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
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 prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified ....Evaluating Federal class actions through empirical and comparative perspectives. Sixteen years after the introduction of a Federal class action regime (Part IVA), it is time for an accurate assessment (through an empirical and comparative study) of whether the concerns expressed by numerous commentators - that Part IVA has failed to enhance access to justice and judicial economy and has frequently been abused by the legal representatives of Part IVA parties and litigation funders - are justified. This study will finally provide Australian lawmakers with a detailed reform agenda to ensure that Part IVA will provide the benefits that it was intended to secure whilst operating in a fair and just manner. It will thus benefit similarly situated claimants, respondents, the Federal Court and the broader community.Read moreRead less
Achieving Gender Justice: national implementation of the gender provisions of the Rome Statute of the International Criminal Court. As only one of 15 states internationally to recognise gender-based crimes of the International Criminal Court Australia has an important leadership role to play globally in encouraging non-compliant states to implement and enforce their ICC gender commitments. This project will assist in advancing Australia's leadership in the field of women's rights by establishin ....Achieving Gender Justice: national implementation of the gender provisions of the Rome Statute of the International Criminal Court. As only one of 15 states internationally to recognise gender-based crimes of the International Criminal Court Australia has an important leadership role to play globally in encouraging non-compliant states to implement and enforce their ICC gender commitments. This project will assist in advancing Australia's leadership in the field of women's rights by establishing Australian scholarship at the forefront of knowledge about the diffusion of international gender justice norms. This research project will enhance Australia's reputation as a defender of international rights and as a good global citizen.
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Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Maritime Legal Practice and Policy in Southeast Asia and the South Pacific: Synergies and Challenges for Australian Trade and Security. Analysis of maritime legal practice in Southeast Asia and the South Pacific will bolster Australia's national maritime policy-making and regional capacity to address key maritime concerns, leading to enhanced sustainable management of the ocean environment and its resources, economic security, maritime enforcement and security for trade and shipping. This will d ....Maritime Legal Practice and Policy in Southeast Asia and the South Pacific: Synergies and Challenges for Australian Trade and Security. Analysis of maritime legal practice in Southeast Asia and the South Pacific will bolster Australia's national maritime policy-making and regional capacity to address key maritime concerns, leading to enhanced sustainable management of the ocean environment and its resources, economic security, maritime enforcement and security for trade and shipping. This will deliver profound political, economic and security benefits to the countries concerned. The research will help to safeguard Australia's vital maritime interests as well as those of our maritime neighbours and therefore impact directly on Australia's economic security and prosperity, the protection and preservation of the marine environment and thus the well being of its society.Read moreRead less
Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this ....Striking Hard at crime: criminal justice practice in China today. Australia has established a bilateral human rights dialogue with China. Chinese society is increasingly violent and its crime problems are increasingly transnational in nature. Some of the crimes targeted in China's current anti-crime policy have direct impact on our political refugee policy in Australia, in particular, Falungong adherents applying for refugee status. It is therefore vital that we strengthen our knowledge of this area of Asian law. This project aims to strengthen Australia's understanding of China's key politico-legal issues in order to better understand and engage with this emerging world superpower. 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
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