Revisiting Australia’s preferential trade agreements and bilateral investment treaties to safeguard regulatory autonomy. This project critically evaluates Australia’s free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.
Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcom ....Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcomes include clarification of the causes and implications of these shifts and innovative understanding of the connection between national security and economic interests in investment. This new knowledge should enhance balance in investment policy and decision-making, with economic and foreign policy benefits for Australia.Read moreRead less
The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. Th ....The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.Read moreRead less
International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of ....International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of the international legal and diplomatic order. This is particularly relevant now, when emerging global divisions threaten to repeat the ideological enmity and paranoia that was a feature of the Cold War period.Read moreRead less
The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of th ....The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. Read moreRead less
International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advan ....International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advance the project of international law in ways which are both commensurate to global challenges and consistent with democracy and political freedom. This account will contribute to wider debates about the future of the international legal and political order in times of uncertainty and crisis.Read moreRead less
Emerging technologies of warfare as a challenge to the law of armed conflict: cyber-attacks, robotics and nanotechnology. In order to reduce suffering in war, international law places limits on the ways in which the adversary can be harmed. This project will assess how the law fares in dealing with emerging technologies, such as hostile uses of computer networks, robotics and nanotechnology. It will provide guidance to policy makers on how the law can be improved.
The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for count ....The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for countries because traditional refugee frameworks are ill-suited to respond. The question this project asks is: if people cross a border to escape future harm, how ‘imminent’ does the harm need to be before another country has an obligation to protect them? Should international law protect only people who face the risk of immediate danger, or should it also protect those at risk of harm that may manifest more slowly over time?Read moreRead less
The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes mo ....The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This project will document an historic set of engagements spanning 70 years and provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order. This will provide deeper knowledge of the capacities of international judicial institutions to resolve disputes relating to economic, health, social, cultural and environmental issues.Read moreRead less
Children's rights: from theory to practice. Children's rights are important but their scope contested. This project will clarify their meaning. It will provide guidance to legislators, policy makers and advocates working with or for children, and generate a deeper understanding of the role of rights in resolving some of the major challenges facing children in Australia and around the world.