Intellectual property and climate change: inventing clean technologies. By providing recommendations about intellectual property law, policy and practice to policy-makers and stakeholders, this project will promote research and development of clean technologies in Australia. It will also facilitate the transfer of such technologies in Australia and to developing countries and least developed countries.
Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendabl ....Reclaiming copyright's lost cultural value for authors and the public. This project aims to develop new empirical understandings of the cultural value lost through current approaches to copyright. Copyright rules that favour one party do necessarily need to imply losses for another. By changing the scope and division of rights it is possible to improve outcomes for multiple stakeholders. The project will result in new understanding of how this can be achieved within the confines of an unamendable treaty framework by exploring fuller protection of authorship as a mechanism for securing a fairer go for creators, unlocking new opportunities for publishers, generating new sources of arts funding and improving access for the public. The project should provide significant benefit by informing law reform debates at domestic and international levels.Read moreRead less
Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanism ....Administrative justice in China: harnessing the rule of law to deal with citizen complaints against official misconduct. Ongoing conflicts between citizens and government officials in China pose a serious threat to the country’s social stability. Dealing fairly and efficiently with citizens’ complaints of administrative misconduct is a core component of China’s commitment to good governance and the rule of law. This legal project undertakes the first systematic examination of the three mechanisms underpinning administrative justice in China and their interaction: administrative litigation, administrative review, and letters and visits. It will assess China’s capacity to use law to address chronic abuse of power. It will provide a practical understanding of the changing nature of China’s commitment to the rule of law and the implications for Australia.Read moreRead less
Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental re ....International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental regimes are capable of further development to ensure the continued existence of a safe operating space for humanity.Read moreRead less
The emerging international law of terrorism. This project examines how international law responds to terrorism and critiques the legitimacy and effectiveness of those responses. The project will improve the international community's knowledge about the effective regulation of terrorist violence within a rule of law framework, and identify opportunities for improving international responses.
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
Normalising Ability Diversity through Career Transitions:Disability at Work. This project aims to investigate how the higher education sector can better support people with disabilities to transition from economic exclusion to work. One in five Australians have a disability and of these 47.3% are not employed. This is a significant issue with regulatory failures and challenges often affecting rights to education and work being exercised on an equal basis. This project seeks to examine internatio ....Normalising Ability Diversity through Career Transitions:Disability at Work. This project aims to investigate how the higher education sector can better support people with disabilities to transition from economic exclusion to work. One in five Australians have a disability and of these 47.3% are not employed. This is a significant issue with regulatory failures and challenges often affecting rights to education and work being exercised on an equal basis. This project seeks to examine international legal norms, theories and strategic and operational practices in the higher education sector. Expected outcomes include advances in scholarship on ableism, informed policy reform, and transferable operational processes for the education and employment sectors, to improve the transition of people with disabilities to work.Read moreRead less
Better end-of-life care through an optimal, holistic regulatory framework. This project aims to enhance end-of-life care through better regulation. Current regulation does not work as intended and is complex and fragmented. This harms patients, families and health professionals, and wastes health resources across the 100,000 medical end-of-life decisions in Australia annually. Expected outcomes are: (1) the first study internationally to establish in practice how the interaction of conflicting l ....Better end-of-life care through an optimal, holistic regulatory framework. This project aims to enhance end-of-life care through better regulation. Current regulation does not work as intended and is complex and fragmented. This harms patients, families and health professionals, and wastes health resources across the 100,000 medical end-of-life decisions in Australia annually. Expected outcomes are: (1) the first study internationally to establish in practice how the interaction of conflicting law, policies, ethics and training affects the end-of-life care patients receive; and (2) a new holistic regulatory framework to enhance the quality of end-of-life care. Expected benefits are better palliative care, more patient involvement in decisions, reduced patient-doctor conflict and a more efficient health system.Read moreRead less
Moving with dignity: a human rights approach to slow-onset climate change-related displacement and relocation in the Pacific. At the international, regional and national levels, climate change-related displacement poses a significant challenge to law and policymakers. This project examines potential legal responses to displacement resulting from slow-onset climate change and, in particular, the feasibility of en masse relocation of whole communities in the Pacific.