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Publications - Sharon Mascher

Books, Chapters, Monographs and Reports

  • "Rights-based 'Recognition': The Canadian Experience" in Constitutional Recognition of Indigenous Australians, Simon Young et al, editors (Brisbane, Federation Press, 2016) with S. Young
  • “The Australian Approach to Recognising the Land Rights of Indigenous Peoples: The Native Title Act 1993 (Cth) in The Proposed Nordic Saami Convention: National and International Dimensions of Indigenous Property Rights, Nigel Bankes and Timo Koivurova, editors (Oxford: Hart Publishing, 2013) 223-250
  • "Australia: From ‘No Regrets’ to A Clean Energy Future?" in Erkki Hollo, Kati Kulovesi and Michael Mehling (eds) Climate Change and the Law (Berlin: Springer, 2013) with D. Hodgkinson
  • “The Australian Approach to Recognising the Land Rights of Indigenous Peoples: The Native Title Act 1993 (Cth)” in Nigel Bankes and Timo Koivurova (eds) The Nordic Saami Convention and the Property Rights of Indigenous Peoples (working title) (Oxford: Hart Publishing, forthcoming 2012).
  • Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011), editor with P. Carruthers and N. Skead
  • “Property and Sustainability in Context” in P. Carruthers, Sharon Mascher and Natalie Skead (eds) Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011) 1-21, with P. Carruthers and N. Skead
  • “The Story of Water Management in Australia: Balancing Public and Private Property Rights to Achieve a Sustainable Future” in P. Carruthers, S. Mascher and N. Skead (eds) Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011) 93-124, with P. Carruthers
  • “Pollution Control in the Coastal Zone” in Coast Law in Western Australia (Perth: Environmental Defender’s Office, 2002) 247 – 269, with A. Clarke.
  • “Environmental Protection under Common Law” in A Guide to Environmental Law in Western Australia (Perth: Environmental Defender’s Office, 1997) 35-55.
  • Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997) editor and contributor with R. Bartlett and A. Gardner (388 pp)
  • “Water Resource Management Objectives” in R. Bartlett, A. Gardner & S. Mascher (eds) Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997), 3-34, with N. Sidebothem
  • “Water Management in New Zealand: The Resource Management Act 1991” in R. Bartlett, A. Gardner & S. Mascher (eds) Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997) 171 - 207.
  • “Providing Water for the Environment: Protecting Instream Values and Ecosystems” in R. Bartlett, A. Gardner & S. Mascher (eds) Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997) 295 - 315.
  • “Using Water Efficiently: Conserving the Resource” in R. Bartlett, A. Gardner & S. Mascher (eds) Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997) 316 - 336.
  • “Reforming Water Quality Management in Western Australia” in R. Bartlett, A. Gardner & S. Mascher (eds) Water Law in Western Australia: Comparative Studies and Options for Reform (Perth: Centre for Commercial and Resources Law, 1997) 337 - 388.
  • Harnessing Self-Interest? The Privatization of Carbon Credits (Centre for Studies in Agriculture, Law and the Environment: Saskatoon, 2004) (31 pages).
  • Designing a Canadian Offset System: Comparing Approaches in Other Jurisdictions (Centre for Studies in Agriculture, Law and the Environment: Saskatoon, 2004) (37 pages).

Journal Articles

  • "From Smokes to Smokestacks: Lessons from Tobacco for the Future of Climate Change Liability" (2017) Georgetown Env. L. Rev. (with Martin Olszynski and Meinhard Doelle) (Forthcoming) (SSRN)
  • "Adaptive Management in Water Law: Evaluating Australian (New South Wales) and Canadian (British Columbia) Law Reform Initiatives" (2016) McGill International Journal of Sustainable Development Law & Policy (forthcoming), with Deborah Curran.
  • "Neglected Sovereignty: Filling Canada's Climate Change Gap with Unilateral Measures" (2016) 29 JELP 361. (online)
  • "Climate change justice and corporate responsibility: commentary on the International Bar Association recommendation," (2016) Journal of Energy & Natural Resources Law (published online 02 February, 2016)
  • “Can Environmental Laws Fulfill Their Promise? Stories from Canada" (2014) Sustainability 6(9), 6024-6048, with Nigel Bankes and Martin Olszynski
  • "The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles Systems" (2014) 47:3 UBC L Rev 829, with Nigel Bankes and Jonnette Watson Hamilton. Available on SSRN.
  • "Climate Change Law in Australia: An Overview" (2012) II B Finnish Environmental Law Review 4-19 (with David Hodgkinson)
  • "On the Record: The Trials and Tribulations of Lecture Recording in Law” 35(2) University of Western Australia Law Review (forthcoming), with N. Skead
  • “The Story of Water Management in Australia: Balancing Public and Private Property Rights to Achieve a Sustainable Future” (2011) 1/2 Property Law Review 97-121, with P. Carruthers
  • “Harnessing Self-Interest to Realize the Double-Dividend? Achieving Other Environmental Benefits through Carbon Credits” (2006) 16 Journal of Environmental Law and Practice 99-129
  • “Sowing the Seeds of Discontent? Australia’s New Gene Technology Act” (2003) 12(3) Journal of Environmental Law and Practice 341-372
  • “Too Hot to Handle? Uranium and Nuclear Power in Australia’s Energy Mix” (2007) 26 Australian Resources and Energy Law Journal 330-343
  • “Indigenous Land Use Agreements: A Pathway for Negotiating the Future” (1998) 17(3) Australian Mining and Petroleum Law Journal 300-310 with Anne Sheehan
  • “Australia’s National Greenhouse Response: Implications for the Energy Sector” (1997) 16 Australian Mining and Petroleum Law Journal 126-133
  • “Taking the Precautionary Approach: Fisheries Management in New Zealand” (1997) 14 Environmental and Planning Law Journal 70-79
  • “Protecting Water Quality in Western Australia” (1996) 26(2) University of Western Australia Law Review 401-426
  • “Current Developments in Western Australian” (1996) 3(1) Australasian Journal of Natural Resources Law, with A. Gardner
  • “Ben Ward et al on behalf of the Muriuwung and Gaggerong People v The State of Western Australia” (1998) 17(4) Australian Mining and Petroleum Law Journal 414-420
  • “Upping the Ante - Amending Western Australia’s Pollution Control Provisions” (1998) 17(2) Australian Mining and Petroleum Law Journal 210 – 215
  • “The Carbon Pollution Reduction Scheme: What Happens Next?” (2009) 16 Butterworths Corporation Law Bulletin, with D. Hodgkinson and T. Burton

Other Publications

  • “Climate Change Governance in Australia: Inaction over Action?” (2nd Global Conference on Environment Governance and Democracy Conference Proceedings: UNITAR/Yale University, 2010) (25 pages), with D. Hodgkinson
  • “Australia Climate Change Law” (National Report for the XVIIIth International Congress of the International Academy of Comparative Law: Washington, 2010), with D. Hodgkinson and A. Gardner
  • “Whither the Australian Emissions Trading Scheme? The Defeat of the CPRS and Future Climate Change Policy” in D. Hodgkinson (ed), Climate Law and Policy in Australia (LexisNexis e-book, 2009) with D. Hodgkinson
  • “‘We will combat global climate change with American Ingenuity’: The Clean Energy Jobs and American Power Act” in D Hodgkinson (ed), Climate Law and Policy in Australia (LexisNexis e-book, 2009) with D. Hodgkinson
  • “The Carbon Pollution Reduction Scheme: What Now for Climate Law in Australia?” in David Hodgkinson (ed), Climate Change Law and Policy in Australia (Lexis/Nexis e-book, 2009) with D. Hodgkinson and T. Burton
  • “Australia’s National Energy Strategy: Preparing for a Sustainable Future?” (Energex 2007 – 12th International Energy Conference & Exhibition Conference Proceedings: Singapore, 2007)
  • “Right on Target? Australia’s Mandatory Renewable Energy Target” (International Workshop on Legal Issues for Clean Energy and Climate Change Conference Proceedings: Beijing, 2006)

Editorial Responsibilities

  • 2013 - ongoing Co-Editor, Journal of Environmental Law and Practice, Thomson Carswell (with M. Olszynski and M. Doelle)
  • 2003 - 2005 Co-Editor in Chief, Journal of Environmental Law and Practice, Thomson Carswell (with M. Bowden and M. Phillipson)
  • 1997-1998 Centre Co-Editor, Australian Mining and Petroleum Law Journal (with R. Bartlett)

Conferences and Presentations

  • Panelist, Legal and Regulatory Principles – What Constitutes Adequate First Nations Consultation and Accommodation?, CAMPUT 2017, Vancouver, BC, May 9, 2017. (more)
  • Sharon Mascher and Simon Young, "Indigenous Representation, Politics and Recognition," International Australian Studies Association Conference "Re-imagining Australia: Encounter, Recognition, Responsibility," Fremantle, Western Australia, December 9, 2016. (more)
  • Panelist, "Is a carbon tax our next Lorax?" Green Regs n' Ham, The Environmental Law Centre, Edmonton, Alberta, October 5, 2016. (more)
  • Sharon Mascher, "Canadian Courts and Climate Change: Rising to the Challenge" IUCN Colloqium, "The Environment in Court – Environment protection in national and international courts, tribunals, and compliance mechanisms" Pluri Courts and the University of Oslo, Oslo Norway, June 20 – 24, 2016
  • An Introduction to the International Framework for Climate Change", Indigenous Peoples and Climate Change, Kamloops, British Columbia, February 17 and 18, 2016
  • "Intersections between Environmental Law Indigenous Governance of Aboriginal Title", Determining Access: Theory and Practice in Implementing Indigenous Governance over Lands and Resources, Kamloops, British Columbia, February 15 and 16, 2016
  • "California to Ontario, British Columbia and Quebec: Linking Climate Policy at the Subnational Level to Achieve International Goals", 2015 San Diego Climate & Energy Law Symposium, November 6, 2015
  • "Neglected Sovereignty: Filling Canada's Climate Change Gap with Extra-Territorial Measures", Apres .... le Deluge, Journal of Environmental Law and Practice Bi-Annual Conference, Kananskis, Alberta, June 5 – 7, 2015
  • "Canada's Climate Change Policy", Faculty Seminar, University of Southern Queensland, Toowoomba, Queensland, February 17, 2015
  • " 'Rights-based 'Recognition': The Canadian Experience" Indigenous Australians and the Constitution Colloquium, University of Southern Queensland, February 18, 2015 (with Professor Simon Young)
  • "Unilateral State Action to Address Climate Change: A Role for Carbon Tariffs?" 43rd Annual Canadian Council of International Law Conference, "Combustion" Energy, Resources and Environmental Law Issues Igniting International Law (Ottawa, Ontario, November 13 – 15, 2014).
  • "The Place for Renewables in an Oil Sands Rich Province: Alberta's Energy Policy" 11th Summer Academy 'Energy and the Environment,' Insitute fur Klimaschutz, Energie und Mobilitat, Berlin, Germany, July 20-25, 2014
  • "The Nature of Indefeasibility in Canadian Land Titles Systems" Association of Law Property and Society Annual Meeting, University of British Columbia, May 1-3, 2014 (with Professor Jonnette Watson Hamilton)
  • "Creative Sentencing: Comparative Experience" Environment in the Courtroom (III): Sentencing and Environmental Offenses, Dalhousie University, February 21 and 22, 2014
  • "Creating a Fragmented and Disconnected Legal Space for Aboriginal/Native Title and Rights: The Australian and Canadian Approach" Law on the Edge Law & Society Association of Australia & New Zealand and Canadian Law and Society Association, University of British Columbia, July 1-4, 2013
  • "De-Constructing Australia's Energy Policy" Journal of Environmental Law and Practice National Conference, Saskatchewan, May 31 - June 2, 2012
  • "Sustainable Water Allocation Between Food Growers and Other Users: The Australia Experience" World Water Day Panel, The Global Transboundary International Waters Initiative and the Institute of Asian Research, University of British Columbia, March 22, 2012
  • “Wooden Bridges to a Sustainable Future” The Politics of Biodiversity, National Environmental Law Association Conference, Canberra, Australia, 20-23 October 2010
  • “Returning Water to the Commons?” 10th Australasian Property Law Teachers Conference, University of Western Australia, Perth, Australia, 24-26, September 2010 with P Carruthers
  • “Climate Change Governance in Australia: Inaction over Action?” 2nd Global Conference on Environment Governance and Democracy Conference Proceedings: UNITAR/Yale University, New Haven, United States, 17 – 19 September 2010
  • “International Climate Change Policy, What’s Next?” Institute of Advanced Studies Seminar on Climate Change Policy in WA, Australia and the World: What’s Next?, University of Western Australia, Perth, Australia, 13 July 2010
  • “Happier, Healthier and Carbon Neutral Too? Designing a Legal Response to Climate Change to Realize the Co-Benefits of Active Transport”, International Workshop on Climate Change and Public Health: Law, Justice and Governance, University of Bristol, Bristol, UK, 8-9 February 2010
  • “The Australian Native Title Act 1993 (Cth)” Recognition of Indigenous Property Systems within Arctic States, Nordic Council Project, Launch Workshop, Banff, Canada, 16 – 18 October 2009
  • “Hooked on Carbon? Australia and Canada’s Domestic Response to Climate Change Mitigation”, Faculty of Law Research Seminar, University of Calgary, Calgary, Canada, October 2009
  • “Australia’s Domestic Response to Climate Change: The Proposed Carbon Pollution Reduction Scheme”, Environmental Law Club and Environmental Law Centre sponsored lecture: University of Victoria Law Faculty, Victoria, Canada, September 2009
  • “Beyond Kyoto”, Impacts of Globalisation Forum, Australian Global Studies Research Centre: Perth, Australia, 13-14 August 2009
  • “The Latest Carbon Pollution Reduction Scheme Model – How it Works, What It Can Deliver”, Australian Labour Party Climate Change Forum, Perth, Australia, 14 June 2009
  • “Australia’s National Energy Strategy: Preparing for a Sustainable Future?” Energex 2007 – 12th International Energy Conference & Exhibition, Singapore, November 2007
  • “Right on Target? Australia’s Mandatory Renewable Energy Target” International Workshop on Legal Issues for Clean Energy and Climate Change, Centre for Environment, Natural Resources & Energy Law: Tsinghua University, Beijing, China, October 2006
  • “Building a Wooden Bridge to the Future?: The Role of Carbon Sinks in a National Emissions Trading Scheme” Australian Law Teachers Association Annual Conference: Victoria University, Melbourne, Australia, 2006.
  • “Splitting the Baby – Water Allocation in Australia”, Just Add Water Conference, Saskatchewan Legal Education Society Inc, Saskatoon, Saskatchewan, 2002.
  • “Pollution Control in the Coastal Zone” Lines in the Sand, Coast Law in Western Australia Conference, Environmental Defender’s Office, Fremantle, Australia, 2002 with A Clarke
  • “Legal Issues concerning the Use, Patenting and Protection of GMOs”, Australian Institute of Agricultural Science and Technology Genetically Modified Organisms Seminar, Perth, Australia, 2000
  • “An Outline of Farmers’ Legal Obligations, Rights and Responsibilities”, Environmental Defender’s Office Rural Seminar Series on the Law of Landcare, Esperance, Narrogin, Tammin and Carnamah, Western Australia, March and April 1998
  • “Planning and the Environment”, National Environmental Law Association Western Australia State Conference, Perth, Australia, 1996, with L Stein
  • “Environmental Protection under Common Law”, Environmental Defender’s Office Environmental Law Seminar, Perth, Australia, 1996

Conferences Organized

  • Journal of Environmental Law and Practice National Environmental Law Conference: 'Apres ... le Deluge': Future Directions for Environmental Law and Policy in Canada, University of Calgary and Kanaskis Field Station, June 5 – 7, 2015 with Martin Olszynski and Meinhard Doelle
  • 10th Australasian Property Law Teachers Conference: Property and Sustainability, University of Western Australia, Perth, Australia, 24-26 September 2010 with P C and N Skead
  • The Copenhagen Climate Change Conference and Its Implications for Australia, University of Western Australia, Perth, Australia, 3 February, 2010
  • Australian Law Teachers Association Annual Conference: Law and Policy, Taming the Unruly Horse? University of Western Australia, Perth, Australia, September 2007 with W Ford, P Carruthers and E Webb
  • First Journal of Environmental Law and Practice National Environmental Law Conference: Defining Canada’s Environmental Priorities, University of Saskatchewan, Saskatoon, Canada, June 2004 with M Bowden and M Phillipson