Judicial Loyalties and Resistance in Southeast Asia. This project is designed to stimulate new insights, for both theory and practice, into how courts in Southeast Asia are responding to growing politicization, interference by other branches, and political backlash. The study will advance understanding of the rule of law, democratic governance, and judicial politics and launch a new database on how high court justices defend judicial institutions and constitutional practice. The findings should ....Judicial Loyalties and Resistance in Southeast Asia. This project is designed to stimulate new insights, for both theory and practice, into how courts in Southeast Asia are responding to growing politicization, interference by other branches, and political backlash. The study will advance understanding of the rule of law, democratic governance, and judicial politics and launch a new database on how high court justices defend judicial institutions and constitutional practice. The findings should help both academics and policymakers to better understand how political, social, and ideational networks of judges can affect the ability of courts to resist threats to constitutional democracy as they arise. Read moreRead less
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
Confronting the devolution paradox: constitutional values, federal political culture and governance reform. Australia, like many countries, depends in part on devolutionary reform if its federal system of government is to adapt effectively to change. This project confronts a key barrier to reform; the ‘devolution paradox’, in which popular demands for decentralisation and diversity are confounded by conflicting political pressures for national policy uniformity and control. By mapping and compar ....Confronting the devolution paradox: constitutional values, federal political culture and governance reform. Australia, like many countries, depends in part on devolutionary reform if its federal system of government is to adapt effectively to change. This project confronts a key barrier to reform; the ‘devolution paradox’, in which popular demands for decentralisation and diversity are confounded by conflicting political pressures for national policy uniformity and control. By mapping and comparing the constitutional values and federal political culture of Australian citizens, citizens in Canada, USA and UK, and Australian reform policymakers, in more detail than ever before, it will give insights into how this key paradox might be resolved, helping unlock reform potential and restore adaptive capacity to our political system.Read moreRead less
The law of deliberative democracy: theory and reform. Deliberation is essential to the health of electoral and representative democracy. This project will evaluate and recommend the reform of the law underpinning democratic politics in Australia, to enhance its deliberative quality.
Intellectual Property requirements in Free Trade agreements: implications for development in Pacific Island Countries. This project investigates ways in which intellectual property laws can be used to promote development in the Pacific Island Countries. It will inform and support Australia's trade negotiations with the region in the context of Pacific Agreement on Closer Economic Relations (PACER) Plus.
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
Fear and licensing in Australia: Investigating the social licence to operate of an emerging coal seam gas industry. Australia’s nascent coal seam gas (CSG) industry is the site of substantial social tension. For some the industry can transform and safeguard national energy sources and fuel booming Asian exports. For others it damages both the environment and communities. This tension is vividly expressed by local protests and regulatory bans. Communities, mining companies and government invoke a ....Fear and licensing in Australia: Investigating the social licence to operate of an emerging coal seam gas industry. Australia’s nascent coal seam gas (CSG) industry is the site of substantial social tension. For some the industry can transform and safeguard national energy sources and fuel booming Asian exports. For others it damages both the environment and communities. This tension is vividly expressed by local protests and regulatory bans. Communities, mining companies and government invoke a 'social licence to operate' as fundamental to industry viability. This landmark project explores the concept of a social licence to operate in Australia's CSG industry to tease apart the dynamic risks, opportunities and tensions at work between corporations, rural and regional Australian communities and government, and offers policy and practice recommendations. Read moreRead less
Community Rule-Making in the Pacific Islands as Regulatory Innovation. Our study investigates the widespread phenomena of ‘community rule-making’ in Pacific Island countries, in which local communities engage in deliberative processes oriented towards development of new normative orders. Occurring largely outside of state-sanctioned authority, such processes may address social problems such as gender based violence, crime and poverty, and frequently occur in the context of other locally-driven ....Community Rule-Making in the Pacific Islands as Regulatory Innovation. Our study investigates the widespread phenomena of ‘community rule-making’ in Pacific Island countries, in which local communities engage in deliberative processes oriented towards development of new normative orders. Occurring largely outside of state-sanctioned authority, such processes may address social problems such as gender based violence, crime and poverty, and frequently occur in the context of other locally-driven attempts at community regeneration. Through collaborative empirical research in PNG, Solomon Islands and Samoa, our project will build an evidence base to better understand the potential and the dangers of community rule-making, and develop ‘responsive hybridisation’ as a new analytical framework to theorise about it.
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Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail g ....Regulating Australia's retail grocery sector - goals, actors and techniques. The major supermarket chains have a substantial economic and social impact on consumers, businesses and communities and are crucial to Australia's economic growth and productivity. Given their size and reach, regulation of the chains poses significant challenges. This interdisciplinary, empirical and theoretically driven project aims to interrogate the goals and processes of competition law as it applies in the retail grocery sector. In the first Australian research of its kind, it endeavours to explain how the chains' strategies and industry relationships influence regulatory action. The research is expected to produce recommendations on instruments and techniques to ensure that regulation of the sector is legally and practically efficient and effective.Read moreRead less
Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United ....Sharing the Wealth: Tax and Justice in The Slow Growth Era. This project aims to address fundamental problems of injustice in taxation emerging in the transition to a slow growth economy in Australia and globally. The project applies interdisciplinary approaches to generate new knowledge that aims to update frameworks for justice in taxation, refreshing out-dated 20th century ethical and legal approaches. Collaborative legal and philosophy analysis by leading scholars in Australia and the United States will respond to contemporary conditions of slow growth, wage stagnation, wealth inequality, population aging and longevity. Project outcomes will include tax reform proposals to benefit policy makers and enrich public debate on tax justice for 21st century economic and fiscal conditions.Read moreRead less