Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field ....Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field has taken on a risk-based preventative orientation. This will contribute new perspectives and considerations for the assessment and development of fire prevention and urban security in the 21st century.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. Read moreRead less
The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will ....The Principles of Proprietary Remedies. Property rights are central to Australia's social fabric and critical to its economy. At this time of financial crisis, when personal bankruptcy and corporate insolvency are on the rise, it is essential to know exactly who owns what, when and why. Yet Australian law is unclear and often inconsistent as to when and why the law imposes property rights in favour of a plaintiff over assets held by a defendant and what those rights should be. This project will address this intolerable uncertainty by determining the proper criteria for the conferral of property rights by law.Read moreRead less
New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is t ....New Initiatives in Enforcing Employment Standards: Assessing the Effectiveness of Federal Government Compliance Strategies. The well-being of more than eight million Australian employees is underpinned by statutory workplace entitlements. For the large majority of those employees, these are set by federal legislation. The statutory entitlements are meaningful only in so far as they are complied with, and improving the effectiveness of the federal enforcement agency, the Workplace Ombudsman, is therefore of crucial public importance. This project provides the first comprehensive scholarly empirical evaluation of the Workplace Ombudsman. Its findings will identify multiple ways in which enforcement practices can be improved, not only for the Workplace Ombudsman, but also for comparable compliance agencies domestically and overseas.Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less