Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking prot ....Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking protection for what appear to be grape varieties rather than geographical indications. Expected outcomes include evidence-based recommendations to government and industry. Project outcomes should benefit Australian economic interests by enhancing Australia’s ability to resist spurious geographical indication claims.Read moreRead less
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
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
Preventing and addressing environmental harm through restorative justice. This project aims to develop a knowledge base on how Restorative Justice (RJ) principles and practices can prevent and address environmental harm. Research has demonstrated that RJ is a powerful response to a wide variety of governance challenges and could provide a useful alternative paradigm for environmental regulation. This project aims to apply the processes and values of RJ to environmental regulation with a focus on ....Preventing and addressing environmental harm through restorative justice. This project aims to develop a knowledge base on how Restorative Justice (RJ) principles and practices can prevent and address environmental harm. Research has demonstrated that RJ is a powerful response to a wide variety of governance challenges and could provide a useful alternative paradigm for environmental regulation. This project aims to apply the processes and values of RJ to environmental regulation with a focus on harm prevention, advancing theory into a new domain of application. This should lead to immediate and long-term benefits, including better prevention of environmental harm, better relationships with communities, and stronger commitments by those who have caused harm to rehabilitate, repair and reform.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
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
A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet ....A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet.Read moreRead less
Integrated governance of water and coal seam gas. This project aims to evaluate the governance of the water effects on unconventional gas, to develop legal and policy principles for the integration of these effects in an effective, efficient and legitimate manner, and to investigate problems posed for integrated and polycentric governance, more generally. Australia must meet its unconventional gas needs without harming its water resources. The project is expected to deliver effective and legitim ....Integrated governance of water and coal seam gas. This project aims to evaluate the governance of the water effects on unconventional gas, to develop legal and policy principles for the integration of these effects in an effective, efficient and legitimate manner, and to investigate problems posed for integrated and polycentric governance, more generally. Australia must meet its unconventional gas needs without harming its water resources. The project is expected to deliver effective and legitimate outcomes for water, energy and potentially other social and environmental issues, aiming to establish Australia as a leader in sustainable water management.Read moreRead less
Non-urban water governance: rethinking compliance and enforcement. This project aims to critically evaluate the practices and strategies of non-urban water compliance and enforcement in Australia and internationally, to identify and develop innovations for water governance. New law and policy knowledge is expected from its fusion of empirical data and regulatory theory. The project expects to advance applied regulatory theory by identifying improvements in compliance and enforcement to help solv ....Non-urban water governance: rethinking compliance and enforcement. This project aims to critically evaluate the practices and strategies of non-urban water compliance and enforcement in Australia and internationally, to identify and develop innovations for water governance. New law and policy knowledge is expected from its fusion of empirical data and regulatory theory. The project expects to advance applied regulatory theory by identifying improvements in compliance and enforcement to help solve environmental issues. It will also lead to policy reforms for delivering more effective, efficient and politically-acceptable compliance outcomes for non-urban water management that will benefit water regulators and the sustainability and productivity of Australia's agricultural industry.Read moreRead less