Discovery Early Career Researcher Award - Grant ID: DE180101594
Funder
Australian Research Council
Funding Amount
$335,983.00
Summary
The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will infor ....The ideal judge. This project aims to interrogate how one significant and under-utilised resource, the speeches made at judicial swearing-in ceremonies, demonstrates changing perceptions of the essential attributes of judges and of judging in Australian Supreme Courts. The project’s expected outcomes include revealing the different ways governments, lawyers and judges perceive these attributes; the gendered ramifications of these perceptions; and variations over time and geography. It will inform public debate regarding the ideal attributes of judges and judging, qualities that are essential to maintaining and building public confidence.Read moreRead less
Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored thr ....Bringing Indigenous voices into judicial decision-making. This project aims to show how judgments can be written so as to be inclusive of Indigenous people's voices and histories. This project will extend methodologies created by international scholars for correcting the absence of women’s voices, and produce the missing Indigenous judgment in twenty decisions of Australian superior courts. The gulf between judge-made law and the lived experience of Indigenous litigants will also be explored through an in-depth examination of four test case exemplars. This project’s benefits include building a new relationship between Australian judges and Indigenous people and contributing to Australia's jurisprudence on Indigenous people and the law.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101486
Funder
Australian Research Council
Funding Amount
$429,936.00
Summary
Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era re ....Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era reproductive crimes, to be made available on a public database that will shed light on this largely overlooked aspect of Cambodian history. Other expected outcomes include formulating new strategies for prosecuting reproductive crimes in international courts, thus contributing to the global push for gender justice.Read moreRead less
Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
....Body Worn Camera Evidence and Assessment of Witness Credibility. The aim of this project is to establish how the use of Body Worn Cameras to record statements in domestic and family violence cases affects assessment of a complainant’s credibility at trial. It will generate new knowledge about the influence of: (i) the physical environment in which recordings are made, (ii) the audio and visual quality of recordings, and (iii) fact-finders’ (judges and jurors) emotional responses to recordings.
Expected outcomes of the project include law reform and policy recommendations to improve the practice of recording victim/witness statements and management of the use of such evidence in criminal proceedings.
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Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationshi ....Indigenous leaders: lawful relations from encounter to treaty. This project aims to draw together history, law and the creative arts to recover, make visible and make accessible the continuous traditions of Indigenous people’s leadership in conducting lawful relations in Victoria. The project aims to develop methods of translating these encounters and their insights. The intended outcomes should shape critical deliberations on the future of non-Indigenous Australia’s legal and social relationships with its First Peoples, particularly regarding treaty-making.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101068
Funder
Australian Research Council
Funding Amount
$374,686.00
Summary
The Common Heritage of Mankind: A Cosmopolitan Preservationist Ethic. The common heritage of mankind, presently only a weakly-articulated principle of international law, postulates that some assets are valuable for all mankind and hence should be preserved for perpetuity. This project aims to provide the first systematic, unified moral framework for understanding this principle. It expects to analyse the ground and scope of cosmopolitan duties to protect assets belonging to this heritage, thereb ....The Common Heritage of Mankind: A Cosmopolitan Preservationist Ethic. The common heritage of mankind, presently only a weakly-articulated principle of international law, postulates that some assets are valuable for all mankind and hence should be preserved for perpetuity. This project aims to provide the first systematic, unified moral framework for understanding this principle. It expects to analyse the ground and scope of cosmopolitan duties to protect assets belonging to this heritage, thereby contributing to important philosophical debates on intergenerational justice, cosmopolitanism, climate change, and humanitarian intervention. Its expected outcomes include practical guidance to policymakers and stakeholders in reshaping global governance around this principle.Read moreRead less
Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing st ....Judges' work, place and psychological health - a national view. This project aims to address the human, juridical and financial costs of judicial officers’ work-related psychological harm. This harm is implicated in early retirement, sick leave and suicide. It threatens appropriate courtroom conduct, procedural fairness and impartial adjudication. The project seeks to generate new knowledge of the stress judicial officers experience and the individual and institutional mechanisms for managing stressors, combining socio-legal and psychological approaches. Expected outcomes include evidence-based understandings to inform recruitment and retention strategies specific to this highly specialized workforce. This should provide significant benefits for judges’ work capacities and courts' delivery of justice.Read moreRead less
Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical resear ....Obstacles to Contract Enforcement in Indonesia. The Australia-Indonesia Comprehensive Economic Partnership (IA-CEPA) came into force in 2020 but foreign investment in Indonesia has consistently failed to meet targets, largely due to concerns about the lack of reliable and just judicial contract enforcement. This project aims to investigate why predictable and fair contract enforcement in Indonesia is so inaccessible, particularly for foreign investors, and, through doctrinal and empirical research, explain the causes of this situation. In partnership with Indonesian courts and lawyers, it also aims to support the development of legal and policy reform proposals that can help resolve Indonesia’s commercial contract enforcement problems and encourage Australian investment there.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less
Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better i ....Data science in humanitarianism: novel law and policy challenges. This project aims to study how agencies such as the United Nations make use of data science to support decision-making and resource allocation in humanitarian and development work and confront law and policy challenges emergent in this context. Its bridging of socio-legal inquiry and developments in information and communications technology will produce new international law and policy knowledge. Expected outcomes include better insight into the limits of automated decision-support techniques and their perceived legitimacy in different settings, and resulting reform recommendations, as well as building technology-related skills that are important for Australia's changing economy. Aid donors and recipients worldwide will benefit from changes in law and policy designed to ensure the legitimacy of decisions in humanitarian and development work.Read moreRead less