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
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
The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcemen ....The Human Rights Responsibilities of Multinational Corporations. Human rights abuses are perpetrated by multinational corporations, yet they are subject to few laws protecting human rights. Given the global power of these bodies, it is imperative and inevitable that greater legal accountability mechanisms will be developed. Working with a consortium of major industry partners, this project will identify current legal obligations on corporations to protect human rights, their means of enforcement and investigate their likely future extension in Australia and internationally. Best practice models for corporate compliance with these laws will be constructed and all results will be widely disseminated and accessible in a variety of formats.Read moreRead less
Financing Human Rights: Global Problems and Possibilities. In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia-Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimi ....Financing Human Rights: Global Problems and Possibilities. In global terms, Australia is a rich country with a large aid budget and a strong record of supporting the international advancement of human rights standards, especially in the Asia-Pacific. Australia's private sector also invests heavily in many of our neighbouring states, thereby helping to advance human rights through economic development. But human rights problems persist in many countries in our region. This project seeks to optimise the impact of the financing of human rights protection in developing countries, and thereby add significantly to the maintenance and promotion of the security, prosperity and welfare of all peoples in our region.Read moreRead less
Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are res ....Choosing Litigation to Resolve International Law Disputes in the Protection of Australia's Offshore Assets, Its Citizens and Foreign Trade. The potential benefits of this project are far-reaching, as it not only advances scholarly knowledge of the role of litigation in international dispute settlement, but is also intended to promote better governmental, legal, political, and community understanding of international dispute settlement options and to ensure that international law disputes are resolved for Australia's benefit. Through the development of a comprehensive and integrated framework for deciding on resort to litigation, this project will enhance Australia's relationships with neighbouring states and allies through successful use of dispute settlement techniques in relation to issues of economic, social and security importance to Australia.Read moreRead less
The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia ....The Impact on the Human Rights of Asylum-Seekers and Host Communities of Australia's Border Control Cooperation with Indonesia and PNG. Australia regards border control cooperation with Indonesia and PNG as vital for preventing irregular entry into its own territory. Little is known, however, about the implications of cooperation for asylum-seekers or their host communities in Indonesia and PNG. This project is of national benefit because it advances knowledge by investigating whether Australia can more effectively safeguard the human rights of asylum-seekers and others affected by its regional border control cooperation. The results of this study will enhance the capacity of policy makers to deal with mixed flows of irregular migrants and asylum-seekers consistently with human rights and thus Australia's ability to play a positive leadership role in its region.Read moreRead less
Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribu ....Lessons from Asian Peacebuilding. War causes not only human suffering; it threatens the health and education of generations of children, sets back regional economies and encourages warlords to become transnational criminals who traffic in drugs, people, money laundering, guns and terror. Fresh insights will be obtained from the successes and failures of attempts to build peace in societies such as Afghanistan. These national and regional diagnoses will enhance the quality of Australia's contribution to security and stability in our part of the globe and increase national capacity to contribute to global peace strategies.Read moreRead less
International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding ....International Criminal Justice: Law, Policy and its Relevance to Australia's security. International Criminal Justice (ICJ) is a discipline of increasing importance in global and national responses to atrocity and violence, in particular war crimes and terrorism. Australia's security, as well as its standing in the international community is directly affected by the way it understands and applies ICJ. This project will benefit the Australian community by analysing and developing an understanding of the law and policy issues affecting how we treat war crimes and terrorism and by engaging not just with the academic and practitioner community in Australia and internationally, but with government representatives from the Attorney-General's, Foreign Affairs and Defence Departments.Read moreRead less
Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusi ....Delivering Effective Protection to Victims and Prevention of Human Trafficking in the Greater Mekong Sub-Region. The project will help safeguard Australia by improving our understanding of the nature of human trafficking in the Asia-Pacific region through victims' profiles and about what preventive measures work best. It will focus upon capacity building and co-ordination of NGO-State responses. It will contribute to Australia's continuing reputation as regional leader on these issues, by focusing on high quality research to inform policy development and practice on aid effectiveness in the area of counter-human trafficking. This is expected to lead to significant social and economic benefits through building upon existing cooperative relationships.Read moreRead less
Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Austra ....Building Democracy and Justice after Conflict. Weak governance is a cause of terrorism. Australia is increasingly involved in nation-building projects, both in its region and internationally. This project will build Australia's expertise in the ways that international law can promote democracy and justice after conflict. It will develop guidelines for states and organisations involved in peace and nation-building. The project will thus contribute to safeguarding Australia by increasing Australia's capacity to engage with, and interpret itself to, its neighbours and the broader international community, as well as by tackling the threat of terrorism.Read moreRead less