Papers by Anne McNaughton
Law Society of NSW journal, 2016
This overview covers key issues relating to the legal steps required of a member state to leave t... more This overview covers key issues relating to the legal steps required of a member state to leave the EU. It addresses first, article 50 and the likely shape of negotiations for Brexit; second, the external dimension including the re-establishment of ties with third countries in areas that have been in the exclusive competence of the European Union institutions; and third, internal issues, notably the legal issues around devolution and the viability of the United Kingdom’s political system.
Discrimination in and of itself is not a bad thing. We discriminate when we choose a crunchy juic... more Discrimination in and of itself is not a bad thing. We discriminate when we choose a crunchy juicy apple over a soft, floury apple. We discriminate when we choose AFL over rugby union or soccer; and we discriminate when we choose an Apple iPhone instead of another brand of smart phone. We discrimi nate against women when we select men for the men's Olympic rowing team and we discriminate against men when we select women for the women's Olympic rowing team.
The 4th Edition of Commercial Law: Commentary and Materials reflects changes in legislation and c... more The 4th Edition of Commercial Law: Commentary and Materials reflects changes in legislation and case law. It contains new commentary, classic cases and new decisions and continues to provide an account of the fundamentals and more challenging aspects of modern Australian commercial law. This new edition has been significantly restructured and includes a number of completely new chapters. It adds statutory personal property securities (Personal Property Securities Act 2009 (Cth)) to consideration of concepts of property, possession, agency, bailment, and ownership. Different chapters examine transfer of ownership, registration and sale. It examines liability for goods and services via contract and consumer guarantees in both the Sale of Goods Act and the Australian Consumer Law. The section on fair dealing sets out unfair contract terms, unconscionability and misleading or deceptive conduct. This edition has been produced by a team of scholars. Ryan Catterwell (UQ) is responsible for...
International Journal of the Sociology of Agriculture and Food, 2013
This article uses a responsive regulation perspective to explore relationships between standards ... more This article uses a responsive regulation perspective to explore relationships between standards organizations and state agencies in ostensibly private sector regulation of food quality and safety. First we will trace some of the history of the GLOBALG.A.P. private agri-food standard and then, using empirical case studies, highlight how this particular form of responsive regulation has played out in three distinct national contexts: Australia, the Philippines and Vietnam. In each case, the interplay between public and private sector regulation was pivotal in shaping the influence of private standards on social relations of production and on the subsequent evolution of regulation in both spheres. While there is an emphasis within GLOBALG.A.P. on benchmarking and harmonization, the interdependency between standards and national regulatory contexts means that neither the standards themselves nor the products that are certified against them are internationally uniform. Private–public se...
Multi-level Governance: Conceptual challenges and case studies from Australia
LSJ: Law Society of NSW Journal, 2017
Since our last Brexit instalment (LSJ, August 2016, p70), there has been a UK court challenge con... more Since our last Brexit instalment (LSJ, August 2016, p70), there has been a UK court challenge concerning the way in which the Government gives effect to its obligations under Article 50 of the Treaty on European Union ('TEU'); the question of whether the UK might remain in the internal market for goods, services and capital, but nothing else, has been answered; the question of Scottish independence has resurfaced, not that it ever truly went away, and the UK has begun courting other countries to discuss negotiating trade agreements once it leaves the EU.
Since we last wrote, quite a bit has happened that directly and indirectly relates to the withdra... more Since we last wrote, quite a bit has happened that directly and indirectly relates to the withdrawal of the UK from the EU. Directly, the European Council concluded the Guidelines in accordance with which the negotiations for the UK's withdrawal and future relationship with the EU are to be conducted. Those negotiations have commenced but still have a long way to go. The UK Parliament has promulgated a bill to repeal the 'European Communities Act 1972' which gave effect to the UK's membership of what is now the EU. Further legislation is envisaged to manage specific policy areas once the UK has left the EU. A series of events across Europe have indirectly had an impact on the Brexit process as well.
Review(s) of: Judicial Review and the Rights of Private Parties in EC Law, by Angela Ward, (Unite... more Review(s) of: Judicial Review and the Rights of Private Parties in EC Law, by Angela Ward, (United Kingdom: Oxford University Press, 2000) pp 350, ISBN 019826822X.
The law of contract is an area of private law that governs consensual relations between private p... more The law of contract is an area of private law that governs consensual relations between private parties. The 'consensual relation' is, of course, the contract. So, whereas the law of tort deals with the rights and obligations we have in relation to people we do not know, contract law deals with the rights and obligations of people who know each other because they have decided to deal, or 'treat' with each other. In Australia, as in most of the world, our economy is a market-based economy at the heart of which is the contract. Most people in Australia enter into many contracts during their lives. If you pay to ride on a bus, train, tram or ferry; if you buy your lunch or a snack; if you buy an app for your phone or an iTune for your mp3 player, then you have entered into a contract.
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Papers by Anne McNaughton