Mine, yours, theirs, and ours: examining the tension between private and community interests in property. Property is increasingly characterised by a tension between private rights and broader community interests, such as those relating to the environment, heritage and the public cultural domain. This project will create a new understanding of the nature of property which takes into consideration the need to balance community and individual interests.
Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal ca ....Responding to Climate Change: Australia's Environmental Law and Regulatory Framework. Climate change presents Australia with unparalleled sustainability challenges. Impacts on environmental resources will require an integrated legal and socio-economic regulatory response. An effective and adaptable environmental law framework will be crucial for adaptation and mitigation measures. The project addresses this need by undertaking a comprehensive, interdisciplinary evaluation of Australia's legal capacity to respond to climate change, so identifying appropriate governance structures and regulatory tools. This analysis is vital to positioning Australian environmental law to manage climate change impacts and associated social, ecological and economic costs and to ensure compliance with international obligations.Read moreRead less
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.
Special Research Initiatives - Grant ID: SR200201046
Funder
Australian Research Council
Funding Amount
$267,833.00
Summary
An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibit .... An Intergenerational Oral History of the Koori Courts. This intergenerational oral history project aims to capture the creation of the Koori Courts in Victoria: an innovative culturally appropriate response to the overrepresentation of Indigenous people in prisons. The project will capture this significant story while the key players are still with us. Outcomes include: building the capacity of Indigenous researchers, identifying insights into institutional change and creating a touring exhibition providing an accessible record of a turning point in Indigenous, legal and Australian history. Benefits for Indigenous communities and the wider Australian public include showcasing of an inclusive justice system, thereby supporting confidence in the rule of law.
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Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensi ....Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensitive ecosystems.Read moreRead less
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.
Discovery Early Career Researcher Award - Grant ID: DE170101536
Funder
Australian Research Council
Funding Amount
$346,000.00
Summary
Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, ....Regulation and governance for the sustainable management of groundwater. This project aims to manage groundwater through analysing six national and international case studies. Groundwater management in Australia confronts a multi-dimensional crisis stemming from neglect, over-allocations and policy mismanagement. Overcoming this will require a transformation in the regulation and governance of groundwater. The project’s findings are expected to advance regulation and governance empirical theory, normative and applied theory and provide policy solutions for sustainable groundwater management within a pluralistic governance model. This is significant and timely given planned policy reviews in the Murray Darling Basin, the effect of climate change and plans to develop agriculture in Northern Australia.Read moreRead less
A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently ....A legal framework for managing mangrove ecosystem services. This project aims to examine legal and policy challenges, together with expert opinion, to generate a legal framework that recognises and protects the multiple ecosystem services provided by mangroves. Global rates of mangrove loss are of great concern because of the significant ecosystem services they provide in coastal environments. In the Australian context it is important that national and state legal frameworks operate efficiently to manage and protect these valuable resources. The framework developed in this project will be adaptable to provide significant benefits to other fragile ecosystems in Australia.Read moreRead less
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