Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL210100133
Funder
Australian Research Council
Funding Amount
$3,192,357.00
Summary
The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and i ....The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and institutions to remedy the current imbalance. This project, and the new generation of researchers it will train, will enhance Australia’s capacity to hold global corporations to democratic standards, legal accountability and taxation, and establish Australia as a world leader in maintaining that balance going forward.Read moreRead less
Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged f ....Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged from the international legal order, and evidence-based recommendations to increase committed engagement by states with that order. Anticipated benefits include expanding national research and policy capacity in reinforcing the rules and institutions that support Australia’s security and prosperity.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE220101189
Funder
Australian Research Council
Funding Amount
$444,851.00
Summary
Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evi ....Fast-track Asylum Procedures: Balancing Fairness and Efficiency. Governments around the world are implementing measures to fast-track the processing of asylum claims. This project aims to identify if this can be done in a way that is both fair and efficient. It will use an innovative interdisciplinary approach, which combines doctrinal and empirical methods, to compare and evaluate current laws in Australia, the United States, the United Kingdom and Switzerland. Project outcomes will include evidence-based law reform and policy recommendations to improve the efficiency and quality of Australia’s asylum process. A fair and more efficient asylum process will secure the integrity of Australia's borders and save the government money while ensuring refugees can access protection promptly.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL150100061
Funder
Australian Research Council
Funding Amount
$2,574,623.00
Summary
Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This p ....Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This project expects to build an interdisciplinary team to develop new legal concepts to make sense of the responsibilities of external actors in civil war, taking into account new norms and practices developed to protect civilians and to fight terrorism. It aims to provide governments, parliaments, and the public, with a framework for understanding the legal issues involved in decisions about intervention.Read moreRead less
Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing ....Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing on recent experiences of elected members, including Australia, the project is expected to advance evidence-based and empirically grounded policy proposals designed to increase the capacity of elected members to exercise power and influence over the Council's agenda and policy.Read moreRead less
Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent ....Shaping International Law in Global Transformations: Australian Experiences. This project aims to examine how Australia influences the development of international law in times of global transformation. The project proposes to develop a new analytical framework to understand how and why Australia has succeeded (or failed) in shaping the development of international law in four key periods of global transformation. Expected outcomes include empirical studies evaluating how, why and to what extent Australians managed to shape international law during these periods. These outcomes should provide benefits in the form of evidence-based proposals to enhance Australia's capacity to influence the development of international law in times of global transformation. Read moreRead less
International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advan ....International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advance the project of international law in ways which are both commensurate to global challenges and consistent with democracy and political freedom. This account will contribute to wider debates about the future of the international legal and political order in times of uncertainty and crisis.Read moreRead less
Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, insti ....Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, institutions and networks on governance. This research will facilitate how international lawyers and policymakers can currently influence the operation of international law to improve maritime security responses and will better equip Australia to preserve its leadership role internationally in promoting a rules-based order at sea.Read moreRead less
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less