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The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and pub ....The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and public knowledge of the Court's contribution as a governmental organ to international justice in the 21st century. This improves judicial accountability, enhances Australia's international legal reputation, and meets the government's stated commitment to promoting justice and human rights internationally. The project produces public web-based resources and promotes national research priorities.Read moreRead less
The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This p ....The Admission and Exclusion of Asylum Seekers: The Search for Legitimate Parameters. The admission of asylum seekers into Australia is a burning political, legal and human rights issue. While Australia has dramatically reduced the inflow of asylum seekers through the Pacific Solution and other administrative and legal mechanisms, there are serious national and international concerns as to whether the strategies are consistent with international standards and principles of social justice. This project investigates Australia's exclusionary policies towards asylum-seekers and establishes a definitive framework for developing Australian asylum law consistent with international standards.Read moreRead less
International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case s ....International challenges to the Australian legal system: trade and human rights. The traditional notion of the Australian legal system as self-contained can no longer be sustained. Australia's legal structure operates within an international framework in which norms permeate national boundaries and influence local debates. This project will examine how Australian law and parliamentary and judicial institutions have reacted to this challenge, using the areas of trade and human rights as case studies. It will contribute to a new theoretical understanding of the Australian legal system as well as providing practical guidance for policy makers.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
Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribu ....Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribution to security and stability in our part of the globe and increase national capacity to contribute to global peace strategies.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
The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovere ....The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovereign rights throughout its maritime zones of jurisdiction. The issues involved have taken on a greater contemporary significance in light of recent events, including the surge in illegal people smuggling into Australia, increased illegal fishing activity in Australia's Southern Ocean exclusive economic zone by highly organized criminal syndicates and heightened tensions with regard to maritime terrorism.
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Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to acce ....Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.
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Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. Thi ....Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. This project examines Australia's international legal obligations to such people, to enable the development of informed, responsible and lawful responses to their plight. It contributes to NRP 4: Safeguarding Australia: Understanding Our Region and the World.Read moreRead less
Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisato ....Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisaton, Australia's federal legal system, the patient in society and health law, and the scope of effective legal regulation. The project will provide insights into and a theoretical understanding of existing global and national legal regulation of this sector as well as assisting in the formulation of future regulatory measures.Read moreRead less