Discovery Early Career Researcher Award - Grant ID: DE210100525
Funder
Australian Research Council
Funding Amount
$421,625.00
Summary
Reconceptualising copyright to improve access to screen culture . This project examines the impact of copyright law in Australia’s screen industries, focusing on distribution and access to audiovisual material. It seeks to understand how copyright law and practice can better ensure that the wealth of humankind’s recorded creative output is available for people to enjoy, learn from, and reuse. It combines novel digital research methods with in-depth interviews to study the challenges of licensing ....Reconceptualising copyright to improve access to screen culture . This project examines the impact of copyright law in Australia’s screen industries, focusing on distribution and access to audiovisual material. It seeks to understand how copyright law and practice can better ensure that the wealth of humankind’s recorded creative output is available for people to enjoy, learn from, and reuse. It combines novel digital research methods with in-depth interviews to study the challenges of licensing and distribution in the screen industries, where copyright is at its most complex. It aims to provide rigorous evidence to inform the development of technology-neutral regulation for Australia's copyright industries, improve copyright licensing markets, and unlock the value of under-distributed screen content.Read moreRead less
Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulat ....Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulators. A key expected outcome is to develop a normative understanding about whether transnational peer review enhances the efficacy and accountability of Australian financial regulators given the more limited oversight of such regulators by parliaments and courts. Read moreRead less
Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, insti ....Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, institutions and networks on governance. This research will facilitate how international lawyers and policymakers can currently influence the operation of international law to improve maritime security responses and will better equip Australia to preserve its leadership role internationally in promoting a rules-based order at sea.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
Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgmen ....Intoxication Evidence in Rape Trials: A Double-Edged Sword? There is strong evidence that intoxication by alcohol and other drugs is frequently associated with sexual violence. Criminal law reforms in Australia have attempted to break the ‘rape myth’ nexus between intoxication and assumed consent. This project will subject the operation of relevant rules to systematic analysis. Focusing on intoxication evidence in rape trials, this project will undertake qualitative analysis of appellate judgments, court transcripts and interviews with prosecutors and defence lawyers, in three Australian jurisdictions. It should produce significant new knowledge about whether existing laws and court room practices are optimally adapted to achieving the important objective of justice for sexual violence victims.
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Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on ....Australian human rights complaints: Litigation, mediation or conciliation. This project will assess the effectiveness of the mechanisms used to resolve human rights complaints in Australia – conciliation, mediation and litigation. It will be the first project to evaluate the effectiveness of these mechanisms in a human rights context. Working with industry partners from the legal sector and four human rights commissions, this project will generate new knowledge on human rights complaints and on the views of key stakeholders about the effectiveness of the mechanisms used to resolve human rights complaints. This new information will inform legal and policy reform throughout Australia. The expected outcomes include developing a robust evidence-based model for human rights dispute resolution in the Australian context.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240101215
Funder
Australian Research Council
Funding Amount
$445,461.00
Summary
New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' ....New Bail Regimes: Reconceptualising Risk to Reduce Remand Imprisonment. More than one in three prisoners in Australia are on remand, double that of two decades ago. This project aims to investigate how risk management in new bail regimes affects accused individuals experiencing social disadvantage. It employs innovative critical criminological methods to generate much-needed knowledge about how criminal justice actors interpret and respond to risk in the bail decision-making process, and 'lived' experiences of bail conditions and remand imprisonment. Expected outcomes include a new framework for conceptualising risk in the context of bail. This should bring significant benefits to policymakers and law reformers seeking to reduce imprisonment and its impacts on disadvantaged groups.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220101189
Funder
Australian Research Council
Funding Amount
$444,851.00
Summary
Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evi ....Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evidence-based law reform and policy recommendations to improve the efficiency and quality of Australia’s asylum process. A fair and more efficient asylum process will secure the integrity of Australia's borders and save the government money while ensuring refugees can access protection promptly.Read moreRead less
The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Proj ....The non-fatal strangulation offence as a response to domestic violence. This project aims to review the application and experience of the non-fatal strangulation offence as a response to domestic violence. Through a mixed-methods design, the project will generate new knowledge about the operation of the non-fatal strangulation offence in practice. This is crucial given that many women escaping domestic violence report non-fatal strangulation from their past partner. Expected outcomes of the Project include the development of law reform and policy recommendations to improve the operation of the offence, enhance service responses and develop professional education. This research will provide significant social and economic benefits through better understanding of the legal response to domestic violence.
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Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less