Diplomatic Knowledge, Disasters and the Future of International Legal Order. Gaps and divergences in diplomatic understanding of global social, economic, and environmental conditions make coordinated international action difficult, especially in response to natural disasters. This project aims to shed light on how diplomatic and consular personnel come to know what they know about global conditions, how the information infrastructure with which diplomats work may inform (or impede) coordinated i ....Diplomatic Knowledge, Disasters and the Future of International Legal Order. Gaps and divergences in diplomatic understanding of global social, economic, and environmental conditions make coordinated international action difficult, especially in response to natural disasters. This project aims to shed light on how diplomatic and consular personnel come to know what they know about global conditions, how the information infrastructure with which diplomats work may inform (or impede) coordinated international legal action, and what could be done to make that information infrastructure more robust and less prone to blindspots. Expected outcomes include practical suggestions for diplomats, helping to strengthen Australia’s capabilities in diplomacy, especially capacity to lead coordinated response to natural disasters.Read moreRead less
Measuring and evaluating performance in securities market regulation. The global financial crisis continues to generate ‘wicked’ problems of acute social and legal complexity. These have profound implications for the theory and practice of corporate governance and financial regulation. This project will map and evaluate the interaction of rules, principles and social norms to create accountable governance mechanisms.
Between social enterprise and social movement: responses to environmental change at the intersection of rights and regulation. This socio-legal project will illuminate the diverse ways in which formal law blocks or encourages the efforts of ordinary citizens to respond to the challenges of reducing our carbon footprint. It will significantly develop the foundations for designing effective governance structures to support ethically-motivated citizen initiatives.
Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings ....Nothing works? Re-appraising research on Indigenous-focused crime and justice programs. Research on Indigenous-focused crime and justice programs often finds little or no impact on outcomes such as reductions in re-offending. This project aims to determine whether such findings are an accurate reflection of program ineffectiveness or are a consequence of how the research was carried out. With an analysis of three case studies of crime and justice programs, this project aims to show why findings that show no difference in re-offending outcomes may occur, and offer a more Indigenous-centric methodology to assess program effectiveness. Comparisons will be made with indigenous methodologies used in New Zealand and Canada.Read moreRead less
Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and sc ....Constitutional Design & Democratic Resilience . Democracy is under stress worldwide. Both new and longstanding are seeing waves of democratic erosion. In many cases, this erosion is also taking new and more subtle forms, which are harder to detect than outright coups or suspensions of democracy – that is, they involve a form of “abusive constitutional change” that uses existing legal democratic norms and processes to subvert democracy from within. This Project will investigate the nature and scope of this problem of abusive constitutional change, as well as potential solutions through constitutional design. It will offer new theoretical insights for the field of comparative constitutional studies, and practical insights for policymakers in Australia and globally.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
Moving with dignity: a human rights approach to slow-onset climate change-related displacement and relocation in the Pacific. At the international, regional and national levels, climate change-related displacement poses a significant challenge to law and policymakers. This project examines potential legal responses to displacement resulting from slow-onset climate change and, in particular, the feasibility of en masse relocation of whole communities in the Pacific.
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
International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental re ....International Law and the Anthropocene. This project aims to examine how international law deals with environmental systems in the Anthropocene: the current geological epoch defined by human interference with Earth's biophysical systems. It will assess whether and how international law takes a systemic approach in controlling human impacts upon key environmental spheres (in particular the atmosphere, cryosphere, biosphere and hydrosphere). The project also aims to assess whether environmental regimes are capable of further development to ensure the continued existence of a safe operating space for humanity.Read moreRead less
The emerging international law of terrorism. This project examines how international law responds to terrorism and critiques the legitimacy and effectiveness of those responses. The project will improve the international community's knowledge about the effective regulation of terrorist violence within a rule of law framework, and identify opportunities for improving international responses.