The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will ....An International Comparative Analysis of Refugee Decision-Making. Surprisingly little information is available about the actual practice of refugee decision-making and the results of different kinds of claims (which are only recorded by the country of the claimant, not the basis of the claim). This project focuses upon practice "on the ground" to look at what is really happening. Currently, almost nothing is known about asylum seekers by category of claim (ie race, religion). This research will examine in detail many hundreds of cases made over a 10 year period. This data will contribute to a consistent and just decision-making process nationally and internationally. This in turn will ultimately reduce the burgeoning trend of costly and lengthy litigation.Read moreRead less
Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to br ....Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to broaden the conceptual resources available to policy-making and law reform concerning post-separation child custody.Read moreRead less
Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal e ....Building Human Rights in the Region through Horizontal Transnational Networks: the Role of the Asia Pacific Forum of National Human Rights Institutions. The observance of human rights is an important element of social cohesion and stability in the countries of the region. This project undertakes an evaluation of a regional public network of national human rights institutions, the Asia Pacific Forum of National Human Rights Institutions, and assesses the extent to which a cooperative horizontal endeavour like the Forum can effectively promote and facilitate the implementation of shared international goals in the field of human rights. The research findings will contribute to improved policymaking for the promotion of the implementation of human rights and other international good governance goals in the region. Read moreRead less
‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Cou ....Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Council of Australia (representing all Australian electoral authorities), this project will produce leading scholarship that will assist the ongoing development of an appropriate regime of electoral law for Australia in the 21st century.Read moreRead less
Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and a ....Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and armed conflict. As a result, this project has the potential to provide much needed tools for the arbitration of challenging transitional issues of relevance to the post war conduct of the Australian government and military forces.Read moreRead less
Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.Read moreRead less
The International Criminal Court and the Protection of Women's Rights in Conflict and Post-Conflict Contexts: International Developments and Regional Strategies. As a country with a strong commitment to human rights and a signatory to the International Criminal Court (ICC), Australia has a leading role to play in supporting ICC efforts to end impunity for perpetrators who commit crimes against humanity. This project will strengthen Australia's position as an international advocate for the Court ....The International Criminal Court and the Protection of Women's Rights in Conflict and Post-Conflict Contexts: International Developments and Regional Strategies. As a country with a strong commitment to human rights and a signatory to the International Criminal Court (ICC), Australia has a leading role to play in supporting ICC efforts to end impunity for perpetrators who commit crimes against humanity. This project will strengthen Australia's position as an international advocate for the Court by contributing expertise on the development, application and implementation of its decisions on women's rights in conflict and post-conflict situations. The research will strengthen the work of the Court in relation to gender-justice and will have practical benefit in the region in terms of recognisng women's rights in East Timor and Cambodia.Read moreRead less
Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are res ....Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are resolved for Australia's benefit. Through the development of a comprehensive and integrated framework for deciding on resort to litigation, this project will enhance Australia's relationships with neighbouring states and allies through successful use of dispute settlement techniques in relation to issues of economic, social and security importance to Australia.Read moreRead less