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Macquarie Law School

Macquarie Journal of International and Comparative Environmental Law

The Macquarie Journal of International and Comparative Environmental Law (MqJICEL) contains a variety of articles and book reviews together with relevant case and legislative commentary. The MqJICEL will stand apart from other environmental law journals through its emphasis upon analysis of comparative environmental law issues at international, regional and local levels.

The MqJICEL is a double-blind refereed journal incorporating a high standard of peer-reviewed academic works. The editorial board is made up of 12 distinguished experts in the field of international environmental law from 11 different countries. The Journal is supported by its patron, the Honourable Justice Paul Stein, AM formerly of the NSW Court of Appeal and the NSW Land and Environment Court.

Current Edition

Volume 7 No 2, 2011

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Download Volume 7 No 2 as a single document (PDF).

Contents

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Articles

Julia Dehm
Tricks of Perception and Perception: The disappearance of Law and Politics in Carbon Markets; Reading Alexandre Kossoy and Phillippe Ambrosi, 'STATE AND TRENDS OF THE CARBON MARKET 2010'
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Rafael Plaza
The South American Dilemma:  Sustainable Development and Renewable Energies - Can Transitional Power Grids Assist in Solving it?
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Jessica Rae, Mahala Gunther and Lee Godden
Governing Tropical Forests: Redd+, Certification and Local Forest Outcomes in Malaysia
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Kirsty Ruddock and Donna Green
What Legal Recourse Do Non-State Islands Have to Obtain Resources to Adapt to Climate Change?
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Tony Hill
UN Climate Change Conference in Durban:  Outcomes and Future of The Kyoto Protocol
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Journal Patrons and Editorial Board

PATRON

The Hon Justice Paul Stein AM
Formerly NSW Court of Appeal

EDITORIAL BOARD

Prof. Nicholas A Robinson
Pace University, White Plains NY

Prof. Dr. Bharat H. Desai
Jawaharlal Nehru University, New Delhi, India

Prof. Koh Kheng Lian
National University of Singapore

Prof. Antonio Herman Benjamin
Director, Brazilian Env Law & Policy School,
Law for a Green Planet Institute, Sao Paulo, Brazil

Prof. John Bonine
University of Oregon, Eugene, Oregon

Prof. Dr. Sunee Mallikamarl
Faculty of Law, Ramkhamhaeng University, Thailand

James Cameron
Co-founder and Head of Climate Change, Policy Advisory and Chairman of Advisory board to Climate Change Capitol, Consultant, Baker & Mackenzie

Prof. Charles O. Okidi
Nairobi University, Nairobi, Kenya

Prof. Dr. Klaus Bosselmann
University of Auckland, New Zealand

Prof. Jose Juan Gonzalez
Universidad Metropolitana de Mexico, Mexico City, Mexico

Prof. David VanderZwaag
Dalhousie University, Halifax, NS Canada

Prof. Dr. Wang XI
Shanghai Jiaotong University, Shanghai, China

Information for authors

Instructions for Contributors

  1. Contributions are sought from a wide range of authors, including academics, leading practitioners, students and those working in government or non-governmental organisations. If you wish to contribute, please contact the editors at arts.mqjicel@mq.edu.au.
  2. Contributions should be submitted in typewritten form using Word 1997 or later. Articles should be saved in '.doc' or '.docx' format. A template for contributions can be found here.
  3. Contributions should follow the Australian Guide to Legal Citation 3rd Edition which can be viewed on the MULR website at: http://mulr.law.unimelb.edu.au/go/aglc.
  4. Articles should be between 7,000 and 10,000 words in length. Shorter papers should be between 3,000 and 5,000 words in length. Case notes, reports on recent developments and book reviews should be approximately 1,500 words in length.
  5. Manuscripts must include an abstract (of approximately 200 words) on a separate page together with a 200 word biography in relation to the author(s).
  6. Submissions should not currently be under consideration for publication elsewhere, or have been substantially published in any other publication.
  7. All articles appearing in the journal are refereed. The process of refereeing usually takes between 4 and 6 weeks. Authors will be notified as soon as possible of the decision of the Editorial Committee regarding publication.
  8. Although articles will be subject to a rigorous editing process, the accuracy of quotations, titles, names, dates and footnotes is the responsibility of the author.
  9. Copyright of articles and other contributions published in the Macquarie Journal of International and Comparative Environmental Law is vested in the journal and its contributors. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Inquiries should be directed to the Editors.

Contact the Editors

Questions about the journal should be directed to:

Current Staff Editors

Shawkat Alam
Tel: +(61 2) 9850-8890
Fax: +(61 2) 9850 7686
Email:  shawkat.alam@mq.edu.au

Paul Govind
Tel: +(61 2) 9850-7863
Fax: +(61 2) 9850-7686
Email:  paul.govind@mq.edu.au

Past Editions

Volume 1 No 1, 2004

Volume 1 No 1, 2004

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ARTICLES

Alfred Rest
Enhanced Implementation of International Environmental Treaties by Judiciary - Access to Justice in International Environmental Law for Individuals and NGOs: Efficacious Enforcement by the Permanent Court of Arbitration
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Katie O'Bryan
The Appropriation of Indigenous Ecological Knowledge: Recent Australian Developments
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Douglas J R Moodie
The Cautious 'Frankenfish': Environmental Protection and Other Canadian Regulatory Issues Relating to Transgenic Fish
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Annie Lin Jin Tsui
Australian Regulation of Gene Technology: Impacts on Biodiversity
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COMMENTARY

Paul Kuruk
Cultural Heritage, Traditional Knowledge and Indigenous Rights: An Analysis of the Convention for the Safeguarding of the Intengible Cultural Heritage
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BOOK REVIEW

Michael Jeffery QC
Climate Change in New Zealand: Scientific and Legal Assessments
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Volume 1 No 2, 2004

Volume 1 No 2, 2004

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ARTICLES

David K Leary
Bioprospecting and the Genetic Resources of Hydrothermal Vents on the High Seas: What is the Existing Legal Position, Where are we Heading and What are our Options?
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Meinhard Doelle
Climate Change and Human Rights: The Role of the International Human Rights in Motivating States to Take Climate Change Seriously
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Liesbeth Peeters
Square Peg, Round Hole Jurisdiction over Minerals Mining Offshore Antarctica
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Laura Horn
The Implications of the Concept of Common Concern of Humankind on a Human Right to a Healthy Environment
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COMMENTARY

Claire Vines
'It's Not Easy Being Green' - The Illusion of 'Green' and Environmentally Protective Provisions within the North American Free Trade Agreement (NAFTA)
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BOOK REVIEW

Susan Shearing
The Disappearing 'Asian' City: Protecting Asia's Urban Heritage in a Globalizing World
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Volume 2 No 1, 2005

Volume 2 No 1, 2005

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ARTICLES

Steven Freeland and Julie Drysdale
Co-Operation or Chaos? - Article 65 of United Nations Convention on the Law of the Sea and the Future of the International Whaling Commission
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Elaine Johnson
The Interface between Trade, Investment and Sustainable Development: Implications for India
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Liza D Fallon and Lorne K Kriwoken
Environmental Impact Assessment under the Protocol on Environment Protection to the Antarctic Treaty and Australian Legislation
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Michael I Jeffery QC
Environmental Ethics and Sustainable Development: Ethical and Human Rights Issues in Implementing Indigenous Rights
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Shawkat Alam and Rafiqul Islam
The Trade-Environment Interface: Issues Lurking Behind the North-South Tensions
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Volume 2 No 2, 2005

Volume 2 No 2, 2005

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EDITORIAL NOTE

Michael Jeffery, QC
Report of IUCN Academy of Environmental Law
Annexure A - Kofi A Annan, Secretary General, United Nations
Annexure B - Macquarie Statement
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ARTICLES

Werner Scholz
Animal Culling: A Sustainable Approach or Anthropocentric Atrocity?: Issues of Biodiversity and Custodial Soveignty
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Donna Craig and Michael Davis
Ethical Relationships for Biodiversity Research and Benefit-Sharing with Indigenous Peoples
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Klaus Bosselmann
Achieving the Goal and Missing the Target: New Zealand's Implementation of the Kyoto Protocol
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Erika J Techera
Protected Area Management in Vanuatu
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BOOK REVIEWS

Michael Jeffery, QC
The Yearbook of European Environmental Law
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David Leary
Collapse: How Societies Choose to Fail or Survive
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Volume 3 No 1, 2006

Volume 3 No 1, 2006

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ARTICLES

Joseph Chun
Beyond Real Estate: Sowing the Legal Seeds for an Ethical Public Land Stewardship in Singapore
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Susan Shearing
One Step Forward? Recent Developments in Australian State and Territory Indigenous Cultural Heritage Laws
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Tom Baxter
Legal Protection for the Great Barrier Reef World Heritage Area
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Renee Garner
Regulating a National Emissions Trading System within Australia: Constitutional Limitations
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Rhys Manley
Developmental Perspectives on the TRIPs and Traditional Knowledge Debate
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Volume 3 No 2, 2006

Volume 3 No 2, 2006

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EDITORIAL NOTE

Michael Jeffery, QC
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ARTICLES

Andrew Hutchinson
Baleen Out the IWC: Is International Litigation an Effective Strategy for Halting the Japanese Scientific Whaling Program?
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Kim Bauer
Social Equity and the New Right: Internal Tensions in the New Zealand Planning System
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Abdullah Al Faruque and Md Zakir Hossain
Regulation Vs Self Regulation in Extractive Industries: A Level Playing Field
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David Randle
The Provision of Economic Resources for the Convention on Biological Diversity - An Endangered Species
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Mark Beaufoy
Is the Law of the Sea Ready for Nuclear Leasing?
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Yvette Jackson
Evolutionary Spiral in the Development of Environmental Ethics
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BOOK REVIEW

Michael Jeffery, QC
Environmental Law for Sustainability
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Volume 4 No 1, 2007

Volume 4 No 1, 2007

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ARTICLES

Erika J Techera
Protection of Cultural Heritage in Times of Armed Conflict: The International Legal Framework Revisited 
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Alexandra Carleton
Piracy in the Modern Age: Reviewing the Mechanisms which Combat Pillage
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Kheng-Lian Koh 
Asian Environmental Protection in Natural Resources and Sustainable Development: Convergence Versus Divergence?
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Jane Scanlon 
An Appraisal of the NSW Biobanking Scheme to Promote the Goal of Sustainable Development in NSW
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Volume 4 No 2, 2007

Volume 4 No 2, 2007

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ARTICLES

Juliette Overland
Corporate Social Responsibility in Context: The Case for Compulsory Sustainability Disclosure for Listed Public Companies in Australia 
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Thomas Garry
Water Markets and Water Lessons in the United States: Lessons from Australia
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Paul Govind 
The Role of the Public as a Regulatory Actor in the Context of Climate Change Regulation 
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Maureen Papas 
The Proposed Governance Framework for the Murray-Darling Basin 
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BOOK REVIEW

Erika J Techera 
The Forest Wars
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Volume 5 No 1, 2008

Volume 5 No 1, 2008

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ARTICLES

Rose Mwebaza
Regulating the Environment in the European Union: A Critical Review of the General Law of European Union External Environmental Relations
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Brett Buchheit and Matthew Mansfield
The Global Water Crisis: Impending Disaster and the Road to Collapse
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Abdul Ghafur Hamid @ Khin Maung Sein and Nik Ahmad Kamal Nik Mahmod
The WTO Rules Versus Multilateral Environmental Agreements: The Search For Reconciliation
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Tamzyn Chapman
Corroboree Shield:
A Comparative Historical Analysis of (The Lack of) International, National and State Level Indigenous Cultural Heritage Protection
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Xiaodong Tou
The Transboundary Movement of Harmful Wastes and the Transformation of Traditional State Responsibility
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BOOK REVIEW

Donna Craig
Biodiversity Conservation, Law + Livelihoods Bridging the North-South Divide
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Volume 6, 2009

Volume 6 (double edition), 2009

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EDITORIAL NOTES

Judith Preston
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ARTICLES

Paul A Barresi
The Right To An Ecologically Unimpaired Environment As A Strategy For Achieving Environmentally Sustainable Human Societies Worldwide.

Nikolaos E Farantouris
The International And Eu Legal Framework For The Protection Of Wetlands With Particular Reference To The Mediterranean Basin
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Md Saiful Karim
Implementation Of The Marpol Convention In Bangladesh
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Johanna Lindqvist
Reindeer Herding: A Traditional Indigenous Livelihood
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Brian J Preston
Water And Ecologically Sustainable Development In The Courts
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Matthew Rimmer
The Sorcerer II Expedition: Intellectual Property And Biodiscovery
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Mark Shepheard & Professor Paul Martin
The Multiple Meanings and Practical Problems With Making A Duty Of Care Work For Stewardship In Agriculture
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Shobha Kumari Yadav and Koh Kheng Lian
The Management Of Persistent Organic Pollutants In Nepal
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BOOK REVIEW

Elise Trask
Environmental & Planning Law In New South Wales (2nd Edition)
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Volume 7 No 1, 2011

Volume 7 No 1, 2011

The linked files on this page require Adobe Acrobat Reader for viewing and printing. This software can be downloaded for free by clicking here.


Download Volume 7 No 1 as a single document (PDF).

ARTICLES

Maryse Grandbois and Marie-Claude Auger Bouchard
Public Participation in Transnational Law: Access to Justice in Environmental Matters in North American Treaties
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Laura Schuijers
Application of a Rights-Based Approach to Conservation: The Problem of Fragmentation and the Need for a Coordinated Response
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Sharizal Mohd Zin and Ashfraf U. Sarah Kazi
An Analysis of Customary International Law and the Importance of Dispute Settlement: A Study of Environmental Law Exceptions Under Article XX
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SHORT ARTICLES


Guy Dwyer
Standing, Adaptive Management and the Queensland Lungfish: Wide Bay Conservation Council v Burnett Water Pty Ltd
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Paul Govind
Managing the Relationship Between Adaptation and Coastal Land Use Development Through the Use of s 149 Certificates
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RECENT DEVELOPMENTS


Phillip Divisek
Climate Change Torts: American Electric Power v Connecticut
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Md. Saiful Karim
MO Mandatory Energy Efficiency Measures for International Shipping: The First Mandatory Global Greenhouse Gas Reduction Instrument for an International Industry
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BOOK REVIEW

Hannah Dawson and Isabella Swift
Cultural Law: International, Comparative, and Indigenous
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Subscriptions

The Journal is available on direct subscription. Please send your subscription form to:

Administrative Officer (W3A 531)
Macquarie Law School
Macquarie University
NSW 2109
AUSTRALIA

Email: lawadmin@mq.edu.au