Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and bus ....Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and business integrity systems (some of which have received international praise for their design and conception) function in order to improve their operation in Australia and to provide examples for other countries.Read moreRead less
The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endors ....The limits of disclosure: private rights, public duties and the search for accountable governance. A reliance on technical considerations such as enhanced disclosure, literacy programs and attempts to bifurcate between sophisticated and unsophisticated investors has each proved sub-optimal in the search for greater, or more accurately, effective accountability both here in Australia and internationally. The acceptance by the corporate sector to process risk allocation, develop a mutually endorsed formal and informal regulatory framework, and agree on clear and transparent roles and responsibilities marks a significant step forward. It is both significant and innovative that the design and implementation of the proposed strategic plan will derive from an extended exercise in deliberative democracy.Read moreRead less
Communicating genetic information in families: practical, legal, social and ethical issues. The outcomes of this study, will give evidence as to whether or not people do pass on genetic risk information to relatives, how they do it, what the barriers are, what their preferences are. It will also provide data so that mechanisms for best practice communication and clear guidelines for legal and health professionals can be developed. Effective communication and exchange of genetic risk information ....Communicating genetic information in families: practical, legal, social and ethical issues. The outcomes of this study, will give evidence as to whether or not people do pass on genetic risk information to relatives, how they do it, what the barriers are, what their preferences are. It will also provide data so that mechanisms for best practice communication and clear guidelines for legal and health professionals can be developed. Effective communication and exchange of genetic risk information will benefit individual health and the health of future generations.Read moreRead less
Better end-of-life care through an optimal, holistic regulatory framework. This project aims to enhance end-of-life care through better regulation. Current regulation does not work as intended and is complex and fragmented. This harms patients, families and health professionals, and wastes health resources across the 100,000 medical end-of-life decisions in Australia annually. Expected outcomes are: (1) the first study internationally to establish in practice how the interaction of conflicting l ....Better end-of-life care through an optimal, holistic regulatory framework. This project aims to enhance end-of-life care through better regulation. Current regulation does not work as intended and is complex and fragmented. This harms patients, families and health professionals, and wastes health resources across the 100,000 medical end-of-life decisions in Australia annually. Expected outcomes are: (1) the first study internationally to establish in practice how the interaction of conflicting law, policies, ethics and training affects the end-of-life care patients receive; and (2) a new holistic regulatory framework to enhance the quality of end-of-life care. Expected benefits are better palliative care, more patient involvement in decisions, reduced patient-doctor conflict and a more efficient health system.Read moreRead less
Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and a ....Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and armed conflict. As a result, this project has the potential to provide much needed tools for the arbitration of challenging transitional issues of relevance to the post war conduct of the Australian government and military forces.Read moreRead less
Financing Human Rights: Global Problems and Possibilities. In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia-Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimi ....Financing Human Rights: Global Problems and Possibilities. In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia-Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimise the impact of the financing of human rights protection in developing countries, and thereby add significantly to the maintenance and promotion of the security, prosperity and welfare of all peoples in our region.Read moreRead less
Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses ....Professions, Professional Standards and Capital Markets in the 21st Century: Regulatory Engagement, Design and Strategies. This project aims to advance academic knowledge of professional obligation within capital markets. The objective is to develop practical mechanisms to test and validate oversight programs designed to advance professional standards within the established professions of law and audit and those who aspire to that status (financial advisers and broker/dealers). The research uses an innovative conceptual framework that delineates rights, duties and responsibilities and measures capacity to deliver stated commitment to market integrity, thereby attending to the specific and pressing problems faced by the partner organisations. The project aims to provide warranted trust in the commitment of the professions to higher standards, thereby restoring market confidence.Read moreRead less
Pushing against globalisation: Understanding how state and non-state actors in socialist transforming East Asia shape global laws and regulations. Improving trade and investment with China and Vietnam is among Australia's foreign affairs and trade priorities. The predictive model will assist Australian policy makers and business investors/exporters to understand how China and Vietnam are likely to deal with transnational treaty obligations such as the World Trade Organisation and bilateral trade ....Pushing against globalisation: Understanding how state and non-state actors in socialist transforming East Asia shape global laws and regulations. Improving trade and investment with China and Vietnam is among Australia's foreign affairs and trade priorities. The predictive model will assist Australian policy makers and business investors/exporters to understand how China and Vietnam are likely to deal with transnational treaty obligations such as the World Trade Organisation and bilateral trade agreements. The project will shed light on domestic resistance to legal globalisation-an inquiry that has been overlooked by existing research. It will also inform important theoretical debates about the role non-state actors play in shaping the regulatory environment in the world's most dynamic economies and improve postgraduate research and teaching programs.Read moreRead less
The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcemen ....The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcement and investigate their likely future extension in Australia and internationally. Best practice models for corporate compliance with these laws will be constructed and all results will be widely disseminated and accessible in a variety of formats.Read moreRead less
Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less