The Limits of maritime jurisdiction: overcoming uncertainties and safeguarding Australia's interests. Research on the definition of baselines along Australia's long, complex and dynamic coastline will assist in the stable definition of the limits of its vast maritime claims. Allied to research on key oceans governance and maritime security challenges, the research will help to safeguard Australia's significant and growing marine resource interests.
The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of th ....The World Trade Organization and Human Rights. The expansion of a liberalised trade regime has special importance for a trade-dependent small economy such as that of Australia. Yet this process within the WTO, particularly after the Cancun Ministerial meeting, has stalled. This inertia has in part been caused by tensions arising from the WTO/human rights debate. There is therefore an urgent need for cutting edge, thorough, balanced research on that topic. Furthermore, the investigation of the attitudes of Australia's neighbours to the human rights/trade debate will aid friendly relations and contribute to the promotion of global security, which is enhanced by the promotion of a just global economic system. Australia also benefits by being a world leader in this crucial debate. Read moreRead less
Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domesti ....Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domestic legislation. The project will also provide the first socio-legal account of the WTO Dispute Resolution Body and the interpretive methodologies it employs for interpreting TRIPS. The project will also provide a jurisprudential account that promotes formally and substantively just dispute resolution outcomes.Read moreRead less
International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, le ....International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, legal concepts and sectors, this project reconceptualises the fields of international trade and investment law in order to maximise their coherence. By providing a framework for reform of existing treaties and negotiation of future treaties, the project offers concrete benefits for government and industry through increased consistency and predictability.Read moreRead less
Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative ....Restorative Justice and Responsive Regulation. The objective of this research is through a series of projects to bring the autor's restorative justice and responsive regulatin research programs of the last decade together, to intergrate them. this means to bear a restorative and responsive approach to transforming the entire legal system, not just criminal or regulatory law/administration. hwever, it does also mean reforming criminological theory with regulatory theory and applying restorative justice to business regulation, as well as tort, tax, contract and all areas of law.Read moreRead less
Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The ....Intellectual Property enforcement and awareness building in China, Thailand and Indonesia. As a country with a significant intellectual property industry, Australia has a strong interest in intellectual property protection and enforcement. Australia has also an interest in reducing the amount of infringing material that is brought into the country. Apart from border control mechanisms, an obvious way to achieve this is to strengthen enforcement in the originating countries of this material. The project will inform the Australian government with regards to policy making for this area and facilitate the planning of effective cooperation programs with Asian countries. Read moreRead less
Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking prot ....Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking protection for what appear to be grape varieties rather than geographical indications. Expected outcomes include evidence-based recommendations to government and industry. Project outcomes should benefit Australian economic interests by enhancing Australia’s ability to resist spurious geographical indication claims.Read moreRead less
Revisiting Australia’s preferential trade agreements and bilateral investment treaties to safeguard regulatory autonomy. This project critically evaluates Australia’s free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.
Venture capital (VC) and tax expenditure programs - an international comparative analysis of legal structures and benefits. VC investment is an important catalyst for economic growth. Many governments, including the Australian government, have designed schemes to encourage VC investment. This project compares VC schemes that exist in OECD and ASEAN countries. It will focus on "tax expenditure programs" and will analyse their legal structures and benefits. The results will be used to benchmark Au ....Venture capital (VC) and tax expenditure programs - an international comparative analysis of legal structures and benefits. VC investment is an important catalyst for economic growth. Many governments, including the Australian government, have designed schemes to encourage VC investment. This project compares VC schemes that exist in OECD and ASEAN countries. It will focus on "tax expenditure programs" and will analyse their legal structures and benefits. The results will be used to benchmark Australia's main VC schemes - the "PDF program" and "VCLP scheme". The research is designed to discover insights into alternative ways of stimulating VC investment as well as suggest areas for potential law reform and structural change. Findings will be published in refereed journal articles and an independent report provided to the Australian Government.Read moreRead less
Gender Inequities in Health Research: Towards a New Regulatory Framework. This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by enco ....Gender Inequities in Health Research: Towards a New Regulatory Framework. This project will benefit Australian women by identifying better and fairer ways for the legal system to ensure that health research performed in Australia provides meaningful information about the significance of new health treatments for Australian women. The research undertaken in this project will make recommendations for the development of Australian laws and policies that will promote and maintain good health by encouraging equal participation of men and women in health research and analysis by gender of research results. This is particularly important given the ageing of the Australian population and the greater longevity of women compared to men.Read moreRead less