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Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analy ....Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analyse the existing legislative techniques and possible alternatives in the context of the current theoretical debate about the respective advantages of reflexive law (which facilitates self-regulation) and top-down command-and-control regulation.Read moreRead less
Regulatory design for water quality management in urban catchments. This project aims, through empirical research (i) to evaluate the effectiveness of current regulatory, quasi-regulatory and other policy strategies for water quality management in urban catchments (including total/integrated catchment management); (ii) to provide practical policy prescriptions concerning how through judicious regulatory and institutional design, those problems may be best addressed for the future; and (iii) adva ....Regulatory design for water quality management in urban catchments. This project aims, through empirical research (i) to evaluate the effectiveness of current regulatory, quasi-regulatory and other policy strategies for water quality management in urban catchments (including total/integrated catchment management); (ii) to provide practical policy prescriptions concerning how through judicious regulatory and institutional design, those problems may be best addressed for the future; and (iii) advance regulatory theory by developing a framework for understanding the relative effectiveness of different regulatory regimes in the context of urban catchment management. Its empirical focus is on the Swan-Canning river in Western Australia.Read moreRead less
The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regul ....The New Collaborative Environmental Governance: Natural Resource Management in Australia. This project will evaluate the new regional natural resource management arrangements that have been established across Australia. The project outcomes will enable policy-makers nationally to identify opportunities for innovative policies and programs which can achieve better results for the environment (reducing environmental degradation), and for the economy (reducing costs to rural industries and to regulators) while substantially increasing effective community participation. The project will also provide principles with the potential to reshape environmental strategy and establish Australia as a leader in collaborative environmental governance internationally.Read moreRead less
Local Capacity Regulation: Facilitating Participatory Environmental Policy. This project aims to develop a participatory strategy capable of substantially improving the environmental performance of small and medium sized enterprises. Its outcome will be to show how local knowledge and capacity can be mobilized to fulfill regulatory and other environmental goals. Its significance will be (i) to develop principles for, and a broader model of local capacity regulation that is robust, sustainable an ....Local Capacity Regulation: Facilitating Participatory Environmental Policy. This project aims to develop a participatory strategy capable of substantially improving the environmental performance of small and medium sized enterprises. Its outcome will be to show how local knowledge and capacity can be mobilized to fulfill regulatory and other environmental goals. Its significance will be (i) to develop principles for, and a broader model of local capacity regulation that is robust, sustainable and easily reproduced, and capable of being applied to a wide range of other environmental and regulatory contexts and (ii) to develop an institutional framework that can facilitate effective community intervention in other domains of governance.Read moreRead less
Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes in ....Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes involved in establishing and maintaining sustainable and ongoing wildlife-based enterprises will improve their chances of success, and will also offer the opportunity to change regulatory frameworks to ensure consistency, remove contradictions and encourage workforce participation. The research will have national and international implications.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
New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it ....New Concepts in Legal Pluralism: A Theoretical and Practical Analysis. The central objective of this project is to make a substantial and original contribution to legal knowledge by developing a new concept of legal pluralism, and demonstrating its practical significance in the modern legal context. The traditional centralist model of law fails to recognise the co-existance of law with "quasi-legal" and informal normative systems, it deals inadequately with social and cultural difference, and it fails to recognise that state-based law is neither closed nor autonomous. This project will develop an innovative approach to legal pluralism, and strengthen pluralist thought within Australian law.Read moreRead less
Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, ....Journeys and Legacies of European Émigré Lawyers in Australia. This project investigates the reception and contribution of legally-qualified European émigrés to Australian law, institutions and society. Examining the cohort who arrived in Australia before, during and immediately after the Second World War, we focus on three sites: the legal academy, the legal profession, and the role of international institutions and agencies. Using archival research, oral history, personal papers and case law, the project makes an Australian contribution to international research into the journeys and legacies of European émigré lawyers. The project provides important new knowledge about the role of migration in shaping Australian legal institutions. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100636
Funder
Australian Research Council
Funding Amount
$429,000.00
Summary
Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who i ....Universal Legal Identity and the Sustainable Development Goals. This project is the first comprehensive study into the risks of exclusion associated with the pursuit of the universal legal identity target enshrined in the Sustainable Development Goals. Through a systematic examination of legal identification initiatives at international and country levels, in Indonesia, Thailand and Cambodia, the project will generate new knowledge on how exclusion in legal identity regimes is produced and who it affects. Outcomes include improved understanding of these risks and practical guidance to address them. Expected benefits include more inclusive state and non-state approaches to legal identity, as well as enhanced protections and development opportunities for marginalised populations in different contexts.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less