A comparative study of the prerogative and reserve powers in Commonwealth nations. This project will compare and analyse the exercise of unwritten executive powers (such as emergency powers and the power to dismiss governments) in Commonwealth countries with similar systems of government to ours. It will assist in developing good governance in our region and a better understanding of the limits of executive power in Australia.
Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Terrorism and the international law of armed conflict. This project investigates the scope, effectiveness and legitimacy of the international law of armed conflict as it applies to terrorist and counter-terrorist violence in armed conflicts. It aims to improve understanding of the legal regulation of such violence and thus ultimately to diminish human suffering in war.
The role of proxy and governance advisers in corporate governance. This project analyses the role of proxy and governance advisers in corporate governance in Australia and the USA. Its outcomes will clarify the nature and extent of proxy and governance adviser influence over the conduct of institutional investors and listed companies, thus allowing for a more informed debate on the need for regulation.
The emerging international law of terrorism. This project examines how international law responds to terrorism and critiques the legitimacy and effectiveness of those responses. The project will improve the international community's knowledge about the effective regulation of terrorist violence within a rule of law framework, and identify opportunities for improving international responses.
1989 and the rule of law revolution. This project explores three elements of the post-1989 worldwide rule of law revolution: constitutionalism, 'dealing with the past', and rule of law promotion. Australia increasingly seeks to promote the rule of law internationally, but these efforts draw on an inadequate base of knowledge and theory. This project work will expand that base.
Judicial perceptions of the media: a thematic analysis. The relationship between the courts and the media is important for open justice and democratic values. This project examines how judges view the media and their role, and the impact this has on decisions about the media's conduct.
Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal ....Process matters: the new global law of intellectual property enforcement. Intellectual property (IP) enforcement can make websites disappear, cause businesses or individuals to lose internet access, plant and equipment, stop imports or freeze technological innovation. The impact of IP on businesses and individuals depends critically on how we frame remedies and enforcement processes. These legal processes are increasingly dictated by treaty. This project aims to produce a first-of-its-kind legal analysis and conceptual synthesis of recent international and domestic developments in enforcement of patent, trade mark, copyright and other similar rights. The project intends to bring analytical rigour to highly polarised academic and policy discussions around the growth of international and domestic rules about IP enforcement.Read moreRead less
Improving the global governance of sharks: obstacles, options and opportunities. Improving the global governance of sharks is critical in light of their poor conservation status and importance for marine ecosystems. This project will make an important contribution to their conservation and sustainable use by identifying obstacles and opportunities for working better with existing laws and making recommendations for reform.
Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in ma ....Copyright and Cartography: Understanding the past, shaping the future. This project investigates the history of copyright in maps. It aims to discover what is at stake when we seek to regulate the production and dissemination of geographic data, a field which sits at the highly contested intersection of private rights and public access. Making extensive use of historical archives and taking an interdisciplinary perspective, the project plans to produce a comprehensive history of copyright in maps, charts and plans in Australia and the United Kingdom. It aims to highlight the ways in which copyright and the cultural field shape each other and the significance of this for geographic knowledge. The project is designed to engage with contemporary efforts to reform copyright law and policy relating to geographic data.Read moreRead less