Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing ....Lawyers, Civil Society and the State in Post-colonial Malaysia. This study investigates how Malaysian lawyers have mobilized to defend core legal values in response to key political events in Malaysian history. It will contribute to Australian understanding of civil society and the rule of law in our regional neighbour and build bridges between Malaysian and Australian lawyers and scholars. The development of deeper respect for the rule of law in this region plays an important role in increasing regional stability and creating a safe and more predictable environment. Understanding the role that lawyers play in this process is a vital component of regional security.Read moreRead less
Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in inte ....Re-envisioning sovereignty and nationhood in the contemporary international context. There are few issues more important to any nation than the nature of its nationhood. States have been the principal actors in international relations. But traditional notions of state sovereignty are under challenge by human rights and refugee issues and from the controls needed to manage communicable diseases, environmental degradation, terrorism, and international crime. Australia actively participates in interventions, alliances and treaty making that sometimes support and sometimes undermine sovereignty. This project will assist Australia in its dealings with the world by building a new interdisciplinary model of sovereignty that resolves conceptual confusions and assists us in dealing with the international problems that we face.Read moreRead less
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
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
Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national co ....Allegiance and citizenship in Australian law and history. This project aims to identify a coherent and stable concept of allegiance in Australian law. Allegiance lies at the heart of Australia’s citizenship law, but Australia does not have a clear legal definition of allegiance. It is the historical key to holding or losing citizenship, and the constitutional criterion for distinguishing between citizens and aliens. Conceptions of allegiance can affect individuals, conceptions of the national community, and policies of multiculturalism and minority rights. This project will trace and interpret references to allegiance and citizenship in Australian jurisprudence, case law, legislation, executive decisions and policy. The project aims to help the public understand the rules governing membership of the Australian community.Read moreRead less
Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically ....Who is Law For? An Analysis of the Nature of the Legal Being. The project will provide the first contemporary comprehensive scholarly treatise on "the legal person" as this legal concept applies to natural beings and objects: from rational humans, to human foetuses to animals to trees. It will have a direct bearing on legal decision-making in some of the most sensitive and controversial areas of law and therefore will have a highly practical legal application. For example, the project critically evaluates the legal status of the embryo and so will be of immediate interest to national and international law reformers considering the legality of the new reproductive technologies, cloning and embryonic stem cell research.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE120100062
Funder
Australian Research Council
Funding Amount
$330,000.00
Summary
The Australasian Legal History Library: Creating historical depth in legal data on AustLII, to improve all legal research. The Australasian Legal History Library, to be located for free access on AustLII, will provide comprehensive legislation and case law from all colonies (subsequently Australian States, Territories or New Zealand) up to 1950. Its citator will show how these historical materials are used in current legal decisions. It will be a revolution for legal history research.
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.
Discovery Early Career Researcher Award - Grant ID: DE160100314
Funder
Australian Research Council
Funding Amount
$337,000.00
Summary
International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three ....International Law and the Legacies of Fascist Internationalism. The project has three aims: to uncover and elaborate the fascist approach to international law that developed in inter-war Italy; to generate new comparative and interdisciplinary analyses of fascist internationalism; and to use this archival and comparative research to shed light on the contemporary global order and in particular its logic of violence, hierarchy and expansion. The project aims to improve our understanding of three interrelated phenomena of concern to Australia and globally: intensifying migration flows, increasing economic uncertainty, and the resurgent far right. It may provide a historical and legal framework for national and international responses to these phenomena and clarify the long-term structural consequences of military and financial interventions in the developing world.Read moreRead less
Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms ....Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms. Its significance lies in its interdisciplinary and innovative investigation of long-standing problems of contemporary copyright law at the intersection of the visual and digtal domains. It will have impact on law reform and policy development, with benefits for visual artists, collecting institutions and the public.Read moreRead less