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Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard ou ....Waiting For Law: Land, Custom and Legal Regulation in East Timor. The project contributes to a national research priority: safeguarding Australia. Conflicts over customary lands have played important roles in the 'arc of instability' to our North, including in relation to natural resources (Aceh, West Papua, Bougainville) and land alienated or leased to "outsiders" (Solomon Islands, Vanuatu, Fiji). Developing an effective model for regulating customary lands in East Timor will (1) safeguard our considerable aid and military assistance contributions to East Timor, (2) serve Australia's interest in regional stability and sustainable development, and (3) offer potential comparative lessons for land and resource-related conflicts in Indonesia and the South Pacific.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
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE110100154
Funder
Australian Research Council
Funding Amount
$200,000.00
Summary
The World Legal Information Institute European law collection: effective access to European legal information in English for Australian researchers. This facility will provide the most comprehensive collection of free access English language databases of European legal materials (both national and supra-national) and allow citations of European cases and articles to be tracked, improving Australian research in European law.
Preventive Detention of High Risk Offenders: The Search for Effective and Legitimate Parameters. This Project will provide Australian policymakers with proposals for the management and treatment of high risk offenders that adopt international best practice standards and which are constitutionally valid and consistent with Australia's international legal obligations. It seeks to help safeguard the community from offenders considered at high risk of causing harm.
The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific leg ....The nexus of law and biology for emerging technologies. At the beginning of the 21st century, biological information has never been more important to law. With the goal of enhancing economic development, the proposed collaboration synthesizes key concepts from jurisprudence and biology. Key research sites of national and international teams- (1) Biologic, Legal Logic; (2) Medical Genetics and Consumers; (3) Feminism, Law, Biology and (4) Biotechnology, Ethics, Environment - explore specific legal implications of biological information and synergise the intersections. Outcomes and benefits include enhanced communication between jurisprudence and biology, important fora for the disciplines to learn about each other and an internationally recognised national research institute of Law and Biology based in Brisbane.Read moreRead less
Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty ....Public Law Implications of Treaty Between Indigenous and Non-Indigenous Australians. Australia is the only Commonwealth country that has never signed an official treaty with its Indigenous peoples. It is not surprising then that a treaty between Indigenous and non-Indigenous Australians has been cited as a goal of the reconciliation process by bodies including the Council for Aboriginal Reconciliation. Unfortunately, there has been little academic examination of the merits or content of a treaty, or of how a treaty might be accommodated within Australia's constitutional structure. With the benefit of comparative analysis, this project will provide a scholarly investigation of the role that a treaty could play under Australian law.Read moreRead less
An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will ....An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will examine in detail many hundreds of cases made over a 10 year period. This data will contribute to a consistent and just decision-making process nationally and internationally. This in turn will ultimately reduce the burgeoning trend of costly and lengthy litigation.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