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
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
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
Law And Policy Framework For Remote Sensing In Maritime Enforcement. This project aims to address a gap in national and international law relating to the use of modern technology in fisheries enforcement. It will advance the fight against illegal fishing by developing model legal frameworks to underpin the use of remotely sourced data in fisheries surveillance and enforcement. Expected outcomes include enabling Pacific Island Countries to rely on remotely sourced data to combat illegal fishing, ....Law And Policy Framework For Remote Sensing In Maritime Enforcement. This project aims to address a gap in national and international law relating to the use of modern technology in fisheries enforcement. It will advance the fight against illegal fishing by developing model legal frameworks to underpin the use of remotely sourced data in fisheries surveillance and enforcement. Expected outcomes include enabling Pacific Island Countries to rely on remotely sourced data to combat illegal fishing, conduct enforcement operations and prosecute fisheries offences. This should provide significant benefits, such as reducing the cost of fisheries enforcement, increasing the tools available to combat illegal fishing, and enhancing the capacity of Pacific Island Countries to protect their fisheries and maritime zones.Read moreRead less
Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent ....Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent Australians managed to shape international law during these periods. These outcomes should provide benefits in the form of evidence-based proposals to enhance Australia's capacity to influence the development of international law in times of global transformation. Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100131
Funder
Australian Research Council
Funding Amount
$453,177.00
Summary
Resource Struggles and International Law: Navigating Global Transformations. This project will examine how international law both shapes, and is shaped by, struggles over natural resources in periods of global transformation. It aims generate new knowledge about how international law is used by different actors to assert their authority and power over resources and to secure access to natural resources. Expected outcomes include empirical analyses of three key periods of global transformation in ....Resource Struggles and International Law: Navigating Global Transformations. This project will examine how international law both shapes, and is shaped by, struggles over natural resources in periods of global transformation. It aims generate new knowledge about how international law is used by different actors to assert their authority and power over resources and to secure access to natural resources. Expected outcomes include empirical analyses of three key periods of global transformation in the twentieth century and a socio-legal analysis of how international law is shaping struggles over natural resources during the current transition to a net zero world. This should provide significant benefits by assisting countries to better navigate the current legal, geopolitical and economic transformations. Read moreRead less
The Blue Economy and International Law. States, regional bodies and international financial institutions are seeking new economic opportunities from the sea. Both national and globally-shared ocean resources are marked for the pandemic recovery amidst escalating threats including marine plastics pollution, climate change and overfishing. The Blue Economy promises to deliver growth that aligns with environmental and human welfare goals. This project aims to provide the first detailed analysis of ....The Blue Economy and International Law. States, regional bodies and international financial institutions are seeking new economic opportunities from the sea. Both national and globally-shared ocean resources are marked for the pandemic recovery amidst escalating threats including marine plastics pollution, climate change and overfishing. The Blue Economy promises to deliver growth that aligns with environmental and human welfare goals. This project aims to provide the first detailed analysis of the laws and practices relating to the Blue Economy. It will investigate treaties and other instruments from trade, development, fisheries, climate and environmental organisations. The findings will provide guidance to Australia, the Indo-Pacific region and the international community.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100454
Funder
Australian Research Council
Funding Amount
$419,300.00
Summary
A Made in Australia Model for Indigenous-State Treaty-Making. This project aims to address the key public law issues that must be resolved for the negotiation of treaties between Aboriginal and Torres Strait Islander communities and Australian governments. This project expects to generate new knowledge about the legal, political, institutional, and other factors behind successful treaty-making in the comparative states of Canada and New Zealand and the legal capacity of Australian governments t ....A Made in Australia Model for Indigenous-State Treaty-Making. This project aims to address the key public law issues that must be resolved for the negotiation of treaties between Aboriginal and Torres Strait Islander communities and Australian governments. This project expects to generate new knowledge about the legal, political, institutional, and other factors behind successful treaty-making in the comparative states of Canada and New Zealand and the legal capacity of Australian governments to engage in treaty-making. Expected outcomes of this project include the development of uniquely innovative and flexible ‘made in Australia’ models of treaty-making that are constitutionally viable. This should provide significant benefits, such as improving the likelihood of successful treaty processes.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE240100562
Funder
Australian Research Council
Funding Amount
$413,974.00
Summary
International virus regulation: a novel legal framework. COVID-19 highlighted the fragmented and poorly defined state of international virus regulation. This project aims to investigate the range of international institutions, structures, laws and stakeholders that regulate virus samples and viral genetic sequence data. The project expects to generate a comprehensive understanding of the international legal landscape and will recommend reforms to create a cohesive approach to international virus ....International virus regulation: a novel legal framework. COVID-19 highlighted the fragmented and poorly defined state of international virus regulation. This project aims to investigate the range of international institutions, structures, laws and stakeholders that regulate virus samples and viral genetic sequence data. The project expects to generate a comprehensive understanding of the international legal landscape and will recommend reforms to create a cohesive approach to international virus regulation. Expected outcomes include a robust legal framework to help stakeholders navigate the complex web of international laws about viruses. Benefits include improved access to viruses and viral genetic sequence data for scientists and the more equitable dissemination of the results of virus R&D.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL230100011
Funder
Australian Research Council
Funding Amount
$3,146,592.00
Summary
Evacuations in International Law: Disasters, Conflict & Humanitarian Crises. As contemporary crises intersect and compound, increasing numbers of people are seeking to escape the impacts of disasters, climate change, conflict and other emergencies. In such contexts, evacuations can be a life-saving tool to move people away from imminent harm. But they can also displace people, often for prolonged periods, and at great social, economic and personal cost. This timely and innovative program will tr ....Evacuations in International Law: Disasters, Conflict & Humanitarian Crises. As contemporary crises intersect and compound, increasing numbers of people are seeking to escape the impacts of disasters, climate change, conflict and other emergencies. In such contexts, evacuations can be a life-saving tool to move people away from imminent harm. But they can also displace people, often for prolonged periods, and at great social, economic and personal cost. This timely and innovative program will transform how we conceive of, implement and evaluate evacuations as a form of rescue in international law and practice. This new field of scholarly inquiry will generate transformative legal and policy reform to safeguard the rights of evacuees, thereby enhancing the protection of millions of people worldwide.Read moreRead less