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
Discovery Early Career Researcher Award - Grant ID: DE210101055
Funder
Australian Research Council
Funding Amount
$334,775.00
Summary
Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to ....Public law accountability of outsourced government services. When government officials make decisions that affect a person's interests - eg whether to grant a social security payment or visa - the official must act lawfully, fairly and rationally. If they do not, there are means of review and redress for the affected individual via administrative law. But increasingly, government service delivery is outsourced and review mechanisms are lost. This project will analyse best practice approaches to administrative review and redress in different outsourcing contexts. It will generate new knowledge about the operation and effectiveness of redress mechanisms. This will benefit policy-makers and the community by enhancing transparency, fairness and accountability in outsourced decision-making.Read moreRead less
The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity ....The role of community sponsorship for refugee resettlement in Australia . This Project aims to conduct the first large-scale comparative study of community or private sponsorship of refugee resettlement in Australia and other jurisdictions. It will generate ground-breaking insights into Australia’s role historically in community sponsorship of refugee resettlement and identify the legal and policy background of current successful community sponsorship programs. Expected outcomes include clarity and policy guidance about how community or private sponsorship is understood, conceived and implemented globally; and better knowledge about the motives of community sponsors. This Project will position Australia as a world leader in practice and research on community or private sponsorship for refugee resettlement. Read moreRead less
Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol ....Violence, Risk and Safety: The Changing Face of Australian Criminal Laws . Criminal laws have been radically transformed to keep Australians safe from violence. This project aims to complete the first national study of how and why criminal laws have proliferated and diversified so significantly. It will employ novel conceptual tools for investigating the 'drivers', ‘processes’ and ‘modalities’ of criminalisation, and complete socio-legal studies of sexual and domestic violence, homicide, alcohol-related violence, public disorder and the activities of criminal groups. The intended outcome is new knowledge about the causes and effects of innovation in criminal law-making. This research can benefit future public debate, policy development and law reform decisions about the role of criminalisation in enhancing safety.Read moreRead less
Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulat ....Peer Review of Financial Regulatory Agencies. The project aims to study peer review of Australian financial regulators by their international peers. Transnational peer review is increasingly used in transnational regulatory networks, international organisations and regional trade partnerships. However the conduct and effects of such peer review are opaque. The project aims to shine new light on the function and legitimacy of transnational peer review as it applies to Australian financial regulators. A key expected outcome is to develop a normative understanding about whether transnational peer review enhances the efficacy and accountability of Australian financial regulators given the more limited oversight of such regulators by parliaments and courts. Read moreRead less
Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of c ....Building an intellectual property system: The Indonesian experience. This project aims to provide an independent assessment of the development of the Indonesian intellectual property system over the past 30 years. Economic theory suggests pathways to innovation and ‘tipping points’ in intellectual property (IP) development. This project plans to explore the introduction and operation of IP in Indonesia as a typical example for middle-income developing countries. It plans to analyse hundreds of court decisions that have recently become available, as well as the implementing laws and institutions supporting IP. It aims to show the bargaining processes about the future of the system between the government and foreign investors as well as citizens and between different institutions, thereby providing valuable information to Australian businesses and the government.Read moreRead less
Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates an ....Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates another layer of regulation. Navigating this terrain is the responsibility of every academic and manager, but it is a complex, incoherent framework. Mapping it with an eye toward harmonization and coherence will better advance public goals, in particular improve access to research for impact and engagement.Read moreRead less
The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the proje ....The effects of female genital mutilation laws in Australia. This project aims to produce new knowledge about laws that have criminalised female genital mutilation (FGM) in Australia since 1994. FGM laws are now subject to robust international criticism, as well as increased concerns among the affected communities. Through the use of innovative primary data collection strategies with law and policy makers, justice system officials and with affected communities in Australia and the UK, the project seeks to produce robust evidence and original insights into the effects of these laws and the potential impacts of proposed legal initiatives. Expected benefits include enhanced legal and policy approaches to FGM that will assist with safeguarding the wellbeing of women and children.Read moreRead less
Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impa ....Indigenous Justice Reports: new narratives and practices in sentencing. This project engages a participatory action research model to assess the impact of Indigenous Justice Reports in criminal sentencing on sentence practices and outcomes for Indigenous women. It introduces Indigenous Reports for Indigenous women in Victorian Koori Courts and expands their availability in Queensland Murri Courts. Its comparative research approach identifies how place-based factors influence the process and impact of Indigenous Reports on sentencing. This project seeks to improve sentencing processes and outcomes for Indigenous defendants by providing courts with reports that address personal and community circumstances of Indigenous women, provide relevant sentencing options and are accompanied with appropriate supports.Read moreRead less