Dr Guy Charlton
Associate Professor - School of Law
Phone: +61 67734228
Email: gcharlt3@une.edu.au
Biography
Guy C Charlton is an Associate Professor. He lectures in Indigenous Law, Law in Context, Corporate and Business law at UNE. His research interest includes comparative indigenous law, corporate law, constitutional and human rights law, and property law. Prior to his position at University of New England he was a Senior Lecturer in Law at AUT, Auckland New Zealand where he lectured in indigenous law, torts, Local government law and property. He is from Milwaukee, Wisconsin, USA where he practised law with Attorney Andrew Morgan as a general practitioner with Charlton and Morgan, Ltd. He holds degrees from the University of Wisconsin-Madison (B.A., J.D. Economic, Politics and Law), the University of Toronto (M.A. International Relations) and Auckland University (PhD). He has also worked or taught units at Curtin University Law School in Perth, Western Australia and City University of Hong Kong, Auckland University and National Chengchi University, Taipei, Taiwan.
Qualifications
PhD in Law (University of Auckland, New Zealand)
Juris Doctor (University of Wisconsin – Madison, USA)
MA (University of Toronto, Canada)
BA (University of Wisconsin - Madison)
Teaching Areas
LAW101: Law in Context
LAW164: Law and First Peoples of Australia
Primary Research Area/s
Usufructory Rights; Indigenous Law; Biodiversity and local government; Legal History; Constitutional Law; Company LawResearch Interests
Dr Charlton research interests include legal history, constitutional law and comparative indigenous law in Australia, Canada, New Zealand and the United States into the Asia Pacific Region. He is involved in a project analysing land tenures and hunting and gathering rights in Taiwan and indigenous land rights across the Asia Pacific. He has also engaged in research on laws relating to biodiversity in North America, China, New Zealand and Australia and issues involving deforestation as well as issues of cultural rights.
Publications
- 2023 “The Decentralised Autonomous Organisation: Legal Personality and the Problem of Governance” forthcoming 42 Journal of Law & Commerce with Michael Adams and Cindy Whang.
- 2023 “Neither Within nor Without: The Curious Case of U.S. Citizenship in American Sāmoa and the Insular Cases” 33 University of Florida Journal of Law & Public Policy 1, with Timothy P. Fadgen.
- 2023 “State Regulation and Enforcing Usufructuary Treaty Rights in Nuisance” in Wildlife Management on Tribal Lands Steven Albert and Serra Hoagland, eds., Johns Hopkins University Press, 2022.
- 2023 “Taiwanese Populism in the Shadow of China” in Routledge Handbook of Populism in Asia Pacific DB Subedi, Tony Lynch, Alan Scott and Howard Brasted, eds., Routledge, 2022, with Yayut Chen.
- 2022 “One Step Forward, Two Steps Back: The Relationship Between Corporate Governance, Smart Contracts, the Blockchain, and Decentralized Autonomous Organization” with Cindy Whang and Michael Adams (conference proceedings, International Law and Business Seminar, National Yang Ming Chiao Tung University, Taiwan).
- 2022 “Case Note: Fitisemanu v. United States: U.S. Citizenship in American Sāmoa and the Insular Cases” 39 UCLA Pacific Basin Law Journal 25 with Timothy P. Fadgen.
- 2022 “Right to Work of Persons with Disabilities: The Public-Private Interface” in Harmonizing Disability Law Ottavio Querico, ed., Springer, 2022, with Kip Werren.
- 2022 “The Law, the Plague and Colonial Hong Kong: The Development of Political Identity in Present Day Hong Kong” 4 Hawaiian Journal of Law and Policy 177 with Xiang Gao.
- 2021 “Deforestation and Opposition to Scientific Management in 19th-Century Australia, Canada, New Zealand and the United States: Lessons for the Climate Change Debate” 25 New Zealand Journal of Environmental Law 119.
- 2021 “Indigenous over-incarceration and individualised justice in light of Bugmy v The Queen” 50 Australian Bar Review 427.
- 2020 “Land and Justice from the Indigenous Perspective: A Study on the Tayal Philosophy of ‘Sbalay’” 53 Journal of Legal Pluralism and Unofficial Law 1 with Daya Da-Kuan.
- 2020 “Balancing Biodiversity and Natural Resource Protection Objectives with Ethnic Minority Autonomy: A Chinese Model”43 Fordham International Law Journal 561, with Lin Feng.
- 2019 “Aboriginal Rights and Constitutional Conflict: The Marshall Court, State Federal and Sovereignty and Native American Rights under the 1789 Constitution” 8 American Indian Law Journal 217.
- 2017 “Constitutional Conflict and the Development of Canadian Aboriginal Law” 19(1) University of Notre Dame Australia Law Review 1.
- 2016 “Historical Justice: Apologies and the State-Aboriginal Reconciliation Process” 2016 International Austronesian Conference Reconciliation, Coexistence, and Sustainability, Council of Indigenous Peoples, ROC, Taiwan, Nov. 24-28, Conference Proceedings
- 2017 “The law relating to hunting and gathering rights in the traditional territories of Taiwan’s indigenous peoples”, 25(2) Asia Pacific Law Review 1.
- 2016 “The legal recognition of indigenous interests in Japan and Taiwan” 24(1) Asia Pacific Law Review 60.
- “The Law of Native American Hunting Fishing and Gathering Rights outside of Reservation Boundaries in Canada and the United States” 39(1) Canada-United States Law Journal 39.
- 2015 Hong Kong Encyclopedia of Forms and Precedents, Companies: General, Nexis/Lexis, Wan Chai, Hong Kong.
- 2014 “Human Rights, Procedural Protections and the Social Construction of Mental Illness: Involuntary Civil Commitment under China’s New Mental Health Law,” 15(1) Australian Journal of Asian Law 1.
Media:
- “Canada and New Zealand Need to Consider Joining Pillar 2 of AUKUS,” The Diplomat, September 21, 2023.
- “A Taiwanese indigenous ‘voice’” Taipei Times, Sept. 15, 2023,
- “Australia and New Zealand in the West Papua Conflict,” The Diplomat, April 29, 2023.
- “The US Indo-Pacific Strategy’s Weakest Link U.S. involvement in the region needs a larger economic component – an area where U.S. policy used to be strong,” The Diplomat, February 10, 2023.
- “Why France-US Relations Matter for the Pacific, Increased French-U.S. cooperation in the region should be welcome news to Pacific Island states,” The Diplomat, December 23, 2022.
- “A Return to Values-based Foreign Policy in New Zealand,” The Diplomat, July 1, 2022.