Dr Sophie Riley

Li, G. & Riley, S. 2009, Applied Corporate Law: A Bilingual Approach, first, LexisNexis Butterworths, Australia.
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A corporate law text book written in English and Mandarin, specifically aimed at business students studying Australian Corporate Law.

Riley, S., Li, G. & Parker, N.J. 2011, 'Student Diversity: Widening Participation by Engaging Culturally Diverse Non-Law Students in Law' in Kift, S; Sanson, M; Cowley, J; Watson, P (eds), Excellence and Innovation in Legal Education, LexisNexis, Sydney, Australia, pp. 337-362.
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Riley, S. 2012, 'Heads I Win, Tails You Lose: Uncertainty and the Protection of Biodiversity from Invasive Alien Species', Asia Pacific Journal of Environmental Law, vol. 14, no. 1- 2, pp. 139-168.
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Scientists anticipate that the problem of invasive alien species will be exacerbated by co-stressors of biodiversity, such as, land clearing and climate change. One of the most effective means of regulating invasive alien species is to prevent their entry by implementing rigorous quarantine measures with strong border controls. Yet, regulators face constant uncertainty and the need to navigate a range of opinions on how best to deal with uncertainty. These difficulties are illustrated by the differing approaches to uncertainty embodied by the World Trade Organization on the one hand and the Convention on Biological Diversity on the other. While the former emphasises the need for overcoming uncertainty the latter also accommodates the need to manage uncertainty. This paper explores the impasse resulting from these strategies and also analyses whether Australia's Weed Risk Assessment provides a potential solution. It is argued that the Weed Risk Assessment can establish 'plausible hypotheses' that channel into the precautionary approach, giving regulators the flexibility of managing uncertainty by implementing measures without the benefit of full and conclusive scientific evidence. What is not clear, however, is whether the information-based processes of the Weed Risk Assessment will satisfy the scientific certainty requirements of the World Trade Organization.

Riley, S. 2012, 'Law is order, and good law is good order: The role of governance in the regulation of invasive alien species', Environmental and Planning Law Journal, vol. 29, no. 16, pp. 16-44.
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In Australia, invasive alien species (IAS) are the second largest threat to biodiversity after loss of habitat. International obligations provide that Australia should prevent the introduction of, or control or eradicate those alien species that threaten ecosystems, habitats or species. Yet, designing and implementing effective IAS regimes remains elusive. It is a multidimensional exercise that engages a variety of actors across all levels of government. The purpose of this paper is to examine complications stemming from governance of IAS regimes in federal systems where law-making power is shared. It is argued that Australia has created a governance system for IAS largely based on political compromises that still presents the Federal government with the opportunity of providing a national framework for regulation of IAS. However, the Federal government has only partially grasped this opportunity, leaving the regime peppered with gaps and inconsistencies that fall short of the potential available to it.

Riley, S. 2012, 'Using 'Threatening Processes' To Protect Freshwater Biodiversity From Invasive Alien Species', Canberra Law Review, vol. 11, no. 1, pp. 58-88.
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The use of formally listed 'Key Threatening Processes' (KTPs) is increasingly seen as a way of incorporating the regulation of invasive alien species into land and water management regimes. Yet, prior to the use of KTPs, regulators were already identifying threatening processes by classifying certain types of invasive alien species as noxious, pests, or feral and listing them on registers of prohibited species. These initiatives have been continuously supplemented by Australian jurisdictions adopting a range of strategies, frameworks and management plans relating to invasive alien species. This paper compares and contrasts the use of KTPs with other types of threatening processes as a means of dealing with invasive alien species (IAS), focusing on freshwater ecosystems. The identification and abatement of KTPs and other threatening processes occupies an important regulatory space in invasive alien species' regimes. However, the effectiveness of these mechanisms depends as much on the success of the IAS regime as a whole as on the operation of the individual KTPS.

Riley, S. & Li, G. 2010, 'Bridging the Language Divide: An Innovative Teaching Project to Help International Students from China in Learning Business Law Subjects', International Journal of Law and Education, vol. 15, no. 1, pp. 109-124.
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Riley, S. 2009, 'A Weed by any Other Name: Would the Rose Smell as Sweet if it Were a Threat to Biodiversity?', The Georgetown International Environmental Law ..., vol. 22, no. 1, pp. 157-184.
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Defining and determining what amounts to an invasive alien species has always been a challenging task for states. In particular, where a species is regarded as a resource by one product sector or regime, but considered harmful by another sector or regime, States must often balance or compromise competing claims. Such is the case with respect to the emerging issue of biofuels. Biofuels which are plants from which precursor alcohols such as methanol and ethanol are distilled are seen by states as a potential solution to the problems of climate change and the energy crisis. Yet, many plant species that are promoted as efficient sources of biofuels are also amongst the worldÔ++s worst invasive species. Effective IAS regimes need to be based on a variety of features, including the formulation of definitions that clearly articulate the object and parameters of regulation, as well as the political will to make definitions operational by implementing appropriate regulation. Without clarity of definition and political will, regulators face uncertainty with respect to the establishment of meaningful regimes. Although environmental instruments such as the CBD Guiding Principles and the IUCN Guidelines contain definitions of Ô++invasive alien speciesÔ++ that are wide enough to include species considered a resource, States have not predominantly embraced these approaches. This hesitancy fundamentally reflects a lack of political will on the part of States to regard useful species as an actual or potentially invasive alien species Ô++ a situation that is set to reoccur in the case of biofuels.

Riley, S. & Li, G. 2009, 'Disclosure Requirements and Investor Protection: the compatibility of Commonwealth, state and territory laws in serviced strata schemes', Australian Property Law Journal, vol. 16, no. 3, pp. 262-278.
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Policy objectives at the Commonwealth level call for unified and uniform disclosure as part of the law applying to managed investment schemes. Serviced strata schemes are a type of managed investment scheme and are therefore subject to Commonwealth objectives. However, the acquisition of an interest in a serviced strata scheme also comprises the purchase of an interest in real property, which is subject to laws applying in state and territory jurisdictions. The purpose of this article is to examine pre-contract disclosure mechanisms, applying at the state and territory level, to determine their compatibility with policy objectives advanced by the Corporations Act 2001 (Cth).The authors argue that the present regime does not promote a uniform response in accordance with Commonwealth policy. Consequently the authors advocate the adoption of Australia-wide standards in pre-contract disclosure, enabling state and territory disclosure provisions to work in synergy with Commonwealth aims and objectives.

Riley, S. 2009, 'Preventing Transboundary Harm from Invasive Alien Species', Review of European Community and International Environmental Law, vol. 18, no. 2, pp. 198-210.
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The problem of invasive alien species (IAS) is the second biggest threat to biodiversity after loss of habitat. The introduction and spread of IAS can also be a source of transboundary environmental harm. Although customary international law obliges States to prevent transboundary environmental harm, international law does not clearly articulate these obligations in the context of IAS. A potentially helpful mechanism lies in the use of transboundary environmental impact assessment and risk analysis. However, the operation of these processes, within international environmental law, international quarantine law, and international trade law has generated obligations that largely remain soft, ill-defined and inconsistent. This situation is counter productive to preventing or minimizing transboundary harm caused by IAS.

Riley, S. 2005, 'Invasive Alien Species and the Protection of Biodiversity: The Role of Quarantine Laws in Resolving Inadquacies int he International Legal Regime', Journal of Environmental Law, vol. 17, no. 3, pp. 323-359.
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There is growing awareness of the environmental problems caused by the introduction of invasive alien species, described by the IUCN as one of the major threats to biological diversity. Despite difficulties in definition and identification, international regimes have increasingly attempted to tackle the issue, with over 40 treaties referring to the regulation of invasive species. But current international law is acknowledged to have severe shortcomings. Quarantine controls, though originally designed to protect human health and agricultural commerce, could play a critical role as a country`s first line of defence in containing the spread of invasive alien species. The international quarantine regime is conceptually well placed to spearhead the fight against invasive alien species, but there are considerable problems with the current structures. An analysis of how current international trade law and in particular the 1994 Agreement on Sanitary and Phytosanitary Measures may conflict with international and national quarantine measures shows that the World Trade Organization, in its enthusiasm to prevent quarantine laws being used as a disguised restriction on trade, has discouraged members from using such laws to stem the spread of invasive alien species. Much greater cooperation between the relevant parties will be required to reverse this trend.

Riley, S. & Li, G. 2009, 'Serviced Strata Schemes: Real Property or A Financial Product?', Pacific Rim Real Estate Society 15th Annual Conference, Sydney, January 2009 in Serviced Strata Schemes: Real Property or A Financial Product?, ed Grahame Newell, Pacific Rim Real Estate Society, Online.
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Over the last two decades, serviced strata schemes have become a popular investment vehicle for many people aspiring to enter the real estate market. On one level, serviced strata schemes are based on ownership of strata title and are regulated according to state and territory strata title and conveyancing laws. Yet, serviced strata schemes are also a way of pooling resources and are additionally regulated as managed investment schemes under the Corporations Act 2001 (Cth). These dual layers of regulation are primarily, although not exclusively based on disclosure mechanisms. The purpose of this paper is to examine those mechanisms to determine the compatibility of state/territory laws to commonwealth objectives and also to determine the extent to which the present regime meets the needs of investors. It is concluded that lack of uniformity amongst state and territory laws is at odds with the unified approach fostered by the Corporations Act 2001 (Cth). This discrepancy potentially undermines the protection of investors. We therefore argue that the way forward should encompass Australia-wide codes applying to disclosure regimes with respect to the acquisition of an interest in strata title.

Riley, S. 2006, 'The Electronic Age: Virtual Conveyancing and the Torrens Title System', Australasian Universities Building Eduication, Sydney, July 2006 in Proceedings of the 31st Australasian University Building Educators Association Conference, ed Runeson, G & Best G, R., Faculty of Design Architecture and Building, University of Technology, Sydney, Sydney, pp. 1-21.
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Riley, S. 2012, 'RIO + 20: What Difference has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?', Baltimore, USA, July 2012 in RIO + 20: What Difference has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?, ed IUCN, IUCN, Baltimore, USA.
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Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to Ô++prevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or speciesÔ++. Members are also required to lodge national reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date no study has examined StatesÔ++ perceptions of their own IAS regimes. This paper collects and analyses information available from the CBD national reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the paper evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise/fragmented and/or contradictory, it can hinder the development of successful State practice.

Bartel, R. & Riley, S. 2011, 'HOW DO WE RADICALLY IMPROVE WEEDS LAW? Critical action for wicked problems', Coffs Harbour, New South Wales, July 2011 in HOW DO WE RADICALLY IMPROVE WEEDS LAW?, ed None, 16th NSW Weeds Conference, New South Wales.
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This paper discusses the weed dilemma arguing that weed regulation in Australia needs a radical overhaul, primarily with respect to capacity and commitment in order to align interests and improve interaction amongst stakeholders. The analysis commences with an overview of the problem before moving to a discussion of four areas of regulation that demand critical action: disunity, proactivity, complexity and laxity. Law reform needs to take into account community heterogeneity (disunity), the difficulties in mandating action (proactivity), the needless confusion of laws and legal instruments between jurisdictions (complexity) and the history of slow and inadequate response and poor monitoring and enforcement (laxity). Radical improvements are required in three main areas. First, commitment generation is required to generate moral and norm agreement around weeds as undesirable. Second, radical improvement is required in the area of capacity generation, and of capacity facilitation through harmonisation of regulation. Third, radical improvement is required in the area of compliance generation, of those who are non-compliant and unlikely to respond to softer mechanisms such as education. A combination of market incentives could be used here; although moral hazards must also be avoided. Where enforcement action is adopted, care must also be taken that the regulated are not discouraged and commitment undermined as a result.

Riley, S. 2011, 'Finding Nemo: Using 'Key Threatening Processes' to Regulate Invasive Alien Species in Australian Freshwater Ecosystems', Water and the Law: Towards Sustainability - IUCN Academy of Environmental Law 2011 Colloquium, South Africa, July 2011 in Water and the Law: Towards Sustainability, IUCN Academy of Environmental Law.
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The use of Key Threatening Processes (KTPs) is increasingly seen as a way of incorporating regulation of invasive alien species into land and water management regimes. This paper evaluates the use of KTPs in Australian jurisdictions, with emphasis on freshwater ecosystems. Although the use of KTPs provides a number of positive features the regime also manifests a number of gaps and inconsistencies. These include the fact that KTPs are not necessarily preventative in nature, their use largely being triggered once environmental damage has already occurred. Furthermore, KTPs tend to operate in a fragmented and inconsistent manner across the range of Australian jurisdictions. Consequently, while the use of KTPs represents an important regulatory tool, it is not a panacea for the problem of invasive alien species.

Martin, P., Verbeek, M., Riley, S., Bartel, R., Le Gal, E. 2012, 'Innovations in Institutions to Improve Weed Funding, Strategy and Outcomes', Rural Industries Research and Development Corporation, Australia, pp. 1-110.
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In spite of much public and private effort, expenditure and creativity, reports show that the economic and environmental cost of weeds in Australia continues to grow. Australians face the sustainability challenges of a large and bio-diverse country, major resource exploitation industries, and a relatively small pool of funds and human resources to provide for protection and restoration. To effectively manage these combined challenges and ensure the sustainability of the Australian environment and equitable outcomes for Australians in general, Australians need to create legal, social, managerial and economic strategies that are far more effective than those used to date. To do so requires institutional as well as technological innovation. There has been increasing recognition over the past couple of decades that approaches to weed management must include better processes, particularly in engaging people in solutions, as well as more effective application of biophysical and social science. Weeds arrive in Australia and, in large part, continue to spread in Australia because of the activities of people.