Solomon Islands, Tonga, Tuvalu, Delegation to the Pacific, and 14 Pacific Island Vanuatu. The CREEL team undertook a total of 60 Countries and Timor-Leste to undertake the interviews with in-country stakeholders in the PacWaste Plus Project, which seeks to improve participating countries;, including government and enhance waste management activities and staff and legal counsel, both in person and then the capacity of governments, industry and by remote means as COVID-19 travel restrictions communities to manage waste to reduce the were imposed to safeguard these nations. The impact on human health and the environment. project involved extensive legal research in The PacWaste Plus programme seeks to generate jurisdictions where sometimes the relevant laws improved economic, social, health and were difficult to locate and the Academic environmental benefits for Pacific Island Research service working in conjunction with the Countries arising from stronger regional CREEL team were able to identify and collate economic integration and the sustainable these laws, building a valuable research resources management of natural resources and the and establishing research networks in the pacific environment. nations and Timor Leste. The CREEEL team comprised Professor Jacqueline The team produced seven substantial reports Peel, Professor Lee Godden, Ms Alice Palmer and during the project including a stocktake of Ms Rebekkah Markey-Towler with waste-related existing legislation and polices for each country technical assistance from Associate Professor and pipeline activities, legislative, capacity and Laura-Lee Innes at Monash University and library needs assessments, together with a regional research support from Ms Robin Gardner and the solutions report exploring possible interlinkages Academic Research Service. Ms Astari in managing wastes between the nations, and a Kusumawardani, the CREEL administrator, final set of national options papers. provided financial and travel planning assistance The project provided the opportunity to develop to the team. strong research and engagement links in the The team worked in close collaboration with Pacific and Timor-Leste that the team will seek to SPREP personnel to undertake the reviews which build on in future research and scholarship. involved assessing the waste and environmental

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 32 of 59 Options for Long-Term Protection of Groundwater-Dependent Ecosystems and Surface Waters in the Gerangamete and Gellibrand Groundwater Management Areas, 2019, Report to the Land and Water Resources Otway Catchment Landcare group. Associate Professor Rebecca Nelson

Municipal pumping of groundwater at the constraining impacts. This approach restrains an Barwon Downs borefield has damaged activity that poses a threat to the valued assets, ecosystems that depend on that groundwater, that is, pumping of groundwater that supports including hydrologically connected surface these assets. waters. Pumping has now ceased to allow A combination of these two mechanisms would remediation of the damaged areas to take place. maximise the level of protection for valued This report, commissioned by the Land and Water ecological assets that depend on groundwater. Resources Otway Catchment Landcare group, Both types of mechanisms are available in current investigates longer-term ways of protecting Victorian laws, but they are often not sufficiently groundwater-dependent ecosystems and well connected or developed to achieve reliable groundwater-connected surface water bodies. It protections. For example, while state law reviews legal mechanisms available (or provides for designated areas that can be used to achievable, with administrative or legislative cover groundwater-dependent ecosystems (for change) to protect these ecosystems and surface example, national parks covering groundwater- water from any proposed future pumping. dependent terrestrial vegetation or wetlands), Climate change is expected to increase surface that law does not clearly constrain activities that water variability and may increase municipal occur off-site, including decision-making in water demand from groundwater, highlighting relation to a licence to pump groundwater. the importance of improving groundwater Equally, while state water law requires a decision- protections both in the Victorian context and maker considering an application for a licence to further afield. pump groundwater to consider the Broadly, legal mechanisms can protect environmental impacts of granting that licence, groundwater-dependent ecosystems and there is no clear and explicit requirement to waterways by focusing on two different things. A consider potential impacts on designated first category of mechanisms relies on protected areas. designating ecological assets for protection, for This report canvasses options for improving example groundwater-dependent terrestrial protections by examining the key weaknesses of vegetation, stygofauna, wetlands, or river flows currently used legal mechanisms; the scope for dependent on groundwater discharge, using a implementing under-used mechanisms in existing special legal designation. Declaring a laws to improve protections; and the scope for subterranean national park is one such option. A law reform to improve protections in a more second category of mechanisms relies on comprehensive way.

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 33 of 59 Awards American Society of International Law awarded the Certificate of Merit in a Specialised area of International Law to the publication by Maureen F. Tehan, Lee C. Godden, Margaret A. Young, and Kirsty A. Gover, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press) Sundhya Pahuja - FASSA – Fellow of the Academy of the Social Sciences in Australia 2019

Media Mentions Academic News Media Date

Lee Godden Can contested carbon offsets save The Diplomat 18 September Southeast Asia’s forests?

Lee Godden A climate-changed country of droughts, The Citizen 23 December flooding rains and shame campaigns

Christine Parker Calls for a national standard for labelling The Sydney 29 October egg products Morning Herald

Jacqueline Peel ‘We declare our support for Extinction The Guardian 20 September Rebellion’: an open letter from Australia’s academics

Brad Jessup Quoted in ‘Push for state to forcibly The Age 1 June acquire Corkman site from cowboy developer’

Brad Jessup On Air interview with Sean Britten on the 2ser 107.3FM 22 March release of the Victorian State of the radio Environment Report

Brad Jessup On air interview with Aaron Kearney ABC Newcastle 8 February about the rejection by the Land and radio Environment Court of NSW of the proposed Rocky Hill coal mine

Brad Jessup Discussion with Joe Hinchcliffe and The Age 10 January quoted in ‘Planning Minister overturns ban on horse training on “unspoilt” Victoria beach’

Erin O’Donnell The global problem of thirsty cities Pursuit 7 June

Erin O’Donnell Television interview on the role of water ABC Afternoon 25 October investors in the Australian water marker

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 34 of 59 Academic News Media Date

Erin O’Donnell Are water rights investors inflating the ABC Radio 10 September water market? – Radio Interview National Breakfast

Erin O’Donnell Legal rights for rivers: a paradox for water UNSW Global 10 July governance – podcast Water Institute

Erin O’Donnell Interview with Dr Chris Chesterfield on ABC Radio 8 June ‘Blueprint for living’ – podcast National

Erin O’Donnell A voice for the Birrarung? River rights, Ian Potter Centre 25 May sovereignty, and water management – public forum

Erin O’Donnell So…what if Melbourne was under water? Melbourne 22 May – podcast Knowledge week

Rebecca Nelson Managing the hidden water beneath our Pursuit 4 October feet

Rebecca Nelson Interview with Jess Davis and Andy Burns ABC Rural and 13 October in ‘As Rivers and dams Dry Up, ABC News VIC Groundwater Emerges as New (Television) Battleground in Fight for Water’

Presentation at Conferences and Seminars Academic Title Host Organisation Date

Kathleen Birrell Emplacement and Displacement: The University of September Encounters in the Anthropocene Melbourne Australian Studies Seminar Series ‘Wide Brown Land’

Kathleen Birrell Reckoning with Rights: Storying Law, Literature and the December New Worlds for End Times Humanities Association of Australasia Conference – ‘Juris Apocalypse Now! Law in End Times’, Southern Cross University School of Law and Justice, Gold Coast

Kathleen Birrell Emplacement in the “Writing Place, Writing May 2019 ‘Anthropocene’: Encountering Laws Laws: Laws & the in Place Humanities in the ‘Anthropocene’”

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 35 of 59 Academic Title Host Organisation Date

Workshop, Melbourne Law School

Michael Book launch Speech, Book launch: Supreme Court of Victoria 24 June Crommelin ‘Jesting Pilate’, Crennan and Library Gummow (eds)

Lee Godden Energy Transitions, Benefit Sharing Environment Nexus 5-6 February and Indigenous Communities’ Workshop, Baker & presented at Energy Transitions: McKenzie, Sydney Governing Unconventional Gas, Renewables and the Energy Lee Godden Constitutions, Property and Water: Master of Law Seminar, 29 April Australia and South Africa University of Cape Town, South Africa Lee Godden Agreement-Making as Lawful Offices of The Southern 21-23 August Encounter? Diplomacy and the Jurist Diplomat: Taking Up Search for Legal Plurality in the A Training In Conducting Global South Lawful Encounters The Institute for International Law and the Humanities and the McKenzie Postdoctoral Fellowship, Melbourne Law School, University of Melbourne Lee Godden Introduction and Overview Mapping The (Bi) 23 September polarities of Climate Change Law- International Bar Association Conference Seoul, South Korea Lee Godden Energy Justice in Australia’s Energy Victorian Environmental 21 August Transition Law Student Network Lecture, Melbourne Law School Lee Godden Resilient Energy Infrastructure: Risk Melbourne Energy 13 December and Legal Responses Institute Symposium Melbourne School of Design, University of Melbourne Lee Godden Native Title: Materiality and the Australian and New 11-147 History of Law as Archive Zealand Law and History December Society (ANZLHS) Conference 2019, Deakin

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 36 of 59 Academic Title Host Organisation Date

University and Victoria University, Melbourne Brad Jessup Giving up on a species in place: A Annual Conference of the 6 December geographic analysis of the Law and Society operation of the EPBC Act on the Association of Australia Tasmanian Devil and New Zealand, Southern Cross University, Gold Coast

Brad Jessup Drought, deaths and prayers. Won’t Journal of Environmental 20 November someone think of the Australian Law 2019 Workshop: farmer environmental Law and Populism, Oxford

Brad Jessup Statues of Conflict and Mockery: A UCL Faculty of Laws, 22 October View from Margaret River on London Participation in Planning Law

Brad Jessup NIMBYs no more: Bulga, Rocky Hill IUCN Academy of 7 August and the rise of local environmental Environmental Law Annual justice in fossil fuel development Colloquium, Kuala Lumpur

Brad Jessup Conflicts over statues: The legal Institute of Australian 12 July geographies of time, humour and Geographers Conference, violence Hobart

Brad Jessup Places of Justice in Australian RegNet, The Australian 30 April Environmental Law: Lessons from National University Victorian and NSW Coal-mining Towns

Brad Jessup The Statues of Margaret River: Australian Legal 22 February From Conflict to Participation in Geography Symposium; Planning Law The University of Melbourne

Brad Jessup Gender and Justice from the Frontiers of Environmental 14 February Environmental Frontline Law Colloquium, Queensland University of Technology

Rebecca Nelson Laws Addressing Cumulative IAIA2019: Evolution or 29 April – 2 Effects: A Broader View Revolution: Where Next May for Impact Assessment?, International Association for Impact Assessment, Brisbane

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 37 of 59 Academic Title Host Organisation Date

Rebecca Nelson Keynote speaker at Cumulative 20 years of the EPBC Act – 29 March Environmental Effects and Project- Looking Back, Looking Based Assessments Forward: A Symposium to Canvass Key Priorities for the Review of Our National Environmental Laws, ANU Rebecca Nelson Cumulative Environmental Effects: 5th Frontiers in 14-15 February An Exploratory Spatio-Legal Environmental Law Approach to Analysing Urban Colloquium, QUT Stormwater Controls Rebecca Nelson Triggering Change? An Empirical Energy Transitions: 5-6 February Analysis of Regulating the Governing Unconventional Cumulative Environmental Effects Gas, Renewables and the of Coal Seam Gas Extraction under Energy-Environment Australian Federal Environmental Nexus, UNSW Law Rebecca Nelson Water in a Concrete Jungle: Laws to Seminar, Centre for 5 December (Un)Pave the way to Healthy Urban Resources, Energy and 2018 Streams Environmental Law, Melbourne Law School Rebecca Nelson Water in a Concrete Jungle: Laws to Waterway Ecosystem 14 February (Un)Pave the way to Healthy Urban Research Group, Streams University of Melbourne, Burnley Erin O’Donnell Plenary: Birrarung Council: A voice Christchurch, New Zealand 3-6 September for the River Yarra Oceania Ecosystem Services Forum

Christine Parker Can Ethical Labelling Make Food Harvard Law School 23 April System Health, Sustainable and Just? Lessons from a Critical Evaluation of the Democratic Governance Capacity of Animal Welfare Labelling

Christine Parker Labelling for Sustainable, Healthy, American Bar Foundation, 1 May Fair Food Systems? A Critical Chicago Evaluation of the Democratic, Transformative Governance Capacity of Food Labelling

Christine Parker A protein shake-up? The promise Law Society Association 30 May – 2 and pitfalls of investor driven Annual Meeting, June Washington DC

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 38 of 59 Academic Title Host Organisation Date

governance for advocacy against intensive animal agriculture

Christine Parker Saving People and the Planet: Academy of the Social 12 November Exiting the Consumptagenic System Sciences in Australia, Canberra

Christine Parker Challenging intense industrial Food Governance 3-5 July animal farming: Is there a potential Conference, The for holistic labelling and University of Sydnet certification standards to address the interconnectedness of human, (non-human) animal and ecological wellbeing?

Christine Parker Can Labelling Create Holistic Melbourne Governance 2-3 December Transformative Food System Workshop on Change? “Interactions between private and public authority in global (business) governance”, The University of Melbourne

Christine Parker, Sustainable Food Systems Policy Melbourne Sustainable 2019 -2020 co-host with Dr Seminar series Societies Institute Rachel Carey

Christine Parker, Saving People and the Planet: Academy of Social 12 November co-host with Prof Exiting the Consumptagenic System Sciences Symposium Sharon Friel and Dr Ashley Schram

Christine Parker Panel on “Animals and the food Food Governance 3-5 July Co-Convenor with system” Conference, university of Dr Hope Johnson Sydney Law School

Christine Parker Convenor of Collaborative Research US Law and Society 30 May – 2 Network for US Law and Society Association Annual June Association on Law and the Food Meeting System

Jacqueline Peel Human rights and climate – 2019 Australian Dialogue October 2019 connecting human rights and on Business and Human climate risk management and Rights activism Jacqueline Peel Climate change hypothetical: the Australian Academies of August 2019 road to ruin Science and Law Panel

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 39 of 59 Academic Title Host Organisation Date

Jacqueline Peel The Role of Corporate Law Tools in Energy Transitions: February 2019 Private Sector Energy Transition Governing Unconventional Gas, Renewables and the Energy-Environment Nexus’, PLuS Alliance, UNSW Law and the Evolving Securities Initiative

Jacqueline Peel Convener of Trends in Climate Melbourne Law School July 2019 Change Litigation Jacqueline Peel Rocky Hill Coal Mine case Faculty Research Series March 2019

Jacqueline Peel Convener of Innovation at the Frontiers of International March 2019 Frontiers of International Environmental Law Environmental Law Jacqueline Peel Climate Change Litigation Presentations to Supreme April 2019 People’s Procuratorate and Supreme People’s Court, Beijing Jacqueline Peel International climate law DFAT Staff Training May 2019

Jacqueline Peel Convenor of Focus Group on impact EME Support/ Evaluation June 2019 of strategic climate litigation of ClientEarth Phase 2 Jacqueline Peel Transnational Climate Litigation: Australian and New July 2019 the Contribution of the Global Zealand Society of South (Speaker & Coordinator) International Law 2019 Annual Conference Jacqueline Peel Lead Author, chapter 14 Second Lead Author October 2019 Meeting, IPCC Jacqueline Peel Lead Author, chapter 14 First Lead Author Meeting, March/ April IPCC 2019

Jacqueline Peel Award of fellowship Australian Social Sciences November 2019 Academy Margaret Young Legal Responses to Climate Change: Inaugural Lecture of the 19 September The Audacity of International European University Adjudication Institute Law Department, Florence, Italy Margaret Young in The Appellate Body Crissis Department of Foreign 13 June panel discussion Affairs, Canberra with Professor James Bacchus

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 40 of 59 Academic Title Host Organisation Date

Margaret Young Managing International Australian New Zealand 4 July Environmental Law Futures Society of International Law Annual Conference, Canberra Margaret Young Address to Ambassadors on International Institute for June 2019 fisheries subsidies Sustainable Development (IISD), Geneva, Switzerland Margaret Young The Chagos Archipelago Advisory Melbourne Law School 26 March Opinion: A Panel Discussion Margaret Young Address to Department of Foreign Legal Division Retreat, 22 March Affairs and Trade Canberra Margaret Young International Court of Justice International Law and 19-20 July Australia: From Empire to the Contemporary World, La Trobe University City Campus

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 41 of 59 Our Members and Publications

Director and Associate Directors Faculty Members Advisory Board Member

About this Template

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 42 of 59

Director and Associate Directors

Professor Lee Godden NGO groups. With interdisciplinary colleagues she convened a water researchers network to raise Director the national profile of social science research in Australia’s fraught water policy, and she contributed to an Australian Academy of Science report on Fish Kills in the Darling River.

In 2019, with several CREEL colleagues as co- authors she was awarded the American Society of International Law, 2019 Certificate of Merit in a specialized Area of International Law for the

monograph, The Impact of Climate Change Professor Lee Godden has long-standing expertise Mitigation on Indigenous and Forest Communities: in environmental law, (with specialist expertise in International, National and Local Law Perspectives water law, forests, resources and energy law) with on REDD+ (Cambridge University Press 2018). wide experience in law reform in native title and

Indigenous rights. She has maintained an active involvement in public policy issues related to Publications: environmental management. She is a Fellow of the Academy of Social Sciences in Australia and the Managing Cumulative Effects of Farm Dams in Australian Academy of Law. Southeastern Australia Journal Article I 2019 She participated in the Australian Panel of Experts CR Morris, MJ Stewardson, BL Finlayson, L in Environmental Law, 2015-17, a group of Godden, Journal of Water Resources Planning prominent legal academics and policy makers who and Management, developed working papers on, ‘New Generation’ https://doi.org/10.1061/(ASCE)WR.1943- environmental law reforms to meet looming sustainability challenges. 5452.0001041

From 2013-15, her leadership of the Australian Community Participation: Exploring Legitimacy Law Reform Commission’s review of the Native in Socio-Ecological Systems for Environmental Title Act 1993 (C’th) drew on a decade of legal Water Governance research and policy development within the Journal Article I 2019 University of Melbourne, Agreements, Treaties L Godden, R Ison, Australasian Journal of Water and Negotiated Settlements project. Building on this platform, she was one of 3 researchers who Resources, 23:1, 45-57, DOI: led the legal and policy component of the Cultural 10.1080/13241583.2019.1608688 Flows project for the National Native Title Council. Her scholarship on the interaction of colonial law, Cry Me a River: Building Trust and Maintaining environmental law and Indigenous law has made Legitimacy in Environmental Flows a major contribution to scholarship in the field; Journal Article I 2019 including a recent publication on Indigenous E O’Donnell, AC Horne, B Head, L Godden, marine governance. Australasian Journal of Water Resources, 23:1, 1- From 2016, she has been the Chair of the 13, DOI: 10.1080/13241583.2019.1586058 Academic Advisory Group to the Section on Energy, Environment Resources and Infrastructure Law of The Evolving Governance of Aboriginal Peoples the International Bar Association. and Torres Strait Islanders in Marine Areas in Australia Lee Godden has worked with government Book Chapter I 2019 departments and agencies on climate change adaptation, and water governance, and L Godden in S Allen, N Bankes, O Ravna (eds), contributed reform strategies for community and Rights of Indigenous Peoples in Marine Areas- Magisterial Survey of Indigenous Peoples Rights

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 43 of 59 in the Field of Maritime Law, Routledge p.123- Professor Michael Crommelin AO 146. Associate Director

Investigation of the causes of mass fish kills in the Menindee Region NSW over the summer of 2018-2019 Report I 2019 Academy of Science, Canberra https://www.science.org.au/files/userfiles/suppo rt/reports-and-plans/2019/academy-science- report-mass-fish-kills-digital.pdf

Michael Crommelin is Zelman Cowen Professor of The Smart Meter Promise: A Review of Smart Law and Director of Studies, Energy and Meter Deployment Challenges in Australia and Resources Law in the Melbourne Law School at Germany the University of Melbourne. He was the visiting Report I 2019 Professor in the Peter A Allard School of Law at A Kallies, S Chandrashekeran S., Keele and L the University of British Columbia in 2017. He Godden, Report for the Australian-German was Dean of the Melbourne Law School from Energy Transition Hub, University of Melbourne 1989 to 2002, from 2003 until 2007, and in 2010. In 2009 he was appointed an Officer in the General Division of the Order of Australia for Projects: service to the law and legal education. • Property as Habitat: Reintegrating Place, His teaching and research interests are in People, And Law constitutional law, mineral law and petroleum ARC Discovery Project 2019 - 2020 law. He teaches several courses in the Melbourne Researchers: Lee Godden (with Margaret JD and the Melbourne Law Masters programs including Constitutional Law (JD), Mineral and Davies, Flinders University and Nicole Graham, Petroleum Law (MLM) and Resources Joint Sydney University) Ventures (MLM). In 2019, he was part of the judging panel for the Saunders Prize along with • Accessing Water to Meet Aboriginal the Hon Susan Crennan AC QC and Professor the Economic Development Needs Hon William Gummow AC. 2019 - 2021 Publications: Researchers: Lee Godden, Erin O’Donnell, Katie O’Bryan (Monash Law School) The Federal Principle Edited Book I 2019 M. Crommelin in C. Saunders, A. Stone (eds), The • Legislative Review and Assessment Of The Oxford Handbook of the Australian Constitution, Environmental And Waste Legislative Environment In 15 Pacific Island Countries Oxford University Press For The Pacwaste Plus Project Working Better with other Jurisdictions 2019 - 2020 Report I 2019 Researchers: Lee Godden, Jacqueline Peel, B Rimmer, C Saunders, M Crommelin, Australia & Alice Palmer, Laura Lee-Innes, Rebekkah New Zealand School of Government Markey-Towler and Robyn Gardner

Blogs: Judgment in Plaintiff M68-205 v Commonwealth Blogpost I 2019

S. Stephenson, M. Crommelin, C. Saunders Opinions on High Blog, 29 February

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 44 of 59 Professor Jacqueline Peel Publications: Associate Director Children’s Investment Fund Foundation: ClientEarth Phase 2 Investment – Mid-line Evaluation Report Report I 2019 J Peel, H Osofsky, J Lin, University of Melbourne

Transnational Climate Litigation: The Contribution of the Global South Journal Article I 2019

J Peel, J Lin, American Journal of International Law Professor Jacqueline Peel is a leading, internationally-recognised expert in the field of The Rights Pathway for Action on Climate Change environmental and climate change law. Her Scholarly Contribution to Database/Website I scholarship encompasses international, 2019 transnational and national dimensions, as well as J Peel, H Osofsky interdisciplinary aspects of the law/science relationship in the environmental field and risk Litigating the right to a sustainable climate regulation. She has 9 books and over 50 articles on system these topics, including most recent books on Scholarly Contribution to Database/Website I Principles of International Environmental Law, 4th 2019 ed (with P. Sands, Cambridge University Press, J. Peel and H. Osofsky 2018) and Environmental Law (with L. Godden and OpenGlobalRights.org, 21 March 2019 J. McDonald, Oxford University Press, 2019);

From 2019-2021, Professor Peel is serving as a A “Next Generation” of Climate Change Lead Author in Working Group III of the Inter- Litigation?: An Australian Perspective Governmental Panel on Climate Change for its 6th Journal Article I 2019 Assessment Report. In 2022, Professor Peel will J Peel, H Osofsky, A Foerster, Oñati Socio-legal direct a program on ‘Climate Change and Series, Oñati International Institute for the International Law’ at the Centre for Research and Sociology of Law Studies at the Hague Academy of International Law. Energy Re-Investment Journal Article I 2019 Professor Peel's research has attracted J Peel, H Osofsky, B McDonnell, A Foerster, competitive funding from various organisations, Indiana Law Journal including the Australian Research Council (ARC),

SPREP, VCCCAR and the United States Studies Governing the Energy Transition: the Role of Centre. In the field of climate change law, Corporate Law Tools Professor Peel has held several ARC grants with Journal Article I 2019 her current research focusing on legal J Peel, H Osofsky, B McDonnell, A Foerster, mechanisms for promoting corporate energy Thomson Reuters transition (2016-2020, with H. Osofsky and B.

McDonnell). Litigation as a Climate Regulatory Tool She was the recipient of the Morrison Prize 2018 Book Chapter I 2019 for her award-winning article with Dean Hari J Peel, H Osofsky, C Voight, International Judicial Osofsky (Penn State) on "Energy Partisanship". Practice of the Environment: Questions of Legitimacy, Cambridge University Press

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 45 of 59 International Law and the Protection of the • Chapter 14, First Order Draft, Working Global Environment Group III report, AR6, IPCC, 2019 Book Chapter I 2019 J Peel, R Axelrod, S VanDeveer, The Global Environment: Institutions, Law and Policy, CQ Press

The Use of Science in Environment-Related Investor-State Arbitration Book Chapter I 2019 WGIII, Lead Author Meeting. Delhi, October 2019 J Peel, K Miles, Research Handbook of Environment and Investment Law, Edward Elgar Publishing Ltd • Research on Australia’s International Climate Change Commitments and Associated Environmental Law (2nd edition) Assumptions for Accounting/ Auditing In Book I 2019 Climate Risk Disclosures J Peel, L. Godden, J. McDonald, Oxford University CPA Australia, 2019 (final report published in Press 2020) Researchers: Jacqueline Peel, Sarah Barker Projects: (MinterEllison Lawyers), Ellie Mullholland (CCLI), Rebekkah Markey-Towler (MLS, • Devising A Legal Blueprint for Corporate research Assistant) Energy Transition This research undertaken for CPA Australia ARC, 2016 - 2020 examined Australia’s international climate Researchers: Jacqueline Peel, Brett McDonnell change commitments under the Paris (partner investigator, University of Minnesota Agreement and how these affect assumptions Law School), Hari Osofsky (partner used by accountants and auditors preparing investigator, Penn State Law), Anita Foerster companies’ financial statements. (Senior Research Associate (until Feb 2019), Report and fact sheets see: Rebekkah Markey-Towler (research assistant https://www.cpaaustralia.com.au/professiona 2020-) l-resources/esg/climate-change-and-risk-

policy • Eme Support/ Evaluation of Client Earth Phase 2 – contract research 2018 - 2021 • Legislative Review and Assessment of The Researcher: Jacqueline Peel (team leader), Environmental and Waste Legislative Environment In 15 Pacific Island Countries Hari Osofsky (co-team leader), Jolene Lin For The Pacwaste Plus Project – contract (China expert) research 2019 - 2020 • Intergovernmental Panel on Climate Change Researchers: Lee Godden, Jacqueline Peel, 2018 - 2021 Alice Palmer, Laura Lee-Innes, Rebekkah Researcher: Jacqueline Peel Markey-Towler Professor Peel is a lead author contributing to

chapter 14 (international cooperation) of the

IPCC’s Working Group III report for the Sixth

Assessment Report.

Output:

• Chapter 14, Zero Order Draft, Working Group III report, AR6, IPCC, 2019

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 46 of 59 Centre Faculty Members Law and Development; Co-Director of Studies, Public and International Law. Professor Sundhya Pahuja Publications:

Public Debt, the Peace of Utrecht and the rivalry between Company and State Book Chapter I 2019 S Pahuja and A Soons, The 1713 Peace of Utrecht

and Its Enduring Effects, Brill

Projects:

• International Law and The Cold War Sundhya Pahuja is the Director of Melbourne 2014 - 2019 Law School's Institute for International Law and Researcher: Sundhya Pahuja the Humanities (IILAH). Sundhya’s research • States, Frontiers and Conflict In The Asia focuses on the history, theory and practice of Pacific international law in both its political and 2014 - 2019 economic dimensions, with a particular interest Researchers: Sundhya Pahuja, Jonathan in international law and the relationship Goodhand, John Langmore, Rachael Diprose, between North and South, and the practice, and Adrian Little, Kate MacDonald praxis, of development and international law. Sundhya holds numerous awards and has held various fellowships and visiting appointments as Award: a result of her longstanding research excellence. FASSA – Fellow of the Academy of the Social Her research has spawned numerous works, Sciences in Australia 2019 including Decolonising International Law: Development, Economic Growth and the Politics of Universality (Cambridge University Press, 2011), as well as the edited collections, International Law and the Cold War (Cambridge, 2019) (co-edited with Matthew Craven and Gerry Simpson) and Reading Modern Law: Critical Methodologies and Sovereign Formations (Routledge, 2012) (co-edited with Ruth Buchanan and Stewart Motha). Sundhya teaches across public international law, international law and development, trade, development and human rights, globalization and law, and legal theory. Before entering academia, Sundhya practiced as a commercial lawyer, and worked as a research associate in international law and human rights at the EUI in Florence. Research Interests: Her research focuses on the history, theory and practice of international law and the relationship between North and South, and the practice, and praxis, of development and international law. Responsibilities: Director, IILAH; Director of Studies, International Law; Director of Studies,

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 47 of 59 Professor Christine Parker in Philippov and K. Kirkwood (eds) Alternative Food Politics: From the Margins to the Mainstream Book Chapter I 2019 C Parker, R Carey, J De Costa and G Scrinis, Routledge,, New York and London

From Food Chains to Food Webs: Regulating Capitalist Production and Consumption in the Food System Professor Christine Parker teaches units on food Journal Article I 2019 law and policy, corporate social and C Parker, H Johnson, Annual Review of Law and environmental responsibility, business regulation, animal law, and legal ethics. She has Science, Annual Reviews written, researched and consulted widely on how and why business comply with legal, social Consumer Power to Change the Food System? A and environmental responsibilities and what Critical Reading of Food Labels as Governance difference regulatory enforcement makes. Her Spaces: The Case of Acai Berry Superfoods work has been published in academic journals Journal Article I 2019 and used in policy making and enforcement C Parker, H Johnson, J Curll, Journal of Food Law strategy. Her books include The Open and Policy, University of Arkansas, School of Law Corporation (2002); Explaining Compliance (2011, with Vibeke Nielsen) and three editions of Making Climate Real: Climate Consciousness, Inside Lawyers’ Ethics (with Adrian Evans). Culture and Music Research Interests: Professor Parker’s current Journal Article I 2019 research focuses on the politics, ethics and C Parker, S Kerr, King’s Law Journal regulation of food. Her recent research has critically examined whether ethical labelling can Can Ethical Labelling Make Food Systems make food systems healthy, sustainable and just Healthy, Sustainable, and Just? with a particular focus on animal welfare Blog Post I 2019 labelling and superfood health claims. She is continuing with various collaborators work on C Parker the potential to leverage responsible investment for sustainable food system transitions; and also Projects: the potential for transformative governance in • Regulation Food Labels: The Case of Free relation to human-animal relationships in the Range Food Products in Australia food system. Christine has a deep interest in 2016 - 2019 both conceptualizing and communicating how Researchers: Christine Parker, Gyorgy Scrinis law and regulation can help individuals and especially businesses live more sustainably well and Dr Rachel Carey within socio ecological systems. She is working with Professor Fiona Haines on “ecological • Automated Decision Making in Society regulation”, which they will be pursuing as part (ARC Centre of Excellence) From 2020 of the ARC funded Centre of Excellence on Chief Investigator: Christine Parker Automated Decision Making and Society. Fellowship: • Promoting cross-disciplinary research and engagement on sustainable food systems at Harvard Animal Law and Policy (US$15,000) the University of Melbourne and Sustainable investment in food system Melbourne Sustainable Society Institute Publications: (MSSI) 2016 - 2019 ‘The Consumer Labelling Turn in Farmed Animal Researchers: Christine Parker and Dr Rachel Welfare Politics: from the Margins of Animal Carey Advocacy to Mainstream Supermarket Shelves’

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 48 of 59 Professor Miranda Stewart M. Stewart, A. Redonda, V. Galasso, M. Mazur, Aging Societies: Policies and Perspectives, Asian

Development Bank Institute

Company Tax Receipts Forecasts and Deviations

in Australian Budgets from 2013-14 to 2017-18: Assessing the Quality of Government Justifications Report I 2019 Miranda is Professor at the Law School and is a M. Stewart, T. C. Wong, Tax and Transfer Policy Fellow at the Tax and Transfer Policy Institute at Institute – Policy Brief 1/2019, Crawford School the Crawford School of Public Policy, The of Public Policy, Australian National University Australian National University. Miranda was the inaugural Director of the Institute from 2014 to 2017. Miranda has more than 25 years experience The Gatekeeper Court: For the Revenue or for in tax law and policy in academia, government and the Taxpayer? the private sector, across a wide range of topics, Research Paper I 2019 including taxation of large and small business M. Stewart, R. Davies, University of Melbourne entities, not-for-profits and individuals; Legal Studies research Paper no 828, Available at international taxation and the role of tax in SSRN: https://ssrn.com/abstract=3414811 or http development; reform processes and budget ://dx.doi.org/10.2139/ssrn.3414811 institutions; and gender equality in tax and transfer systems. Miranda has an enduring Behavioural Insights in Tax Collection: Getting interest in the resilience, legitimacy and fairness of the Legal Settings Right tax systems to support good government. Journal article I 2019 Miranda is a co-editor and author of several books, E.Millane, M.Stewart, eJournal of Tax Research, including Tax, Social Policy and Gender (ANU Press, Australian School of Business, University of New 2017); Income Taxation Commentary and South Wales Materials (with Graeme Cooper, Michael Dirkis and Richard Vann, Thomson Reuters, 8th ed., Transparency, Tax and Human Right: What is 2017); Death and Taxes (with Michael Flynn, Thomson Reuters, 6th ed., 2014), Sham the Purpose of Transparency? Transactions (with Edwin Simpson, Oxford Book Chapter I 2019 University Press, 2013), Tax, Law and M. Stewart, N. Reisch, P. Alston, Tax, Inequality Development (with Yariv Brauner, Edward Elgar, and Human Rights, Oxford University Press 2013), and Housing and Tax Policy (Australian Tax Research Foundation, 2010).

Responsibilities: Director, Tax Studies and the Tax Group Publications: A Basic Income for Australia? Exploring Rationale, Design, Distribution and Cost Report I 2019 D. Ingles, B. Phillips, M. Stewart, Centre for Social Research & Methods, Australian National University

Taxation in Aging Societies: Increasing the Effectiveness and Fairness of Pensions Systems Report I 2019

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 49 of 59 Professor Kirsty Gover Professor Shaun McVeigh

Shaun McVeigh joined the law school at Kirsty Gover is the Programme Director, Melbourne University in 2007. He previously Indigenous Peoples in International and researched and taught at Griffith University in Comparative Law. Professor Kirsty Gover was Queensland as well as Keele and Middlesex appointed to the Melbourne Law School faculty Universities in the United Kingdom. in 2009. Her research and publications address the law, policy and political theory of Indigenous He has a long time association with law and rights, institutions and jurisdiction. humanities and critical legal studies in Australia and the UK. She is interested in in the importance of Indigenous concepts of law and politics in settler Shaun McVeigh has research interests in the fields state political theory, constitutionalism and of jurisprudence, health care, and legal ethics. His international law. Professor Gover is the author current research projects centre around three of Tribal Constitutionalism: States, Tribes and themes associated with refreshing a jurisprudence the Governance of Membership (Oxford of jurisdiction: the development of accounts of a University Press 2010). She is currently working ‘lawful’ South; the importance of a civil prudence on a book entitled: When Tribalism meets to thinking about the conduct of law (and lawyers); Liberalism: Political Theory and International and, the continuing need to take account of the Law (Oxford University Press), examining the colonial legal inheritance of Australia and Britain. ways in which indigenous self-governance influences the development of international law Project: and international legal theory by altering the • Indigenous Leaders: Lawful Relations From behaviours of states. Professor Gover is a Encounter to Treaty graduate of New York University (NYU) JSD 2018 - 2021 Doctoral Program, where she was an Institute for Researchers: Shaun McVeigh, Ann Genovese, International Law and Justice (IJIL) Graduate Julie Evans Scholar and New Zealand Top Achiever Doctoral

Fellow. She is Chair of Melbourne Law School's Reconciliation and Recognition Committee and Graduate Research Coordinator. Memberships and Affiliations: Law and Society Association; Australia and New Zealand Society of International Law. Responsibilities: Associate Dean (Indigenous Recognition) Publications: Ko Taranaki Te Maunga: Knowledge Beats Shame Book Review I 2019 R.Buchanan, BWB Texts

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 50 of 59 Professor Margaret Young M. A. Young, E. Nyhan, H. Charleswoth, Journal of International Dispute Settlement

Country Report: Australia Yearbook I 2019 E. Jukic and M. Young, Country Report: Australia’ (2018) 29 Yearbook of International

Environmental Law 404-417

Professor Margaret Young joined Melbourne Law Projects: School in 2009 from the University of Cambridge, • The Potential and Limits of International where she held the inaugural position of Research Fellow in Public International Law at Pembroke Adjudication College and the Lauterpacht Centre for 2018 - 2021 International Law. In 2016, Margaret was awarded Researchers: Margaret Young and Hilary the research excellence prize, the Woodward Charlesworth Medal, for her book Trading Fish, Saving Fish: The Interaction between Regimes in International Law (Cambridge University Press, 2011 Her latest book, The Impact of Climate Change Mitigation on Indigenous and Forest Communities (Cambridge University Press, 2017), was co-authored with colleagues from CREEL and was awarded the Certificate of Merit in a Specialized Area of International Law by the American Society of International Law in 2019. ). Margaret commenced as Visiting Legal Fellow at the Department of Foreign Affairs and Trade (DFAT) in 2019. This two- year position aims to encourage greater dialogue between the Department’s legal advisers and academia on new and developing international legal issues. Margaret is also the Director of Studies for environmental law and Co-Director of studies for dispute resolution in the Melbourne Law Masters. She is on the Editorial Board of Oxford’s Journal of Environmental Law and Melbourne Law School’s Melbourne Journal of International Law. She is a member of the Society of International Economic Law, the American Society of International Law (ASIL), the European Society of International Law (ESIL) and the Australian and New Zealand Society of International Law (ANZSIL). Publications: International Adjudication and the Commons Journal article I 2019 M. Young, University of Hawaii Law Review

Studying Country-Specific Engagements with the International Court of Justice Journal article I 2019

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 51 of 59 Dr Olivia Barr Dr Kathleen Birrell

Olivia Barr joined the Law School as a Senior Dr Kathleen Birrell is a McKenzie Postdoctoral Fellow Lecturer in February 2016. She completed her at Melbourne Law School. She holds a PhD from LLB (Distinction) and BA (Anthropology and Birkbeck, the University of London and a BA and LLB Philosophy) at the University of Western from The University of Melbourne. Kathleen is the Australia, an LLM at the University of British author of Indigeneity: Before and Beyond the Law (Routledge, 2016). She is also a member of the Law, Columbia, and a PhD at Melbourne Law School. Literature and the Humanities Association of She has also worked as a government solicitor, in Australasia, the Association for the Study of Law, law reform, and for the United Nations Culture, and the Humanities, and the Global Network Permanent Forum on Indigenous Issues. With Dr for the Study of Human Rights and the Environment. Karen Crawley (Griffith University), she is the Research Interest: Managing Editor of the Australian Feminist Law Journal: A Critical Legal Journal. Olivia writes in Kathleen’s postdoctoral project is focused on jurisprudence, and her cross-disciplinary work encounters between juridical, political and engages with geography, anthropology, cultural narratives in the context of climate philosophy, architecture and contemporary change. Her research adopts critical legal public art practices. Her current research methodologies to consider the limits and concerns questions of lawful place, and argues possibilities of rights and obligations and for greater attention to the place-making encounters between laws in the context of the practices of law. Anthropocene thesis. Her research is strongly Memberships and Affiliations: Managing Editor, interdisciplinary, encompassing environmental Australian Feminist Law Journal Law; Literature and climate change law, rights law, property law and the Humanities Association of Australasia; and native title, and intersects with Indigenous Urban Environments Research Network, jurisprudences, literature and the environmental University of Melbourne; Research Unit in Public humanities. Cultures, University of Melbourne, Centre for Publications: Resources, Environment and Energy Law, Melbourne Law School; ‘Space, Place, Country’, Review of Brenna Bhandar ‘Colonial Lives of Sydney College of the Arts, University of Sydney. Property: Law, Land and Racial Regimes of Ownership (2018) in Law, Culture and the Publications: Humanities (2019) Movement: An Homage to Legal Drips, Wobbles Book Review I 2019 and Perpetual Motion K. Birrell Book Chapter I 2019 ‘Anthropocenic (re)Imaginaries in International O. Barr, A. Phillippopoulos-Mihalopoulos, Law’ in J. Dehm and U Natajan (eds) Locating Routledge handbook of Law and Theory, Nature: Making and Unmaking International Routledge Law

Book Chapter I 2019 K. Birrell, Cambridge University Press ‘International Law and the Humanities in the ‘Anthropocene’’ in S. Chalmers and S. Pahuja

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 52 of 59 (eds) Routledge handbook of International Law Dr Erin O’Donnell and the Humanities (Routledge, 2020, in press) Book Chapter I 2019

K. Birrell and J. Dehm, Routledge

‘Law, for the Time Being’ in S. Chalmers and S. Pahuja (eds) Routledge handbook of International Law and the Humanities

(Routledge, 2020, in press) Book Chapter I 2019 Erin is a water law and policy specialist, focusing K. Birrell, Routledge on water markets, environmental flows, and water governance. She has worked in water resource management since 2002, in both the Project: private and public sectors. Erin is recognized internationally for her research into the • Counter Narratives: Climate Change Law and groundbreaking new field of legal rights for rivers, Indigenous Rights and the challenges and opportunities these new 2016 - 2022 rights create for protecting the multiple social, Researcher: Kathleen Birrell cultural and natural values of rivers. Her work is https://law.unimelb.edu.au/centres/iilah/research/pr informed by comparative analysis across Australia, ojects/counter-narratives 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.

Publications: Katie O’Bryan, Indigenous Rights and Water Resource Management: Not Just Another Stakeholder (Routledge, 2018) Book review I 2019 E. O’Donnell, Asia-Pacific Journal of Environmental Law

The Diversity of Water Markets: Prospects and Perils for the SDG Agenda Journal article I 2019 E. O’Donnell, D. E. Garrick, Wiley Interdisciplinary Reviews

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 53 of 59 Reallocation Through Irrigation Modernisation: Project: The ‘Once-in-a-hundred-year’ Opportunity of the • Accessing Water To Meet Aboriginal North-South Pipeline, Australia Economic Development Needs Journal article I 2019 2019 - 2021 E. O’Donnell, D. E. Garrick, A. C. Horne, Water Researchers: Lee Godden, Erin O’Donnell, Security, Elsevier Rebecca Nelson, Avril Horne

Rural Water for Thirsty Cities: A Systematic review of Water Reallocation From Rural to Urban Regions Journal article I 2019 E. O’Donnell, D. Garrick, L. De Stfano, W. Yu, I. Jorgensen, L. Turley, I. Aguilar-Barajas, X. Dai, R. de Souza Leao, B. Punjabi, B. Schreiner, J. Svensson, C. Wight, Environmental Research Letters, IOP Publishing

Voice, Power and Legitimacy: the Role of the Legal Person in river Management in New Zealand, Chile and Australia Journal article I 2019 E. O’Donnell, E. Macpherson, Australasian Journal of Water Resources

Cry Me a River: Building Trust and Maintaining Legitimacy in Environmental Flows Journal article I 2019 E. O’Donnell, A.C. Horne, L. Godden, B. Head, Australasian Journal of Water Resources

Sustainable water resources development in northern Australia: the need for coordination, integration and representation Journal article I 2019 B. Hart, E. O’Donnell and A.C. Horne, International Journal of Water Resources Development DOI: 10.1080/07900627.2019.1578199

Informal Water Markets in and Urbanising World: Some Unanswered Questions Reports I 2019 D. Garrick, E. O’Donnell, M.S. Moore, N. Brozovic, T. Iseman, The World Bank

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 54 of 59 Dr Brad Jessup first-class Honours in science and law from Monash University. Brad has a Masters degree in geography from the University of Cambridge, where he studied on a Commonwealth Scholarship. Brad is admitted to practise law. He

worked in commercial practice from 2001 to 2006.

Publications:

Nuclear Citizens Jury: From Local Deliberations to Transboundary and Transgenerational Legal Brad Jessup is a geographer and an Dilemmas environmental law specialist who offers global, Journal article I 2019 national, comparative and local perspectives in C. Calyx, B. Jessup, Environmental his research. Brad's research crosses disciplines in Communication the tradition of legal geography. He draws on political theories, his knowledge of ‘Asserting Land rights Through technology and environmental law processes, and case study Democratic Expression: The Effect of the examples of law in society. Brad is especially interested in the law of place, the human and Indigenous Peoples Alliance of the Archipelago v environmental experience of harm, and the role Indonesia case’ in J. Gillespie, T. O’Donnell and of the law, lawyers, society and policy in D. Robinson (eds) Legal Geography: Perspective responding to risk and harm. and methods from Australia, New Zealand and Brad is the co-editor of a collection of essays Asia-Pacific published by Cambridge University Press in 2012. Book Chapter I 2019 The collection, Environmental Discourses in C. Calyx, B. Jessup, M. Sihombing, Routledge Public and International Law, brings together international legal and humanities scholars to Research Handbook on Climate Disaster Law analyse the dominant ways of knowing, Book review I 2019 constructing and presenting information about B. Jessup, Law Institute Journal global environmental 'problems' and 'solutions'. Brad has been a visiting scholar with UCL Faculty A New Justice for Australian Environmental Law of Laws and Centre for Law and Environment, Thesis I 2019 Oxford University's Faculty of Law and Wolfson B. Jessup, T. Bonyhady, J. Dryzek College, North-West University – Potcherstroom in South Africa, and at the University of California, Berkeley, where he was affiliated with Projects: the Center for Law, Energy and the Environment. • Species protection laws in Australian and the Brad has undertaken funded research for the USA Energy Pipelines Cooperative Research Centre. Researchers: Brad Jessup and Mark Squillace This research involved comparing the land use (Colorado) planning and safety aspects of pipeline regulation • Queering of environmental law on the urban fringe across a number of Researchers: Brad Jessup and Steven Vaughan jurisdictions. Brad has also undertaken detailed (UCL) research on Australian marine protected areas,

Vietnam's environmental laws, and the planning law conflict around wind farms.

Brad completed his PhD in 2019 on the topic of concepts of justice in Australian environmental law. His PhD, which critiqued the law from a theoretical and philosophical perspective, responds to the question: Are Australia's environmental laws just? Brad graduated with

Page 55 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Dr Rebecca Nelson Publications: Water Data and the Legitimacy Deficit: A Regulatory Review and Nationwide Survey of Challenges Considering Cumulative Environmental Effects of Coal and Coal Seam Gas Developments Journal article I 2019 R. Nelson, Australasian Journal of Water

Resources

Rebecca Nelson is an Associate Professor of Breaking Backs and Boiling Frogs: Warnings Melbourne Law School. Her research focuses on from a Dialogue between Federal Water Law environmental and natural resources law and and Environmental Law policy, with an emphasis on empirical research Journal article I 2019 and practical solutions. Dr Nelson holds an ARC R. Nelson, University of New South Wales Law Discovery Early Career Researcher Award (2018- Journal 2020), which aims to analyse and evaluate laws regulating cumulative environmental effects in Big Time: An Empirical Analysis of Regulating the United States of America, European Union, the Cumulative Environmental Effects of Coal Canada and Australia. From 2010-2014, she led the Comparative Groundwater Law and Policy Seam Gas Extraction under Australian Federal Program, a collaborative initiative between Environmental Law Water in the West at Stanford University and the Journal article I 2019 United States Studies Centre at the University of R. Nelson, Environmental and Planning Law Sydney. The Program focused on undertaking Journal empirical research and convening stakeholder workshops to improve groundwater sustainability More Joules per Drop – How Much Water Does in the western US and Australia. Unconventional Gas Use Compared to Other In 2014 she was named the Law Council of energy Sources and What Are the Legal Australia's Young Environmental Lawyer of the Implications? Year for her contribution to water law and Journal article I 2019 environmental law. R. Nelson, W. Timms, S. Nair, Environmental and Dr Nelson holds a Doctor of the Science of Law Planning Law Journal from Stanford University, where her dissertation focused on empirically assessing regulatory Sick City Streams: New Approaches to Legal arrangements for protecting surface water and Treatments ecosystems from the impacts of pumping Journal article I 2019 groundwater. She also holds a Masters in law R. Nelson, Melbourne University Law Review (Stanford) and Bachelor of Engineering

(Environmental) and Bachelor of Laws (University of Melbourne). Dr Nelson formerly worked as a Options for Long-Term Protection of lawyer at the Murray-Darling Basin Authority and groundwater-Dependent Ecosystems and in private practice in Australia. Surface Waters in the Gerangamete and Gellibrand Groundwater Management Areas Research Interest: water law, natural resources law, controlling cumulative environmental effects Report I 2019 through environmental law and natural resources R. Nelson, report to the Land and Water laws Resources Otway Catchment Landcare group

Federalism and Environmental Frontiers Blog I 2019 R. Nelson, IACL – AIDC Blog, 7 November

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 56 of 59 2019 - 2021 Why do Australia’s environmental laws fail to Chief Investigator: Rebecca Nelson save our species from extinction? with Lee Godden, Erin O’Donnell, Avril Horne Blog I 2019 R. Nelson, A. Akhtar-Khavari, E. McPherson, E. • Options for long-term security for O’Donnell, K. Woolaston, J. Yates, A. Pelizzon, groundwater-dependent ecosystem World Commission on Environmental Law Blog, Land and Water Resources Otway Catchment International Union for the Conservation of 2019 Nature, 13 July Principal Chief Investigator: Rebecca Nelson

• Legal Dimensions of Climate Risk Projects: Melbourne Sustainable Society Institute 2018 - 2019 • Regulating Cumulative Environmental Effects: Designing Global Best Practice Co-Investigator: Rebecca Nelson Discovery Early Career Research Award, ARC With six other MLS and Arts Faculty academics 2018 - 2021 Researcher: Rebecca Nelson

• Water Access for Aboriginal Economic Development in Victoria Murray-Lower Darling Indigenous Nations and Federation of Victorian Traditional Owner Corporations

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 57 of 59 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.

Page 58 of 59 Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019

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 4548 [email protected]

Centre for Resources, Energy and Environmental Law (CREEL) | Annual Report 2019 Page 59 of 59