A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a tran ....A Conceptual History of War Crimes Trials. Promoting justice around the globe is an end in itself as well as a means of avoiding the sort of mass social disruption that threatens the global commonwealth (and, therefore, Australia). It is imperative that this system be exposed to a critical historical analysis. The project will clarify precisely what is at stake in Australia's long commitment to war crimes law and establish Australia as a global centre for international criminal justice at a transformative moment in the history of the international legal order. The specific aim is to write an intellectual history of international law's encounter with the problem of evil and the possibility of rehabilitation and redemption through criminal trial. Read moreRead less
Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to acce ....Terrorism and the non-State actor after September 11: The role of law in the search for security. September 11 elicited diverse legal responses to a perceived threat of unprecedented global terrorism. This project will redress the dearth of analysis integrating legal and social-scientific perspectives on recent anti-terrorism laws. Combining perspectives from international and criminal law, criminology and social psychology, the project will explore the challenges these developments pose to accepted legal categories; debates around exceptionalism as a justification for new laws; their unintended and collateral consequences; and public attitudes to new security measures. The research will enhance understanding of current reactions to terrorism and inform policy analysis and public debate over appropriate future responses.
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Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and a ....Morality, Jus Post Bellum, and International Law. One of the primary aims of this project is to bring scholars of the Just War tradition in political philosophy and political theory into dialogue with international legal theorists and practitioners in order to build a set of clear normative principles to guide decisions concerning compensation, reconstruction, and restoration of peace and justice as well as whether and when to offer amnesties, within societies that have been ravaged by war and armed conflict. As a result, this project has the potential to provide much needed tools for the arbitration of challenging transitional issues of relevance to the post war conduct of the Australian government and military forces.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France a ....Fair Procedures for Refugee Status Determinations. Australia, and other Western countries are experiencing an upsurge in the number of persons seeking refugee status. This project will answer the call of a recent Senate Legal and Constitutional Affairs Committee for an urgent independent review to determine which procedures will best achieve accurate outcomes for refugee (asylum) applicants. The study will compare procedures and standards in Australia, Canada, the UK, USA, Germany and France and propose acceptable benchmarks and standards for cost effective and socially cohesive procedures within Australia and internationally. As a result of this research Australia is anticipated to play a leading role in the implementation of global solutions to this issue.Read moreRead less
Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are res ....Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are resolved for Australia's benefit. Through the development of a comprehensive and integrated framework for deciding on resort to litigation, this project will enhance Australia's relationships with neighbouring states and allies through successful use of dispute settlement techniques in relation to issues of economic, social and security importance to Australia.Read moreRead less
The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia ....The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia can more effectively safeguard the human rights of asylum-seekers and others affected by its regional border control cooperation. The results of this study will enhance the capacity of policy makers to deal with mixed flows of irregular migrants and asylum-seekers consistently with human rights and thus Australia's ability to play a positive leadership role in its region.Read moreRead less
Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migra ....Law, Governance and Regulation of Intra-regional Labour Migration in South East Asia: An Agenda for Protection and Development. Safe and effective labour migration in the South East Asian region contributes to the prosperity, security and stability of the region and of Australia's trading partners. This project will contribute to safeguarding Australia by improving our legal and policy responses to people movement and by tackling the problem of transnational crime associated with irregular migration (smuggling) and trafficking. The project will enhance Australia's reputation, leadership and influence in the South East Asian region and will lead to economic and social benefits for Australia through strengthening co-operative relationships and improved prosperity in the region. Read moreRead less
The Future of Oceans Governance in Polar Areas. Australia has a compelling national interest in maintaining its sovereignty and security in the Antarctic. Australian government goals include maintaining the Antarctic Treaty System (ATS); enhancing Australia's influence within the system; protecting the Antarctic environment; understanding the role of Antarctica in the global climate system; and undertaking scientific work of practical, economic and national significance. This project directly ad ....The Future of Oceans Governance in Polar Areas. Australia has a compelling national interest in maintaining its sovereignty and security in the Antarctic. Australian government goals include maintaining the Antarctic Treaty System (ATS); enhancing Australia's influence within the system; protecting the Antarctic environment; understanding the role of Antarctica in the global climate system; and undertaking scientific work of practical, economic and national significance. This project directly addresses national research priorities through analysis of oceans governance issues that centre on Australian interests. This project will also contribute to national benefit by focusing on issues central to the International Polar Year.Read moreRead less
The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and pub ....The High Court of Australia's International Impact and Engagement - Enhancing Judicial Accountability and Australia's Place in International Law. This project on the Australian High Court's engagement with the international community enhances Australian and international understanding of how national and international judicial systems interact, especially in important areas of national protection, democratic government, and human rights. It advances scholarly, governmental, professional, and public knowledge of the Court's contribution as a governmental organ to international justice in the 21st century. This improves judicial accountability, enhances Australia's international legal reputation, and meets the government's stated commitment to promoting justice and human rights internationally. The project produces public web-based resources and promotes national research priorities.Read moreRead less