International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, le ....International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, legal concepts and sectors, this project reconceptualises the fields of international trade and investment law in order to maximise their coherence. By providing a framework for reform of existing treaties and negotiation of future treaties, the project offers concrete benefits for government and industry through increased consistency and predictability.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL210100133
Funder
Australian Research Council
Funding Amount
$3,192,357.00
Summary
The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and i ....The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and institutions to remedy the current imbalance. This project, and the new generation of researchers it will train, will enhance Australia’s capacity to hold global corporations to democratic standards, legal accountability and taxation, and establish Australia as a world leader in maintaining that balance going forward.Read moreRead less
Terrorism and the international law of armed conflict. This project investigates the scope, effectiveness and legitimacy of the international law of armed conflict as it applies to terrorist and counter-terrorist violence in armed conflicts. It aims to improve understanding of the legal regulation of such violence and thus ultimately to diminish human suffering in war.
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental re ....International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental regimes are capable of further development to ensure the continued existence of a safe operating space for humanity.Read moreRead less
The emerging international law of terrorism. This project examines how international law responds to terrorism and critiques the legitimacy and effectiveness of those responses. The project will improve the international community's knowledge about the effective regulation of terrorist violence within a rule of law framework, and identify opportunities for improving international responses.
Intellectual Property requirements in Free Trade agreements: implications for development in Pacific Island Countries. This project investigates ways in which intellectual property laws can be used to promote development in the Pacific Island Countries. It will inform and support Australia's trade negotiations with the region in the context of Pacific Agreement on Closer Economic Relations (PACER) Plus.
Discovery Early Career Researcher Award - Grant ID: DE220101189
Funder
Australian Research Council
Funding Amount
$444,851.00
Summary
Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evi ....Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evidence-based law reform and policy recommendations to improve the efficiency and quality of Australia’s asylum process. A fair and more efficient asylum process will secure the integrity of Australia's borders and save the government money while ensuring refugees can access protection promptly.Read moreRead less
Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, insti ....Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, institutions and networks on governance. This research will facilitate how international lawyers and policymakers can currently influence the operation of international law to improve maritime security responses and will better equip Australia to preserve its leadership role internationally in promoting a rules-based order at sea.Read moreRead less
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less