Discovery Early Career Researcher Award - Grant ID: DE120100694
Funder
Australian Research Council
Funding Amount
$375,000.00
Summary
Effective systems for managing intractable natural resource use conflict. This project aims to understand the role of the law as an actor in disputes over the exploration and exploitation of natural resources. It will examine how patterns of conflict over natural resources develop, advancing knowledge of dispute resolution approaches that account for the influence of legal structures and dynamics upon conflict.
Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates an ....Producing, managing and owning knowledge in the 21st century university. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates another layer of regulation. Navigating this terrain is the responsibility of every academic and manager, but it is a complex, incoherent framework. Mapping it with an eye toward harmonization and coherence will better advance public goals, in particular improve access to research for impact and engagement.Read moreRead less
Compliance and enforcement of non-urban water extraction in New South Wales. This project will examine the compliance and enforcement practices of regulators and regulated communities in the water context. Results will provide legal and policy guidance to reshape compliance and enforcement strategies to effectively and efficiently enhance the legitimacy of water law, protect water resources and prevent overuse.
Garuwanga: Forming a Competent Authority to protect Indigenous knowledge. Garuwanga: Forming a Competent Authority to protect Indigenous knowledge. This project will work with the Aboriginal Community to identify, evaluate and recommend an appropriate Competent Authority legal structure so Australia can meet the requirements of the Nagoya Protocol. This Protocol calls for a Competent Authority to govern and administer a legal framework that ensures Indigenous communities’ informed consent is obt ....Garuwanga: Forming a Competent Authority to protect Indigenous knowledge. Garuwanga: Forming a Competent Authority to protect Indigenous knowledge. This project will work with the Aboriginal Community to identify, evaluate and recommend an appropriate Competent Authority legal structure so Australia can meet the requirements of the Nagoya Protocol. This Protocol calls for a Competent Authority to govern and administer a legal framework that ensures Indigenous communities’ informed consent is obtained for access to their traditional knowledge, and that establishes fair and equitable benefit-sharing mechanisms for use of that knowledge. This project will work with the Indigenous community to address concerns over the form, independence and funding of the Authority so Indigenous knowledge and culture can be protected and shared.Read moreRead less
Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's cr ....Cultural Collections, Creators and Copyright: Museums, Galleries, Libraries and Archives and Australia's Digital Heritage. This project investigates current and emerging ways of using digital collections in museums, galleries, libraries and archives, in light of copyright law and the interests of creators. It serves the strong public interest in facilitating digital access to collections while efficiently managing copyright. Exploiting the potential of digital media and maximising Australia's creative capability both depend on providing adequate incentives for content production while granting access to creative material as a resource for new production. The project will assist Australia better manage its digital cultural collections and balance the interests of creators, institutions and public accessibility.Read moreRead less
A study of work stress, workplace culture and wellbeing programs for lawyers and support staff. Work stress and mental health issues are now recognised as a serious problem among Australian lawyers. This project examines the drivers of work stress in a large public sector legal service organisation and identifies the most effective workplace interventions for promoting mental health and wellbeing among legal service providers.
Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and sc ....Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and scope of this problem of abusive constitutional change, as well as potential solutions through constitutional design. It will offer new theoretical insights for the field of comparative constitutional studies, and practical insights for policymakers in Australia and globally.Read moreRead less
The Subversion of Contemporary Performance-Based Pay - A Comparative Australian-US Study. The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performan ....The Subversion of Contemporary Performance-Based Pay - A Comparative Australian-US Study. The key national benefit from the project will be the development of a more informed basis for analysing, and making policy and regulatory decisions about executive remuneration, which is a matter of great community concern in Australia. The project will assess key provisions in Australian and US executive contracts, providing important comparative information about the structure and operation of performance-based pay schemes. The project will also examine whether systemic problems exist in executive remuneration, The results will assist policy analysts in identifying directions for legal reform, to address problems of non-alignment of interests in executive remuneration, thereby achieving fairer outcomes. Read moreRead less
Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare ....Landlords, Tenants and Access to Justice: A Longitudinal Study of Residential Tenancies Disputes. The proposed research will compare the strikingly different justice regimes governing residential tenancy disputes over the last 3 decades in New South Wales. These regimes have ranged from the exclusively formal, or court-based, to a hybrid model (with some matters resolved by tribunals, others by the courts) and finally to an almost exclusively tribunal-governed system. This study seeks to compare the effectiveness of these various regimes in delivering justice to all parties. No such study has been conducted in Australia, and the results will provide a basis for informed decision on whether the latest model should remain the preferred one in a sector of the housing market catering for more than 25% of the population of NSW, a large proportion of whom are disadvantaged.Read moreRead less
Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. ....Entertainment rights in the age of the franchise: a reappraisal of personality rights under Australian intellectual property laws. Global entertainment industry practice is to assert broad rights in creative entertainment concepts and characters. There is huge global merchandising potential for cultural products, as demonstrated by The Wiggles, Harry Potter and Pokemon. In the US, the UK, Japan and Korea there have been developments to enhance the protection of character and personality rights. However there is no current study of the status of the entertainment franchise under Australian intellectual property law. With Australian imports of cultural products at an all-time high and with local productions increasingly geared towards worldwide audiences, this study critically evaluates how Australian law fits with the realities of the global entertainment marketplace.Read moreRead less