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
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
Towards a Legal and Institutional Framework for the Conservation and Sustainable Use of High Seas Biodiversity. The legal and institutional challenges required to manage high seas biodiversity have been identified by the United Nations as one of the greatest challenges in oceans management in the 21st century. This Project will research the legal and institutional factors at the national, regional and international levels that militate against conservation of marine biodiversity beyond nation ....Towards a Legal and Institutional Framework for the Conservation and Sustainable Use of High Seas Biodiversity. The legal and institutional challenges required to manage high seas biodiversity have been identified by the United Nations as one of the greatest challenges in oceans management in the 21st century. This Project will research the legal and institutional factors at the national, regional and international levels that militate against conservation of marine biodiversity beyond national jurisdictions and develop practical actions to address the problems identified. The outcome of the Project will be the development of a policy oriented methodology to guide the legal and policy developments on high seas biodiversity conservation at the international and national levels.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
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
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