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David Williamson and Gary Lynch-Wood

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Edited by Edwin Woerdman, Martha Roggenkamp and Marijn Holwerda

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Edited by Edwin Woerdman, Martha Roggenkamp and Marijn Holwerda

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Edited by Edwin Woerdman, Martha Roggenkamp and Marijn Holwerda

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Edited by Edwin Woerdman, Martha Roggenkamp and Marijn Holwerda

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Edited by Edwin Woerdman, Martha Roggenkamp and Marijn Holwerda

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Kenny Ng

Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are too difficult to combat effectively. In Australia, these threats are exacerbated by the country's unique characteristics such as its sheer size, as well as its geographical and historical isolation from the rest of the world. More importantly for the purposes of this article, Australia's unique constitutional framework that entrenches its national system of federalism has led to complex power-sharing arrangements between the Commonwealth, and the State and Territory governments in the management of invasive alien species, which are arguably inadequate to combat marine invasive alien species effectively. In Australia, laws have been made to manage only one vector of marine invasive species, ballast water from vessels, but not for other vectors. This article analyses how marine invasive alien species are currently managed within the Australian legal framework, and discusses what can be done to improve the status quo in order effectively to control the spread of such foreign organisms. It argues with optimism that marine invasive alien species can be effectively managed under a strong legal framework that seeks to prevent their occurrence and minimize the negative impacts of their occurrence. Such a legal framework consists of sound domestic laws and institutions, the effects of which can be enhanced by greater international cooperation.

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Amiel Ian Valdez

The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.

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Ed Couzens, Tim Stephens, Cameron Holley, Saiful Karim, Kate Owens, Manuel Solis and Katie Woolaston

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Lachlan Penninkilampi

Urbanization is arguably the most severe and irreversible driver of environmental change, particularly with respect to biodiversity. This is the case even in Australia, a megadiverse country with a sophisticated federal regime of biodiversity governance. Yet, life persists in urban worlds. In the context of global climate and ecological crises, this article endeavours to illustrate how law and policy can grapple with the complexities of urban biodiversity and enable it to flourish. First, the article outlines the current approaches to urban biodiversity: what is it, what is it like, why does it matter and how do humans think of it? Second, the article analyses the current state of biodiversity governance in Australia, focusing particularly on the laws and policies of the Commonwealth, New South Wales, and local governments in Greater Sydney. Finally, the article details a program of reform which revisits the original guiding principles of ecologically sustainable development, illustrating how they could be unleashed for the better governance of urban biodiversity with respect to decision-making, the administration of law, issues at scale, the economy, valuation techniques and community participation. The program includes not only systemic and multi-scalar reforms, but also local-level reforms which have significant yet often overlooked potential to encourage pro-biodiversity behaviours in everyday life. The aim is to reveal just some of the many ways in which hope can be creatively transformed into action for a biodiverse urban future – that is, to reveal the possibilities of law and policy to enable urban biodiversity to be better recognized, understood, valued, protected and enhanced as Australia develops in the twenty-first century.