Fostering Safe Nanotechnology Research Focused on Critical Public Health Problems. This Project builds upon the applicant's unique interdisciplinary research and collaborations to develop an innovative framework for improving occupational health and safety standards of nanotechnology research at the Australian National University and fostering its focus on critical public health problems such as biosecurity, food and water safety, pollution control and equitable access to health technologies.
Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key ....Litigation and Liability as Regulation to Reduce Tobacco Related Harm. The new National Tobacco Strategy, signed in November 2004 by all Australian Governments, explains that successful tobacco control interventions bring major social and economic returns, including healthy and independent ageing, sustainable health care systems, a stronger economy, stronger communities, stronger families, improved indigenous health, and less harm from illicit drugs. The NTS acknowledges that regulation is a key tobacco control intervention. The research will explore and make recommendations about new regulatory approaches that have the capacity to substantially reduce the harm caused by tobacco, and to maximise the social and economic returns of tobacco control to the community. Read moreRead less
A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing ....A study of law reform and its responses to rapid social and community change. This research is designed to assist law reform agencies and other bodies charged with ensuring that the law responds to rapid social change to design and implement best practice modes of responding most effectively both to the changing nature of the legal problems that arise in the 21st century and to the changing constituencies that are affected by them. Through three cases studies: family law reform, laws governing defences to domestic homicide and tort law reform the project will assess the extent to which they are responsive to the concerns of those traditionally excluded from the legal mainstream.Read moreRead less
How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, t ....How just is our criminal justice system? Crime reduction, retribution and their impact on substantive criminal law. The aims of punishment impact dramatically on the substantive criminal law. Although there have been various attempts to develop general theories of criminal responsibility, this is the first study to apply integrated theories of punishment to specific offences, and the analytical structure of the criminal law.
By exploring the tensions between crime reduction and retribution, the project develops a theory of criminalisation; concrete proposals for the reform of core offences, a criminal code and systematic sentencing principles; thereby improving the efficiency, fairness and accountability of the criminal justice system.Read moreRead less
The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and ....The Asylum Seeker in the Legal System: A Comparative and Theoretical Study. Issues about asylum seekers and the legal system in Australia will be brought more prominently before an international audience of lawyers and political scientists. This should generate further collaborative work between scholars in Australia and overseas. The nation will benefit from the publication of a more fully developed theory about the 'rule of law' which tackles fundamental questions of political morality, and the importance of judicial decision-making. It will clarify the important issues, and stimulate discussion of further and better solutions to the issue.Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, socia ....An Australian alternative to Bills of Rights and the promotion of human rights responsibilities. It is important for Australia to have an effective strategy for domestic human rights protection. The project explores one such strategy involving the constitutional adoption of an Australian Charter of Rights that retains and develops exisiting democratic rights and responsibilities and provides incentives to the Parliament to enact comprehensive human rights legislation relating to political, social and economic power.Read moreRead less
Developing a responsive regulatory system for Australia's small corporations. Small corporations employ approximately 50% of Australia's 10.5 million employed persons (ABS: Nov 2007). Promoting and maintaining small corporations is vital to the health of the Australian economy and the well being of society. This research will strengthen Australia's social and economic fabric by identifying, in consultation with regulators, industry leaders, government, the ideal regulatory environment for Aust ....Developing a responsive regulatory system for Australia's small corporations. Small corporations employ approximately 50% of Australia's 10.5 million employed persons (ABS: Nov 2007). Promoting and maintaining small corporations is vital to the health of the Australian economy and the well being of society. This research will strengthen Australia's social and economic fabric by identifying, in consultation with regulators, industry leaders, government, the ideal regulatory environment for Australia's small corporations. A responsive regulatory framework will enable small corporations to conduct business more efficiently and profitably allowing for and creating structures and processes for encouraging and managing innovation creativity in this vital sector.Read moreRead less
Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analy ....Intersections between science and law: the implementation of threatened species legislation in Australia. This project will evaluate the effectiveness of techniques currently used in threatened species legislation in Australia. By combining the skills of experts in law and ecology, we will assess the role of science and scientists in decision-making processes and the extent to which decision-makers apply the precautionary principle when faced with scientific uncertainty. The project will analyse the existing legislative techniques and possible alternatives in the context of the current theoretical debate about the respective advantages of reflexive law (which facilitates self-regulation) and top-down command-and-control regulation.Read moreRead less
Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of ....Building the Rule of Law in International Affairs. Australia has been committed to a rules-based international system since the foundation of the UN and, while recently wavering in practice has remained formally supportive of international law. This is not just a matter of values. As a major trading nation and a middle power, Australia prosperity and security would benefit from a more rules-based international order. This project aims to find practical ways of bolstering and building the rule of law in international affairs. In doing so, this international research involving the UN, a Canadian think tank and UN University's Australian based governance institute will allow Australia to take leadership role in multilateral thinking and action to bolster the international rule of law. Read moreRead less