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
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.
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
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
A legal analysis of Australia's future engagement with Asia-Pacific security institutions. The security landscape of the Asia-Pacific is rapidly changing with significant implications for Australia. This project examines Australia's engagement with regional institutions to address contemporary regional security challenges by engaging critical legal analysis and through collaboration with Asia-Pacific security analysts and policy-makers.
Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing ....Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing on recent experiences of elected members, including Australia, the project is expected to advance evidence-based and empirically grounded policy proposals designed to increase the capacity of elected members to exercise power and influence over the Council's agenda and policy.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
Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes in ....Analysis of legislation and policies affecting the development of Indigenous wildlife-based enterprises. Entrepreneurial enterprise development by Indigenous people in remote regions is being encouraged as part of government policy to move people off welfare and into work. Indigenous knowledge of wildlife makes it a logical source of wealth generation but a range of legal and policy constraints add to substantial existing social and logistical problems. An understanding of the legal processes involved in establishing and maintaining sustainable and ongoing wildlife-based enterprises will improve their chances of success, and will also offer the opportunity to change regulatory frameworks to ensure consistency, remove contradictions and encourage workforce participation. The research will have national and international implications.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.