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Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that acco ....Meta-regulation and the Regulation of Law. Meta-regulation means the regulation of regulation (eg state regulation of corporate risk management systems). Meta-regulation is a response to complexity in managing relations between systems of governance, society and economy. Ten case studies will analyse the way ?regulators? (broadly defined) observe how real-world systems work and steer them indirectly by understanding internal systems. The project will develop a theory of meta-regulation that accounts for recent shifts in Australian governance. It will generate a meta-regulatory theory of law. Understanding meta-regulation may enhance regulatory effectiveness, social and procedural justice while advancing the international competitiveness of Australian regulationRead moreRead less
‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. T ....Policy-Based Reasoning in Private Law. The Australian community devotes a great deal of attention to improving the regulation of commercial and consumer relations through participative, public processes such as law reform commissions and parliamentary inquiries. The important role of judicial law-making in regulating economic and social relations is often overlooked. This project will examine the way in which the pursuit of policy goals influences judicial law-making in the private law sphere. The project will make an important contribution to the international debate about the legitimacy of policy considerations in judicial-making in private law, and the extent of the legitimate law-making role of the courts in a democratic system.Read moreRead less
The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and pub ....The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and public knowledge of the Court's contribution as a governmental organ to international justice in the 21st century. This improves judicial accountability, enhances Australia's international legal reputation, and meets the government's stated commitment to promoting justice and human rights internationally. The project produces public web-based resources and promotes national research priorities.Read moreRead less
Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesi ....Drugs, law and criminal procedure in Southeast Asia: A comparative analysis. Australians accused of major drugs offences in Southeast Asia face very serious penalties, including death or life imprisonment. There is, however, a lack of accurate information in Australia regarding how drugs trials are conducted in the region, let alone detailed knowledge of applicable laws and procedure. There is now an acute need for detailed comparative material on criminal laws and judicial processes in Indonesia, Vietnam and Singapore, so better support can be provided both for Australians facing drug-related charges and for Australian governments in developing policies and strategies in response to the issues these trials create.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labou ....Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labour law. It will also enable Australian policy makers to participate in international policy reform debates facilitated through international institutions. In particular, it will enhance Australia's capacity to understand and contribute to the establishment of better legal systems in our region, enhancing important trading and strategic relationships.Read moreRead less
Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insigh ....Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insights on securing compliance with the employment law in China, benefiting Australian foreign policy makers, traders, investors and overseas development organisations. It will facilitate collaborative work between China and Australia on strengthening the regulatory capacity of Chinese institutions. Read moreRead less
The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better d ....The Experiences of Parents and Children After Family Court Decisions About Relocation. This research will contribute to the improvement of decision-making about children in the family law system. It will enable an assessment of judicial decisions about whether a parent can relocate with children. It will make a unique contribution by gathering information from children and their parents about the effects of these decisions. The analysis will help parents, law-makers and judges to make better decisions in this important and controversial area. This will have benefits for the happiness, health and prosperity of children and their parents. Better decision-making will also reduce the costs to government of family breakdown. Read moreRead less
Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic value ....Terrorism and Public Law after September 11. The threat posed by terrorism is multifaceted. It can directly or indirectly affect the lives of almost every citizen, whether through a relationship with a person affected by terrorism, such as the Bali bombing, or even through increased airport security. The law lies at the forefront of responses to terrorism in the wake of September 11. New laws are important to protect the community from violent harm, but must also ensure that the democratic values that governments seek to protect are not undermined. This project, in providing sustained research and legal analysis in this area, offers significant security, personal, economic and social benefits to Australia as well as to other nations affected by the threat of terrorism.Read moreRead less