Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal ca ....Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal capacity to respond to climate change, so identifying appropriate governance structures and regulatory tools. This analysis is vital to positioning Australian environmental law to manage climate change impacts and associated social, ecological and economic costs and to ensure compliance with international obligations.Read moreRead less
Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and instituti ....Managing Competing Claims to Land and Resources - Does Property Law Promote Sustainability ? A key factor in promoting environmental sustainability is the resolution of competing claims to land and water resources in rural Australia. This project would examine the effectiveness of property law as the major model for resolving conflicts and regulating land and resources. Through overseas and Australian comparative research the project would provide an analysis of alternative legal and institutional models of relevance to land and resource management authorities, industry and community groups. It would support the resolution of competing claims through an examination of legal models, which may more effectively promote environmental sustainability.Read moreRead less
Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine ....Traditional knowledge and intellectual property: A comparison of current approaches in Australia, Indonesia and the Philippines. The concepts of 'indigenous cultural and intellectual property rights' and 'traditional resource rights' have sparked a debate between resource-rich developing countries and technology rich industrialised nations, because of their importance for biotechnology and pharmaceutical research. This comparative study combines legal analysis and fieldwork to critically examine cultural assumptions about the relationship of indigenous communities to their symbols and their environment. The examination will extend to Southeast Asia to discover different concepts of 'indigenous' and different mechanisms for the interaction between state and customary law. Asian experiences with legislation in this field will provide useful insights for legislators in Australia.Read moreRead less
Regime interplay: from conflict to integration in overlapping international regimes. This project furthers the National Research Priority of An Environmentally Sustainable Australia, particularly the subsidiary goal of meeting Australia's Kyoto targets. The project will recommend ways of improving the integration of international trade and environmental regimes to enable the Australian government to tackle national environmental problems and risks, such as climate change, and encourage the "gree ....Regime interplay: from conflict to integration in overlapping international regimes. This project furthers the National Research Priority of An Environmentally Sustainable Australia, particularly the subsidiary goal of meeting Australia's Kyoto targets. The project will recommend ways of improving the integration of international trade and environmental regimes to enable the Australian government to tackle national environmental problems and risks, such as climate change, and encourage the "greening" of Australian industry without fear of retaliatory trade sanctions or unfair competitive advantages accruing to other nations. Successful national environmental policies, particularly in the complex area of climate change, are dependent upon the integration of environmental and economic policies at the international level.Read moreRead less
An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable developmen ....An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance. Effective management of natural and cultural resources for sustainability is an urgent national priority. The laws and policies governing land ownership and use are outdated, complex, disjointed and fail to provide coherent information to decision makers responsible for managing natural and cultural resources. This presents a significant barrier to ensuring sustainable development of resources jeopardising Australia's future environmental well being. This research aims to be the first to provide a legal and policy framework which integrates land ownership and principles of sustainable development to facilitate greater understanding and management of our environmental and social obligations for future generations. Read moreRead less
Creating a Comprehensive International Law of Sustainable Energy: The Contribution of Law to Sustainable Development and Climate Change. This project provides a legal initiative that will contribute to the achievement of a sustainable energy future. Australia is already experiencing the impact of the failure to achieve this gaol through climate change, threats to energy security and increased destabilisation of international peace and security. All sections of the community must respond to thes ....Creating a Comprehensive International Law of Sustainable Energy: The Contribution of Law to Sustainable Development and Climate Change. This project provides a legal initiative that will contribute to the achievement of a sustainable energy future. Australia is already experiencing the impact of the failure to achieve this gaol through climate change, threats to energy security and increased destabilisation of international peace and security. All sections of the community must respond to these challenges and the project provides a contribution from the law. The realisation of the project may also lead to increased demand for energy efficiency and sustainable energy technologies and infrastructure that could result in the development of commercial opportunities for Australian companies.
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The Reognition of Access to Energy Services as an Integral Component of the Human Rights and Sustainable Development Framework. This project will contribute to the fulfillment of Australia's international obligations as a member of the United Nations and as a party to a multitude of multinational treaties dealing with human rights and sustainable development. In addition the succesful realisation of the project would lead to an increased demand for alternative energy technology and infrastructu ....The Reognition of Access to Energy Services as an Integral Component of the Human Rights and Sustainable Development Framework. This project will contribute to the fulfillment of Australia's international obligations as a member of the United Nations and as a party to a multitude of multinational treaties dealing with human rights and sustainable development. In addition the succesful realisation of the project would lead to an increased demand for alternative energy technology and infrastructure (e.g. wind generators and solar collectors) that could result in the development of commercial opportunities for Australian companies and new industries in this country. Read moreRead less
The design and application of taxation laws to domestic and cross-border transactions triggered by carbon emissions trading schemes. The introduction of a national emissions trading scheme is the cornerstone of the Australian Government's response to climate change, the Carbon Pollution Reduction Scheme. The goal of this and other similar emissions trading schemes is the reduction of carbon emissions in the most cost effective manner. By promoting the harmonisation of the taxation treatment of p ....The design and application of taxation laws to domestic and cross-border transactions triggered by carbon emissions trading schemes. The introduction of a national emissions trading scheme is the cornerstone of the Australian Government's response to climate change, the Carbon Pollution Reduction Scheme. The goal of this and other similar emissions trading schemes is the reduction of carbon emissions in the most cost effective manner. By promoting the harmonisation of the taxation treatment of permits on an international level, this project will promote the establishment of a uniform price for carbon and thereby support global initiatives to reduce emissions. Only a coordinated international response has the potential to reduce global emissions and therefore mitigate the impact of climate change on Australians and the Australian economy.Read moreRead less
An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a ....An Integrated Legal Regime for a Sustainable Carbon Cycle. The reduction of carbon emissions is a priority for governments worldwide. In Australia, the Federal Government is in the process of introducing a carbon emissions reduction scheme. Key elements of that scheme relating to the legal treatment of carbon in all forms relies upon the disparate property law frameworks of the respective States and Territories inherited from England in the 19th Century. The object of this project is to create a consistent and coherent approach to this national (and international) issue to make the operation of any scheme more effective thus leading to a reduction of carbon emissions.Read moreRead less
States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that ....States, Coalitions and Climate Change Governance. Australia will suffer a greater adverse effect from climate change than most other developed countries, yet it is also placed to do well as part of an effective global mitigation effort. The success of this mitigation effort will be crucially dependent on the co-operation of lead states. This project analyses the dynamics of climate change co-operation. It will have national benefit in helping Australia to understand the emerging coalitions that will shape the future of climate change and how Australia might best mediate its influence internationally in order to secure effective climate change mitigation.Read moreRead less