Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovere ....The Legal Framework for International Cooperation in Maritime Enforcement Activities. The Project will analyse the gaps in the international framework to achieve cooperation in maritime enforcement and make recommendations for improvements to existing legislative arrangements to facilitate successful combat of international maritime criminal activity.The Project is timely because it addresses some long-standing national requirements to improve Australia's ability to adequately enforce its sovereign rights throughout its maritime zones of jurisdiction. The issues involved have taken on a greater contemporary significance in light of recent events, including the surge in illegal people smuggling into Australia, increased illegal fishing activity in Australia's Southern Ocean exclusive economic zone by highly organized criminal syndicates and heightened tensions with regard to maritime terrorism.
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Australian Laureate Fellowships - Grant ID: FL200100007
Funder
Australian Research Council
Funding Amount
$2,634,900.00
Summary
The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches a ....The Financial Data Revolution: Seizing the Benefits, Controlling the Risks. We are at the beginning of a data revolution. This project aims to make Australia’s legal and regulatory systems fit to deal with the utterly transformative rise of data and its algorithmic analysis. The project will identify reforms to laws and regulatory approaches to reap the benefits and limit the major risks of this transformation. The project’s findings will inform law reforms and changes in regulatory approaches and theoretical understandings here and abroad. Findings will underpin reforms which, being largely bipartisan, should enjoy high prospects of implementation. Expected benefits include a substantial lift in economic growth, enhanced cybersecurity, and enhanced protections of consumer and individual rights. Read moreRead less
China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing th ....China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing the way that cross-border economic interactions are governed, and explore the implications of these changes for how power and authority are exercised in the global economy. The project’s findings will equip Australian policymakers, businesses and publics to navigate more astutely the changes that the BRI is advancing.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101127
Funder
Australian Research Council
Funding Amount
$292,251.00
Summary
Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research i ....Cutting red tape around donations: A new model for deductible gifts. This project intends to simplify the categorisation of recipients of tax deductible gifts so that it is easy to give and receive gifts and so gifts go only to those organisations that are in keeping with public policy. Donations cost approximately $1.3 billion annually. It is therefore important that donation is a streamlined process that encourages social pluralism while ensuring there is a good use of public money. Research indicates that the current approach to determining donation deductibility status is complex and out of step with government policy, public discourse and community needs. The proposed framework will be simple, take into account public policy and be adaptable to the community’s changing needs and values.Read moreRead less
Regulating a Revolution: A New Regulatory Model for Digital Finance. This project aims to draw on regulatory developments abroad to develop an innovative, proportional, incremental regulatory regime for Australian digital financial services (DFS). DFS are set to grow rapidly in Australia, just as they have overseas. An effective and appropriate regulatory regime should result in a more competitive and efficient payments system that will lift productivity and economic growth. The project also int ....Regulating a Revolution: A New Regulatory Model for Digital Finance. This project aims to draw on regulatory developments abroad to develop an innovative, proportional, incremental regulatory regime for Australian digital financial services (DFS). DFS are set to grow rapidly in Australia, just as they have overseas. An effective and appropriate regulatory regime should result in a more competitive and efficient payments system that will lift productivity and economic growth. The project also intends to analyse and resolve regulatory roadblocks to the growth of DFS in developing countries to promote financial inclusion and economic growth, and thereby reduce poverty, in such countries.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
1989 and the rule of law revolution. This project explores three elements of the post-1989 worldwide rule of law revolution: constitutionalism, 'dealing with the past', and rule of law promotion. Australia increasingly seeks to promote the rule of law internationally, but these efforts draw on an inadequate base of knowledge and theory. This project work will expand that base.
Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analy ....Debt-for-development Exchanges as a Means to Enhance the Security of Australia and the Region. When Australia currently cancels debts owed to it by poor countries it has little control over how the money saved will be spent. Debt-for-development exchanges offer Australia this control while preserving the sovereignty of the recipient countries. Yet Australia has never undertaken an exchange.
Seven other nations have used this technique effectively to achieve developmental ends. We will analyse their experiences to provide a road map for Australia to use this technique to achieve security-enhancing and developmental outcomes.
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Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This time ....Constitutional change in authoritarian regimes: the case of Myanmar. This project aims to understand how and why constitutions change in authoritarian regimes. After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods including archival research and in-depth interviews, this project expects to investigate why Myanmar's Constitution is both a constraint and an enabler of democratic reform. This timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in south-east Asia and a new market for foreign investment.Read moreRead less