The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new ....The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new possibilities for the evolution of sovereignty, first by suggesting necessary changes to existing legal and political institutions, and secondly by offering practical policy recommendations for states.Read moreRead less
Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in inte ....Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in interventions, alliances and treaty making that sometimes support and sometimes undermine sovereignty. This project will assist Australia in its dealings with the world by building a new interdisciplinary model of sovereignty that resolves conceptual confusions and assists us in dealing with the international problems that we face.Read moreRead less
Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair W ....Protected Action Ballots and Protected Industrial Action under the Fair Work Act: The Impact of Ballot Procedures on Enterprise Bargaining Processes. Under the Fair Work Act 2009 (Cth), lawful industrial action may be taken by employees in support of collective bargaining, provided that they have first authorised the action in a secret ballot. This research project explores the effect of the statutory process by which a bargaining representative of such employees seeks permission from the Fair Work Commission to conduct a ballot. It will examine the impact of the ballot requirement and statutory process on decision-making by bargaining representatives and subsequent employee access to industrial action in order to understand the effect of the regulatory scheme on enterprise bargaining behaviour. It is the first empirical study of strike ballots, analysing an important public policy area.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE150100425
Funder
Australian Research Council
Funding Amount
$372,260.00
Summary
Contract Law in Australian and Chinese Courts: A Comparative Study. Contract law provides an essential legal framework for every business transaction. However there are fundamental differences between the contract law of Australia and that of its biggest trade partner, China. This project aims to compare Australia and China’s different judicial solutions to shared real-life contract problems. The findings, it is hoped, will facilitate mutual understanding and economic competitiveness, produce re ....Contract Law in Australian and Chinese Courts: A Comparative Study. Contract law provides an essential legal framework for every business transaction. However there are fundamental differences between the contract law of Australia and that of its biggest trade partner, China. This project aims to compare Australia and China’s different judicial solutions to shared real-life contract problems. The findings, it is hoped, will facilitate mutual understanding and economic competitiveness, produce reflections and advice on the reform of Australian contract law, assist in businesses' contract drafting, and provide Australian courts and government agencies with information critical to decision-making in the context of trade relations with China.Read moreRead less
'Trading' Women's Rights in Transitions: Designing Diplomatic Interventions in Afghanistan and Myanmar. This project aims to examine the link between diplomatic negotiations and their impact on the shifting status of women during times of deep political change. It will assess three key areas of international diplomatic negotiations around peace agreements, aid, and security sector reform and assess how these negotiations affected women's status on the ground. It will seek to design approaches to ....'Trading' Women's Rights in Transitions: Designing Diplomatic Interventions in Afghanistan and Myanmar. This project aims to examine the link between diplomatic negotiations and their impact on the shifting status of women during times of deep political change. It will assess three key areas of international diplomatic negotiations around peace agreements, aid, and security sector reform and assess how these negotiations affected women's status on the ground. It will seek to design approaches to diplomatic interventions that may be more cognisant of gendered impacts and aim to benefit women.Read moreRead less
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
Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of ....Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of law in international affairs. In doing so, this international research involving the UN, a Canadian think tank and UN University's Australian based governance institute will allow Australia to take leadership role in multilateral thinking and action to bolster the international rule of law. Read moreRead less
Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and bus ....Conceiving and Implementing National Integrity Systems Assessments (NISA). Integrity and corruption are conceptually linked opposites. Integrity systems (or 'ethics regimes') are the most powerful tools for dealing with corruption. They involve a range of institutions, law, procedures, practices and attitudes which encourage integrity and discourage/sanction its absence among public servants and those who might wish to corrupt them. This project will examine the way Australian government and business integrity systems (some of which have received international praise for their design and conception) function in order to improve their operation in Australia and to provide examples for other countries.Read moreRead less
Commercial risk management in the health environment: exploring the legal and ethical boundaries of consent in genetic diagnostic research. There is little empirical research on consent in clinical research, particularly genetic diagnostic testing, despite its key significance to risk management in medical research practice. This study analyses consent procedures of clinicians and researchers for individual research participants. Key clinicians and Laboratory Heads engaged in genetic diagnostic ....Commercial risk management in the health environment: exploring the legal and ethical boundaries of consent in genetic diagnostic research. There is little empirical research on consent in clinical research, particularly genetic diagnostic testing, despite its key significance to risk management in medical research practice. This study analyses consent procedures of clinicians and researchers for individual research participants. Key clinicians and Laboratory Heads engaged in genetic diagnostic research will be interviewed and consent forms assessed. This will produce identification of trends in consent procedures and baseline information for national studies. The significance is the priority accorded genetic research, the need for adequate risk management in that context and development of optimal consent procedures and policy at State and National levels.Read moreRead less
Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenz ....Legal and Ethical Preparedness for Pandemic Influenza. Over 40 million people in the world died in the 1918 Influenza pandemic. Any repetition could have devastating social and economic costs for Australia and the Region. Community confidence in quarantine or other restrictions in the medical management of pandemics depends on balancing protection of public health against the rights of citizens to go about their work and daily lives. By studying the adequacy of existing human pandemic influenza planning in Australia and the Asian region, this project will contribute to law reform and policy development needed to command community confidence in the ethical and public policy balances embodied in national pandemic plans, and the laws and practices which support them.Read moreRead less