Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing ....Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing on recent experiences of elected members, including Australia, the project is expected to advance evidence-based and empirically grounded policy proposals designed to increase the capacity of elected members to exercise power and influence over the Council's agenda and policy.Read moreRead less
Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo ....Enhancing Reproductive Opportunity in Australia: Reconsidering Consent, Altruism and the Legal Status of Embryos in ART Processes. This project meets the national research priority of a healthy start to life by enhancing reproductive opportunity while safeguarding the rights and interests of all involved in reproduction with donor gametes. This research will create significant national benefits in the form of an up to date, practical and coherent platform for the reform of all aspects of embryo and gamete donation and embryo disputes. We propose a pro-active consultative model that centres the needs and experiences of gamete and embryo donors and recipients. Our research will inform current and future modes of regulation of gamete and embryo donation and dispute resolution, including legislation, ethics guidelines and codes of practice.Read moreRead less
Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when re ....Law, order and federalism in Australia. In a series of recent cases the High Court has emphasised the constitutional imperatives of judicial independence and impartiality in State court systems. These developments provide minimum human rights protections to individuals confronting criminal justice in the States. But what has not been considered is the cost of these developments. This project will investigate the uncertainty of the constitutional restrictions confronting State governments when responding to law and order priorities, and the extent to which these have led to the frustration of policy development and experimentation across the Australian federation.Read moreRead less
The court as archive: rethinking the institutional role of federal superior courts of record. This project examines the institutional role of federal superior courts of record to ground an analysis of their responsibilities as curators of a significant national archive. It will provide principles for the administration of court records that respond to the competing legal and civic demands of contemporary Australian society.
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less
Non-urban water governance: rethinking compliance and enforcement. This project aims to critically evaluate the practices and strategies of non-urban water compliance and enforcement in Australia and internationally, to identify and develop innovations for water governance. New law and policy knowledge is expected from its fusion of empirical data and regulatory theory. The project expects to advance applied regulatory theory by identifying improvements in compliance and enforcement to help solv ....Non-urban water governance: rethinking compliance and enforcement. This project aims to critically evaluate the practices and strategies of non-urban water compliance and enforcement in Australia and internationally, to identify and develop innovations for water governance. New law and policy knowledge is expected from its fusion of empirical data and regulatory theory. The project expects to advance applied regulatory theory by identifying improvements in compliance and enforcement to help solve environmental issues. It will also lead to policy reforms for delivering more effective, efficient and politically-acceptable compliance outcomes for non-urban water management that will benefit water regulators and the sustainability and productivity of Australia's agricultural industry.Read moreRead less
The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity ....The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity and policy guidance about how community or private sponsorship is understood, conceived and implemented globally; and better knowledge about the motives of community sponsors. This Project will position Australia as a world leader in practice and research on community or private sponsorship for refugee resettlement. Read moreRead less
Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is litt ....Juror confidence in justice: democratic participation or deference to authority? Australia will be better protected from terrorism and crime if its justice system has the confidence of its citizens. Currently it does not. Without such confidence, justice offers neither a credible deterrent nor a protector of rights. Courts are typically designed and run using a hierarchical model of authority, while new therapeutic and restorative approaches make justice processes more democratic. There is little evidence of how either of these impacts on justice for participants. Understanding the process by which people develop trust during one critical adjudicative process, the jury trial, will allow juries, and other forms of lay decision-making in judicial processes, to be used more effectively in the justice system.Read moreRead less
The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. Th ....The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.Read moreRead less
England's obedient servant? The history of Australian tort law, 1901-1945. Did Australian courts develop an Australian law of tort between federation and the Second World War despite the confines of being bound formally or informally by English precedent? Australian courts may have been more creative and independent and less subservient to England than previously thought.