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
Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and ju ....Testing Court Reform Projects in Cambodia and Vietnam. Financial assistance for court reform projects in ASEAN countries is among Australia's foreign aid priorities, consuming highly sought-after aid dollars. This research will make recommendations aimed at increasing the efficacy of aid-assisted court reform projects. By paying particular attention to indigenous perspectives of successes and failures of such projects, the research will contribute to Australia's understanding of the legal and judicial contexts in two of its Southeast Asian neighbours. The research will inform Australia's aid investments in Cambodia and Vietnam, the region and internationally. It will enhance Australia's ability to achieve more effective design, implementation and evaluation of court-related aid interventions. Read moreRead less
Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of c ....Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of court decisions that have recently become available, as well as the implementing laws and institutions supporting IP. It aims to show the bargaining processes about the future of the system between the government and foreign investors as well as citizens and between different institutions, thereby providing valuable information to Australian businesses and the government.Read moreRead less
Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcom ....Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcomes include clarification of the causes and implications of these shifts and innovative understanding of the connection between national security and economic interests in investment. This new knowledge should enhance balance in investment policy and decision-making, with economic and foreign policy benefits for Australia.Read moreRead less
Revisiting Australia’s preferential trade agreements and bilateral investment treaties to safeguard regulatory autonomy. This project critically evaluates Australia’s free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.
International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, le ....International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, legal concepts and sectors, this project reconceptualises the fields of international trade and investment law in order to maximise their coherence. By providing a framework for reform of existing treaties and negotiation of future treaties, the project offers concrete benefits for government and industry through increased consistency and predictability.Read moreRead less
International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of ....International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of the international legal and diplomatic order. This is particularly relevant now, when emerging global divisions threaten to repeat the ideological enmity and paranoia that was a feature of the Cold War period.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.
The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of th ....The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. Read moreRead less
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