This article provides a First Nations standpoint on climate change, informed by human rights law and legal education. It is co-authored by a Yuin woman who is a law academic, a Wirdi man who is a Queens Counsel, and a human rights law academic. The…
This article explores the relationship between two legal fields which represent the legal backbone of contemporary cross-border and Internet commercial activity: conflict of laws and international taxation. Despite the growing significance of the two…
It is customary in an introduction for guest editors to explain the theme of the special issue and introduce the authors. While we intend to do both of these things, we also want to explain why we chose to undertake this project and address and…
This article addresses the impact of the climate crisis on the mental health of young people in the context of legal education. It reviews the evidence on youth mental health regarding the climate crisis and applies it to what is already known about…
Climate change will impact most, if not all, aspects of law and regulation. Law is a key mechanism of social governance, and it has a key role to play in regulating and addressing the causes and consequences of climate change. In the midst of the…
Documents are critical in native title litigation. This article explores the different methods of, and common problems encountered when, accessing such documents. By examining recent decisions dealing with the ‘Hearne v Street obligation’, non-party…
First Nations analyses, climate science, social science and legal research indicate the significant role of private law in facilitating the conditions of climate change. Private law is a contingent feature of planetary health because its key concepts…
Climate change is a global problem. This characterisation has major consequences for international law, domestic law and legal education. Drawing on legal developments, scholarship and pedagogy, this article has three main claims. First, it argues…
Tort law presents doctrinal barriers to plaintiffs seeking remedies for climate change harms in common law jurisdictions. However, litigants are likely to persist in pursuing tortious causes of action in the absence of persuasive policy and…
Opposition to collective action on climate change takes at least two forms. Some people deny that climate change is occurring or that it is due to human activity. Others maintain that, even if climate change is occurring, we have no duty to do…
