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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
Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of imp ....Impact of Native Title on Local Government in Australia. This project will consider in detail the Integrated Planning Act 1997 (Qld) (IPA) and how the implementation IPA Planning Schemes will impact upon native title rights to land and sea. The project will also look at the impact of IPA on development applications made by native titleholders themselves. It will provide for identification and analysis of the relevant legal arrangements affecting native title, and the creation for taxonomy of impacts arising out of the interaction of the two legal regimes. The project will indicate strategies to facilitate cooperation between local planning authorities and indigenous stakeholders within existing legal structures.Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a ....An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a consistent and coherent approach to this national (and international) issue to make the operation of any scheme more effective thus leading to a reduction of carbon emissions.Read moreRead less
Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset ....Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset credits' from RED(D), under its proposed emissions trading scheme commencing in 2010-2011, the project will benefit Australia. The project will also support the Australian government's Global Initiative on Forests, including the Kalimantan Forests and Climate Partnership with Indonesia. It will place Australian and Indonesian legal academics at the forefront of this innovative area of legal research.Read moreRead less
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
Regime interplay: from conflict to integration in overlapping international regimes. This project furthers the National Research Priority of An Environmentally Sustainable Australia, particularly the subsidiary goal of meeting Australia's Kyoto targets. The project will recommend ways of improving the integration of international trade and environmental regimes to enable the Australian government to tackle national environmental problems and risks, such as climate change, and encourage the "gree ....Regime interplay: from conflict to integration in overlapping international regimes. This project furthers the National Research Priority of An Environmentally Sustainable Australia, particularly the subsidiary goal of meeting Australia's Kyoto targets. The project will recommend ways of improving the integration of international trade and environmental regimes to enable the Australian government to tackle national environmental problems and risks, such as climate change, and encourage the "greening" of Australian industry without fear of retaliatory trade sanctions or unfair competitive advantages accruing to other nations. Successful national environmental policies, particularly in the complex area of climate change, are dependent upon the integration of environmental and economic policies at the international level.Read moreRead less
States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that ....States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that will shape the future of climate change and how Australia might best mediate its influence internationally in order to secure effective climate change mitigation.Read moreRead less
Harnessing the oceans to combat climate change: Developing law and policy frameworks for ocean energy and climate change mitigation. A major policy objective of the Australian Government is to address the adverse effects of climate change on the Australian economy, natural resources and national security. This project will analyse the adequacy of the current international and Australian legal and policy frameworks to prescribe regulatory principles for ocean energy activities and ocean based cli ....Harnessing the oceans to combat climate change: Developing law and policy frameworks for ocean energy and climate change mitigation. A major policy objective of the Australian Government is to address the adverse effects of climate change on the Australian economy, natural resources and national security. This project will analyse the adequacy of the current international and Australian legal and policy frameworks to prescribe regulatory principles for ocean energy activities and ocean based climate change mitigation activities which both protect and preserve the marine environment and its resources from adverse impacts and equitably accommodate other uses of the ocean. Australian legislative approaches to regulating these activities will be analysed to identify regulatory gaps and options developed to enhance Australia's regulatory framework.Read moreRead less