Ms Anne McNaughton
Areas of expertise
- Commercial And Contract Law 180105
- Comparative Law 180106
- Law And Society 180119
- International Trade Law 180117
- International Law (Excl. International Trade Law) 180116
- Legal Institutions (Incl. Courts And Justice Systems) 180120
- Law 1801
- Other Law And Legal Studies 1899
Research interests
Anne's particular research focus is at the intersection of international and comparative law. It includes the European Union as a legal system, comparative aspects of the EU and the Indo-Pacific region, legal transplants and the concept of mutual recognition with a focus on services and the professions; and the Europeanisation of private law, particularly in the areas of contract, property and commercial law.
Biography
Anne McNaughton is a comparative lawyer who researches at the intersection of international and comparative law. She was appointed as Director of the ANU Centre for European Studies (ANUCES) in March 2020 (having been its Deputy Director since 2015). Supported by a DAAD scholarship, Anne completed her first LLM at the Eberhard-Karls University in Tübingen (Germany) in 1991, writing her thesis The incorporation of the territory of former East Germany into the European Union entirely in German. Following her return to Australia, Anne worked as a commercial lawyer while establishing the undergraduate course on European Union (EU) law at University of New South Wales (UNSW) and commencing her second LLM at the University of Technology Sydney (UTS), specialising in International Law.
Since becoming a full-time academic, Anne has been particularly interested in the complex issues associated with how global economic integration affects the local legal framework at various levels. Anne researches the concept of mutual recognition as developed in EU jurisprudence and its migration into international trade treaties and agreements. Building on this work, her current research examines the nature of legal transplants between new and emerging legal systems of international law. Anne has conducted this research as a member of an Australian Research Grant Linkage project that examined the changing nature of the trade and business relationship between Australia and the European Union. She has also been a member of several research projects funded through the European Union’s Jean Monnet activities programme and is currently a research lead in a Jean Monnet network and Centre of Excellence based at the ANU Centre for European Studies.
Anne has been an external assessor for the University of the South Pacific (USP) Law School for their course on EU law in the South Pacific (2004), where she was also an external LLM thesis supervisor. She is currently Scientific Director of the International Association of Legal Science (IALS) and co-chair of the Special Interest Group, Global Private Law of the European Law Institute (ELI). In addition to these academic activities, she was also a member of the executive of the not-for profit German-Australian-Pacific Lawyers Association (GAPLA) from 2007-2018.
Most recently, Anne has been a panel member for a PhD candidate writing on international investment law and the normative leverage of the EU in respect of investor-state dispute settlement (ISDS) reform (awarded, with no revisions, in November 2020).
Anne has presented her research at international conferences and participated in workshops in Europe, the US, New Zealand, Japan, Taiwan and China.
Researcher's projects
Australia and the European Union: A study of a changing trade and business relationship
Researchers
- Professor Jacqueline Lo (Primary Investigator)
- Dr Linda Botterill (Secondary Investigator)
- Ann Capling (Secondary Investigator)
- Christopher Findlay (Secondary Investigator)
- Associate Professor Karen Hussey (Secondary Investigator)
- Mr Donald Kenyon (Secondary Investigator)
- Ms Anne McNaughton (Secondary Investigator)
- Hussain Rammal (Secondary Investigator)
- Professor John Ravenhill (Secondary Investigator)
- Associate Professor Pierre van der Eng (Secondary Investigator)
Grant status
Completed-Pending ReportsGrant start date
15/05/2009Grant funding
- 2009: $65,000 from ARC - Australian Research Council
- 2010: $50,000 from ARC - Australian Research Council
- 2011: $60,000 from ARC - Australian Research Council
ARC Linkage Infrastructure, Equipment and Facilities (LIEF) Project
Project Title: The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers
Project Team: Prof Graham W Greenleaf, Prof Andrew S Mowbray, A/Prof Martin Vranken, Prof Ross B Grantham, Prof Martin E Krygier, Dr Adam Czarnota, Ms Anne M McNaughton, Mr Matthew Zagor, A/Prof Dan J Svantesson, Prof Steven Freeland, Prof Wojciech Sadurski, Prof Peter S Gillies, Ms Patricia J Blazey
Amount Awarded: $200,000.00
Partner/Collaborating Organisations: Bond University, Macquarie University, The Australian National University, The University of Melbourne, The University of Queensland, The University of Sydney, University of Technology, Sydney, University of Western Sydney
Administering Organisation: The University of New South Wales
Project Summary: This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Publications
- Schmidt, B, Leach, J, Wheeler PhD, S et al. 2022, 'Australian scholars choose to stand on "the right side of history"'.
- Kenny, M, Taflaga, M, McNaughton, A et al. 2020, Democracy Sausage with Mark Kenny: Coronavirus crisis - there's an app for that.
- Kenny, M, Azize, M, McNaughton, A et al 2019, Democracy Sausage with Mark Kenny: Brexit, robodebt, and random drug testing.
- Simoes da Silva N and McNaughton, A 2018, 'Australia and the European Union as Federalist Structures: Similarities and Differences', in Mascitelli, Bruno and Wilson, Bruce (ed.), So Distant, So Close: Australia and the European Union in the 21st Century, Australian Scholarly, Melbourne Australia, pp. 126-153.
- McNaughton, A 2017, 'European Union Law: Freedom of Movement and residence: the cornerstone of EU citizenship', Law Society of NSW journal, vol. October 2017, no. 38, pp. 72-74.
- McNaughton, A, Elijah, A, Cameron, J et al 2017, 'BREXIT: THE LEGAL, POLITICAL AND SOCIAL FALLOUT CONTINUES', Law Society of NSW journal, vol. 31, no. March, pp. 71-73pp.
- McNaughton, A & Lo, J 2017, ''Mutual Evaluation': A new policy tool for dealing with 'Behind the Borders' Barriers', in Annmarie Elijah, Donald Kenyon, Karen Hussey and Pierre van der Eng (ed.), Australia, The European Union and the new trade agenda., ANU Press, Australia. pp. 163 - 181.
- McNaughton, A & Lockie, S 2017, 'Private Actors in Multi-level Governance: GLOBALG.A.P Standard-seting for Agricultural and Food Products', in Katherine A Daniell and Adrian Kay (ed.), Multi-level Governance: Conceptual Challenges and Case Studies from Australia, ANU Press, Canberra Australia, pp. 385-403.
- McNaughton, A 2017, 'Acts of Creation: The ERTA Decision as a Foundation Stone of the EU Legal System', in Fernanda Nicola, Bill Davies (ed.), EU Law Stories Contextual and Critical Histories of European Jurisprudence, Cambridge University Press, Cambridge, United Kingdom pp.134 - 153
- McNaughton, A & Willcocks, A 2016, 'Preparatory Approaches to Overcoming Regulatory NTBs in an EU-Australia FTA'. ANU Centre for European Studies Briefing Paper Series, Vol.7 Issue 4, pp.1-14
- McNaughton, A, Elijah, A & Cameron, J 2016, 'KEY LEGAL IMPLICATIONS OF UK WITHDRAWAL FROM THE EU', Law Society of NSW journal, no. 25, pp. 70-72.
- McNaughton, A 2015, 'Institutional competence and the Common Foreign and Security Policy of the European Union', in H Nasu, K Rubenstein (ed.), Legal Perspectives on Security Institutions, Cambridge University Press, Cambridge, United Kingdom, pp. 73-94.
- McNaughton, A 2014, ''Mutual Recognition' or 'Mutual Evaluation'? Dealing with 'Behind the Borders' Barriers to Market Integration', Australian and New Zealand Journal of European Studies, vol. 6, no. 1, pp. 43-54.
- McNaughton, A & Furlong, P 2014, 'Services Trade Reform in the European Union - The EU Services Directive', in Christopher Findlay (ed.), Priorities and Pathways in Services Reform Part II - Political Economy Studies, World Scientific, Singapore, pp. 307-342.
- Dee, P & McNaughton, A 2014, 'Promoting Domestic Reforms through Regionalism', in Philippa Dee (ed.), Services Trade Reform: Making Sense of It, World Scientific Publishing Co., Singapore, pp. 381-427.
- McNaughton, A 2013, 'Money and Bills of Exchange', in J T Gleeson, J A Watson, E Peden (ed.), Historical Foundations of Australian Law (Volume II): Commercial Common Law, The Federation Press, Sydney, Australia, pp. 291-322.
- McNaughton, A 2013, 'The History of Cheques and Banking', in J T Gleeson, J A Watson, E Peden (ed.), Historical Foundations of Australian Law (Volume II): Commercial Common Law, The Federation Press, Sydney, Australia, pp. 323-341.
- Lockie, S, McNaughton, A, Thompson, L et al. 2013, 'Private Food Standards as Responsive Regulation: The Role of National Legislation in the Implementation and Evolution of GLOBALG.A.P.', International Journal of Sociology of Agriculture and Food, vol. 20, no. 2, pp. 275-291.
- McNaughton, A 2012, 'Age Discrimination and Barriers to Older People entering and remaining in the Workforce', LegalDate, vol. 24, no. 3, pp. 2-4.
- McNaughton, A 2012, 'Australia', in Helmut Heiss (ed.), Insurance Contract Law between Business Law and Consumer Protection, Dike Verlag AG, Zurich, Switzerland, pp. 41-60.
- McNaughton, A 2012, 'The Lisbon Treaty: the latest stage of European Integration', Euro Legal Studies, vol. 1, pp. 11-14.
- McNaughton, A 2011, 'European Law', LegalDate, vol. 23, no. 4, pp. 2-4.
- Cassimatis, A, Lacey, W, McNaughton, A et al 2011, An Australian Companion to Harris: Cases and Materials on International Law (2nd ed), Lawbook Co., Pyrmont, NSW.
- McNaughton, A 2011, 'The Law of Contract, Basic Principles and Cases - Is Contract Law Effective in Protecting the Rights of Individuals?', LegalDate, vol. 24, no. 2, pp. 6-8.
- McNaughton, A 2011, 'Integrating services markets: A comparison of European Union and Australian experiences', Australian Journal of International Affairs, vol. 65, no. 4, pp. 454-468.
- McNaughton, A 2010, 'An Australian Consumer Law', LegalDate, vol. 22, no. 3, pp. 10-12.
- Botterill, L & McNaughton, A 2009, 'At the intersection of international and municipal law: the case of Commissioner Cole and the Wheat Export Authority', in Jeremy Farrall and Kim Rubenstein (ed.), Sanctions, Accountability and Governance in a Globalised World, Cambridge University Press, Cambridge, UK, pp. 239-260.
- Botterill, L & McNaughton, A 2008, 'Laying the Foundations for the Wheat Scandal: UN Sanctions, Private Actors and the Cole Inquiry', Australian Journal of Political Science, vol. 43, no. 4, pp. 583-598.
- McNaughton, A 2008, 'Commentary on 'Contractual Exclusions and Indemnities of Liability for Negligence'', in GJ Tolhurst & Elisabeth Peden (ed.), Commercial Issues in Contract Law: Papers from the Commercial Law Quarterly 20th Anniversary Conference, Ross Parsons Centre of Commercial, Corporate and Taxation Law, Sydney, pp. 26-44.
- McNaughton, A 2005, 'Implications of the European Union for the Pacific Region', Shifting Boundaries of Sovereignty Governance and Legitimacy in the European Union and Australia, Australian National University, Canberra.
- Fonteyne, J, McNaughton, A & Stellios, J 2003, Harris - Cases and Materials on International Law: An Australian Supplement, The Law Book Company, New South Wales.
- McNaughton, A 2001, 'Book Review: Judicial Review and the Rights of Private Parties in EC Law', University of New South Wales Law Journal, vol. 24, no. 1, pp. 306-309.
Projects and Grants
Grants information is drawn from ARIES. To add or update Projects or Grants information please contact your College Research Office.
- What role for Europe in the Indo-Pacific? (Primary Investigator)
- Australia and New Zealand MRPQ Qualitative Research Project (Primary Investigator)
- Australia and New Zealand MRPQ Qualitative Research Project (Primary Investigator)
- Identifying Opportunities in EU-Australia Trade in Services (Secondary Investigator)
- EU-Australia Centre for Excellence on Economic Cooperation (Secondary Investigator)
- Policy, Politics, Culture: EU Migration and Integration (Secondary Investigator)
- Understanding European Union Trade: a guide for Australian stakeholders (Secondary Investigator)
- ANU Centre for European Studies 2014-2017 (Secondary Investigator)
- Australia and the European Union: A study of a changing trade and business relationship (Secondary Investigator)