Books, Chapters, Monographs and Reports
1. “The Australian Emissions Trading Scheme (working title)” in Erkki Hollo, Kati Kulovesi and Michael Mehling (eds) Climate Change and the Law: A Global Perspective (Berlin: Springer, forthcoming 2012), with D. Hodgkinson
2. “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).
3. Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011), editor with P. Carruthers and N. Skead
4. “Property and Sustainability in Context” in Carruthers, Sharon Mascher and Natalie Skead (eds) Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011) 1-21, with P. Carruthers and N. Skead
5. “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
6. “Pollution Control in the Coastal Zone” in Coast Law in Western Australia (Perth: Environmental Defender’s Office, 2002) 247 – 269, with A. Clarke.
7. “Environmental Protection under Common Law” in A Guide to Environmental Law in Western Australia (Perth: Environmental Defender’s Office, 1997) 35-55.
8. 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)
9. “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
10. “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.
11. “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.
12. “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.
13. “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.
14. Harnessing Self-Interest? The Privatization of Carbon Credits (Centre for Studies in Agriculture, Law and the Environment: Saskatoon, 2004) (31 pages).
15. 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 (Peer-Reviewed)
1. “On the Record: The Trials and Tribulations of Lecture Recording in Law” 35(2) University of Western Australia Law Review (forthcoming), with N. Skead
2. “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
3. “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
4. “Sowing the Seeds of Discontent? Australia’s New Gene Technology Act” (2003) 12(3) Journal of Environmental Law and Practice 341-372
5. “Too Hot to Handle? Uranium and Nuclear Power in Australia’s Energy Mix” (2007) 26 Australian Resources and Energy Law Journal 330-343
6. “Indigenous Land Use Agreements: A Pathway for Negotiating the Future” (1998) 17(3) Australian Mining and Petroleum Law Journal 300-310 with Anne Sheehan
7. “Australia’s National Greenhouse Response: Implications for the Energy Sector” (1997) 16 Australian Mining and Petroleum Law Journal 126-133
8. “Taking the Precautionary Approach: Fisheries Management in New Zealand” (1997) 14 Environmental and Planning Law Journal 70-79
9. “Protecting Water Quality in Western Australia” (1996) 26(2) University of Western Australia Law Review 401-426
10. “Current Developments in Western Australian” (1996) 3(1) Australasian Journal of Natural Resources Law, with A. Gardner
Other Contributions Journals (Peer-Reviewed)
11. “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
12. “Upping the Ante - Amending Western Australia’s Pollution Control Provisions” (1998) 17(2) Australian Mining and Petroleum Law Journal 210 - 215
Journal Articles (Non-Peer-Reviewed)
13. “The Carbon Pollution Reduction Scheme: What Happens Next?” (2009) 16 Butterworths Corporation Law Bulletin, with D. Hodgkinson and T. Burton
Other Publications
1. “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
2. “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
3. “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,
4. “ ‘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
5. “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
6. “Australia’s National Energy Strategy: Preparing for a Sustainable Future?” (Energex 2007 – 12th International Energy Conference & Exhibition Conference Proceedings: Singapore, 2007)
7. “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
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)
Professor Mascher is currently co-authoring a chapter on Australia’s newly enacted emissions trading scheme for a book entitled Climate Change and the Law: A Global Perspective (Berlin: Springer, forthcoming 2012). This book brings together a collection of international authors to provide commentary on: Climate Law as an Emerging Discipline; International Climate Law, Sectoral Issues; and, Comparative Climate Law.
She has also recently finalized a chapter for a book entitled The Nordic Saami Convention and the Property Rights of Indigenous Peoples (working title) (Oxford: Hart Publishing, forthcoming 2012). This book contains contributions from a group of researchers from the Nordic countries, Canada, Austria and Ecuador and emerges from a project funded by the Nordic Council on indigenous property rights within the Nordic states and in the context of the proposed Nordic Saami Convention.
Professor Mascher is also currently developing a research project on the design of domestic climate change legislation to realize associated co-benefits. The project will build on her earlier work relating to climate law and health prepared for the 2011 Bristol Workshop of the Global Health Justice Network and a series of research papers on climate law and biodiversity.
Conferences and Presentations:
1. “Wooden Bridges to a Sustainable Future” The Politics of Biodiversity, National Environmental Law Association Conference, Canberra, Australia, 20-23 October 2010
2. “Returning Water to the Commons?” 10th Australasian Property Law Teachers Conference, University of Western Australia, Perth, Australia, 24-26, September 2010 with P Carruthers
3. “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
4. “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
5. “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
6. “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
7. “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
8. “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
9. “Beyond Kyoto”, Impacts of Globalisation Forum, Australian Global Studies Research Centre: Perth, Australia, 13-14 August 2009
10. “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
11. “Australia’s National Energy Strategy: Preparing for a Sustainable Future?” Energex 2007 – 12th International Energy Conference & Exhibition, Singapore, November 2007/
12. “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
13. “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.
14. “Splitting the Baby – Water Allocation in Australia”, Just Add Water Conference, Saskatchewan Legal Education Society Inc, Saskatoon, Saskatchewan, 2002.
15. “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
16. “Legal Issues concerning the Use, Patenting and Protection of GMOs”, Australian Institute of Agricultural Science and Technology Genetically Modified Organisms Seminar, Perth, Australia, 2000
17. “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
18. “Planning and the Environment”, National Environmental Law Association Western Australia State Conference, Perth, Australia, 1996, with L Stein
19. “Environmental Protection under Common Law”, Environmental Defender’s Office Environmental Law Seminar, Perth, Australia, 1996
Conferences Organized
1. 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
2. The Copenhagen Climate Change Conference and Its Implications for Australia, University of Western Australia, Perth, Australia, 3 February, 2010
3. 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
4. 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