Maritime legal practice and policy in the Indian Ocean and Arabian Gulf: synergies and challenges for Australian trade and security. The project will analyse national practice relating to maritime claims and jurisdiction in the Indian Ocean and Arabian Gulf. It will identify areas of instability in the region that may pose a threat to freedom of international navigation and trade.
Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses ....Australia's Response to Trafficking in Women: Towards A Model for the Regulation of Forced Migration in the Asia-Pacific Region. The problem of trafficking in persons and issues of forced migration in the Asia-Pacific region are matters of national concern as they involve the security of the nation and the prevention of organised transnational crime. This project will contribute to the safeguarding of Australia by improving our understanding of the nature of the problem and what legal responses work best in combating trafficking. By specifically focussing on the gaps in the existing law, practice and policy, the project will enable Australia to be a major international leader in this important field.Read moreRead less
Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and ....Contemporary populism and constitutional democracy. This project aims to explain and evaluate constitutional populism, or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones. The project will identify, reconstruct, and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. It will examine whether they respect the forms of democracy, or just pay lip service to, for example, principles of the rule of law and constitutionalism, while working to subvert such principles. The project will focus on what ‘new populists’ do with power once they have it, what the consequences are for a global view of democracy, and on informing Australia’s geopolitical engagement with such regimes.Read moreRead less
Regulating a Revolution: A New Regulatory Model for Digital Finance. This project aims to draw on regulatory developments abroad to develop an innovative, proportional, incremental regulatory regime for Australian digital financial services (DFS). DFS are set to grow rapidly in Australia, just as they have overseas. An effective and appropriate regulatory regime should result in a more competitive and efficient payments system that will lift productivity and economic growth. The project also int ....Regulating a Revolution: A New Regulatory Model for Digital Finance. This project aims to draw on regulatory developments abroad to develop an innovative, proportional, incremental regulatory regime for Australian digital financial services (DFS). DFS are set to grow rapidly in Australia, just as they have overseas. An effective and appropriate regulatory regime should result in a more competitive and efficient payments system that will lift productivity and economic growth. The project also intends to analyse and resolve regulatory roadblocks to the growth of DFS in developing countries to promote financial inclusion and economic growth, and thereby reduce poverty, in such countries.Read moreRead less
Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful prot ....Executive Power under the Australian Constitution: definition, delimitation and accountability. The executive branch of government is the central actor in protecting Australia from terrorism and crime, as it is in other countries. The executive is also central to defence, immigration control as well as critical domestic policy domains. Understanding the nature and scope of executive power, and how it is regulated and rendered accountable, is therefore vital to good governance and successful protection of Australian interests. This project will provide the first integrated, broadly-based and comparatively-informed analysis of executive government under the Constitution since the emergence of Australian constitutional nationalism in the High Court in the 1990s and since the executive assumed expanded powers in the post 9/11 world.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
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
Indonesia's refugee policies: responsibility, security and regionalism. This project aims to analyse the formulation and implementation of Indonesia’s laws and policy on refugees and asylum seekers. By utilising original empirical research the project aims to understand better the ‘Indonesian state’, its perceptions and responses to these issues nationally and regionally, and under the bilateral relationship with Australia. The project utilises concepts of responsibility, security and regionalis ....Indonesia's refugee policies: responsibility, security and regionalism. This project aims to analyse the formulation and implementation of Indonesia’s laws and policy on refugees and asylum seekers. By utilising original empirical research the project aims to understand better the ‘Indonesian state’, its perceptions and responses to these issues nationally and regionally, and under the bilateral relationship with Australia. The project utilises concepts of responsibility, security and regionalism to generate new knowledge in the areas of refugee protection, human security and regionalism in Southeast Asia. Expected benefits are strengthened institutional collaboration with Indonesian academics and policy-makers and fresh thinking on responsible regional solutions for refugee protection.Read moreRead less
The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new ....The end of Westphalia? Re-envisioning Sovereignty. This initial project aims to undertake a systematic re-evaluation of state sovereignty. In doing so, we seek to reconceptualise the meaning of sovereignty, how that meaning has changed over time according to a variety of historical conditions, and the implications of this for traditional Westphalian conceptions during a time when state authority is increasingly challenged by an array of new actors. The broader project will then build on the new possibilities for the evolution of sovereignty, first by suggesting necessary changes to existing legal and political institutions, and secondly by offering practical policy recommendations for states.Read moreRead less
A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet ....A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet.Read moreRead less