Australian Laureate Fellowships - Grant ID: FL160100136
Funder
Australian Research Council
Funding Amount
$2,841,908.00
Summary
Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of const ....Balancing diversity and social cohesion in democratic constitutions. Balancing diversity and social cohesion in democratic constitutions. This fellowship project aims to address the need to reconcile the tensions between the pursuit of diversity and the promotion of social cohesion. This critical problem becomes increasingly urgent as nations grapple with the challenges of highly diverse multi-cultural societies. The project aims to build a team of researchers who draw on the experience of constitutionalism throughout the world to investigate how Constitutions, in their design and in their application, can unify while nurturing the diversity appropriate for a complex, modern society. This project is intended to help governments, judiciaries and the public resolve intense controversies over ideals.Read moreRead less
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and ....Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and constitutionalism, while working to subvert such principles. The project will focus on what ‘new populists’ do with power once they have it, what the consequences are for a global view of democracy, and on informing Australia’s geopolitical engagement with such regimes.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210100525
Funder
Australian Research Council
Funding Amount
$421,625.00
Summary
Reconceptualising copyright to improve access to screen culture . This project examines the impact of copyright law in Australia’s screen industries, focusing on distribution and access to audiovisual material. It seeks to understand how copyright law and practice can better ensure that the wealth of humankind’s recorded creative output is available for people to enjoy, learn from, and reuse. It combines novel digital research methods with in-depth interviews to study the challenges of licensing ....Reconceptualising copyright to improve access to screen culture . This project examines the impact of copyright law in Australia’s screen industries, focusing on distribution and access to audiovisual material. It seeks to understand how copyright law and practice can better ensure that the wealth of humankind’s recorded creative output is available for people to enjoy, learn from, and reuse. It combines novel digital research methods with in-depth interviews to study the challenges of licensing and distribution in the screen industries, where copyright is at its most complex. It aims to provide rigorous evidence to inform the development of technology-neutral regulation for Australia's copyright industries, improve copyright licensing markets, and unlock the value of under-distributed screen content.Read moreRead less
Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and commu ....Local responses to missing persons and post-conflict peacebuilding . This project aims to fundamentally reshape dominant thinking on the problem of missing persons in post-conflict peacebuilding. Through the first large-scale comparative ethnography of Timor-Leste and Sri Lanka, the research will bring local community approaches, needs and practices around the missing in from the margins to the centre of scholarly analysis and practice. Outcomes include new knowledge about local agency and community understandings of the missing that are relevant to peacebuilding, and enhanced collaborations with scholars and policymakers. Expected benefits include improved international, state and NGO responses to missing persons to meet the needs of families and communities and facilitate sustainable peace after conflict.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
Regulating and countering structural inequality on digital platforms. This project aims to find legal, ethical, technical, and commercial opportunities to counter inequality online. It uses machine learning and custom data collection tools to create new knowledge about how digital platforms—including search engines, social media, peer economy, and news platforms—can help to tackle misogyny, racism, and other forms of structural discrimination. It uses this knowledge to investigate the extent to ....Regulating and countering structural inequality on digital platforms. This project aims to find legal, ethical, technical, and commercial opportunities to counter inequality online. It uses machine learning and custom data collection tools to create new knowledge about how digital platforms—including search engines, social media, peer economy, and news platforms—can help to tackle misogyny, racism, and other forms of structural discrimination. It uses this knowledge to investigate the extent to which private sector digital platforms can be expected to monitor and regulate the actions of their users, what responsibilities they have to avoid contributing to discrimination, hatred, intolerance and abuse, and how the law should develop to ensure that our digital environment is more equal and fair. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101486
Funder
Australian Research Council
Funding Amount
$429,936.00
Summary
Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era re ....Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era reproductive crimes, to be made available on a public database that will shed light on this largely overlooked aspect of Cambodian history. Other expected outcomes include formulating new strategies for prosecuting reproductive crimes in international courts, thus contributing to the global push for gender justice.Read moreRead less
Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to ....Reimagining Judging in International Criminal Courts: A Gendered Approach. This project focuses on a significant gap in International Criminal Court research: the contribution of judges to the ICCs poor conviction record for sexual and gender-based (SGB) crimes and their application of gender-sensitive judging in general. Significantly, it aims to provide new knowledge for judges, legal experts, and scholars to improve accountability for SGB crimes and for adopting a gender-sensitive approach to adjudication. Drawing on judicial interviews and on national court analysis, it will produce a groundbreaking book reimagining ICC cases through a feminist judgement approach and a provide valuable online toolbox for judges and academics. It will advance Australia's commitment to gender justice internationally.
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Discovery Early Career Researcher Award - Grant ID: DE200100483
Funder
Australian Research Council
Funding Amount
$424,309.00
Summary
Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to ind ....Digital Mental Health Care and the Law. ‘Digital mental health care’ is advancing rapidly in Australia, outpacing legal regulation. This project aims to provide new understanding of the medico-legal issues and develop a nuanced set of principles to guide legal frameworks for digital mental health technologies. The project will expand Australia’s knowledge of digital modalities in mental health care to optimise support services, protect patient privacy, uphold user safety and minimise risk to individuals and communities. The research is expected to improve mental health care by assisting people with mental health conditions, health practitioners, government agencies, courts and the broader public to use digital mental health technologies safely and effectively.Read moreRead less