Australian Laureate Fellowships - Grant ID: FL150100061
Funder
Australian Research Council
Funding Amount
$2,574,623.00
Summary
Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This p ....Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This project expects to build an interdisciplinary team to develop new legal concepts to make sense of the responsibilities of external actors in civil war, taking into account new norms and practices developed to protect civilians and to fight terrorism. It aims to provide governments, parliaments, and the public, with a framework for understanding the legal issues involved in decisions about intervention.Read moreRead less
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Partnerships at Work: The Interaction Between Employment Systems, Corporate Governance and Ownership Structure. This project examines the interaction of key factors seen to be of paramount importance in the creation and sustainability of 'Partnerships at Work'. These include particular employment systems, forms of corporate governance and ownership structures of enterprises. The circumstances in which partnership models arise, the pressures faced in maintaining them, and the role of the regulato ....Partnerships at Work: The Interaction Between Employment Systems, Corporate Governance and Ownership Structure. This project examines the interaction of key factors seen to be of paramount importance in the creation and sustainability of 'Partnerships at Work'. These include particular employment systems, forms of corporate governance and ownership structures of enterprises. The circumstances in which partnership models arise, the pressures faced in maintaining them, and the role of the regulatory environment will be examined through case studies and the construction of a database. It involves collaboration between senior scholars in corporate law and labour law. The project will enhance the capacity of governments, enterprises and stakeholders to review employment practices, governance structures and regulatory models.Read moreRead less
From margins to mainstream: gender equality and employment regulation. Progress towards gender equality in employment has stalled, despite anti-discrimination laws. This investigation of alternative regulatory strategies will build Australian expertise and contribute to knowledge about the relationships between gender equality and employment regulation, generating policy options for employment and human rights bodies.
The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance o ....The regulation of labour disputes in Southeast Asia. This project aims to investigate the complex regulation of labour disputes in Indonesia, the Philippines and Vietnam. Effective rules and institutions for the resolution of collective labour disputes are integral features of a sound industrial relations system. Yet in many developing countries, formal channels for the resolution of such disputes are largely ineffective. This heightens the risk of industrial disruption and encourages reliance on informal modes of regulation. The project will provide an empirical analysis of existing models of labour regulation, and inform policy development and the activities of agencies involved in labour dispute resolution in the region. It will better equip researchers, legal practitioners, policy makers and NGOs engaging transnationally in the Asia Pacific region.Read moreRead less
Precariousness in law and labour markets: the case of temporary migrant workers. This project examines the situation of temporary migrant workers in Australia, focusing on the nature and extent of their precariousness both in law and in labour market practice. It offers a major contribution to current research and policy debates on the implications of temporary migrant labour.
The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia ....The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia can more effectively safeguard the human rights of asylum-seekers and others affected by its regional border control cooperation. The results of this study will enhance the capacity of policy makers to deal with mixed flows of irregular migrants and asylum-seekers consistently with human rights and thus Australia's ability to play a positive leadership role in its region.Read moreRead less
Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the futu ....Cosmopolitanism and the Future of International Law. Questions about the theoretical foundation and practical effect of international law are extremely timely and of direct interest to Australia. Dominant conceptions of law have proved inadequate for understanding the capacity of international law to respond to the threats and challenges of our time. This project will assist Australians to participate more actively in generating new institutions, concepts and frameworks which will shape the future of international law. It will ensure that international law and institutions can better respond to the questions raised and the demands made on Australia by humanitarian crises, economic globalization and the movement of peoples.Read moreRead less
From famine to food security: the role of international law. This project addresses the pressing question of how the international governance framework might be reformed to avoid future food crises. It will make a major contribution to debates about the role that international law and international institutions can play in addressing current threats to food security.
Restoring State income taxation in Australia. This project aims to investigate the many design and implementation issues that would need addressing if State income taxation was restored in Australia. This issue has been debated for many decades since the Commonwealth assumed responsibility for income tax collection in 1942 as a wartime measure. The project’s highly innovative approach will involve interdisciplinary and comparative research, involving Australia, Canada, and the United States ....Restoring State income taxation in Australia. This project aims to investigate the many design and implementation issues that would need addressing if State income taxation was restored in Australia. This issue has been debated for many decades since the Commonwealth assumed responsibility for income tax collection in 1942 as a wartime measure. The project’s highly innovative approach will involve interdisciplinary and comparative research, involving Australia, Canada, and the United States and as well as an analysis of tax sharing arrangements in Germany. This project will contribute to understanding the policy issues associated with States access to revenue sources and provision of key social services.Read moreRead less