The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for count ....The Concept of ‘Imminence’ in the International Protection of Refugees. The project aims to contribute to the law on international protection by examining the concept of ‘imminence’. We are in an unprecedented era of international displacement; over 50 million people are on the move. While many are fleeing from traditional threats, such as conflict and persecution, some are leaving because they are scared of future risks – like the impacts of climate change. This creates new challenges for countries because traditional refugee frameworks are ill-suited to respond. The question this project asks is: if people cross a border to escape future harm, how ‘imminent’ does the harm need to be before another country has an obligation to protect them? Should international law protect only people who face the risk of immediate danger, or should it also protect those at risk of harm that may manifest more slowly over time?Read moreRead less
Responsibility, regionalism and refugees. This project will ask how responsibility for refugees may be shared among countries, resulting in guiding principles for policy makers and other outputs that will inform debates about potential models for responsibility sharing at the United Nations and within Australia.
Children's rights: from theory to practice. Children's rights are important but their scope contested. This project will clarify their meaning. It will provide guidance to legislators, policy makers and advocates working with or for children, and generate a deeper understanding of the role of rights in resolving some of the major challenges facing children in Australia and around the world.
Evaluating civil society participation before international criminal tribunals: the amicus curiae and the rights of the defence. Civil society is increasingly seeking to participate directly in proceedings before international criminal tribunals, including as an amicus curiae or friend of the court. This project provides the first comprehensive assessment of: the methods by which civil society actors seek to intervene in international criminal tribunals and the influence of such interventions on ....Evaluating civil society participation before international criminal tribunals: the amicus curiae and the rights of the defence. Civil society is increasingly seeking to participate directly in proceedings before international criminal tribunals, including as an amicus curiae or friend of the court. This project provides the first comprehensive assessment of: the methods by which civil society actors seek to intervene in international criminal tribunals and the influence of such interventions on legal outcomes; the extent to which such interventions are consistent with the right of the defence to a fair trial; the growing reliance of courts on the amicus brief, and its implications for the defence; and, whether such interventions reflect the range of civil society interests in international criminal justice, or are limited to 'Western' perspectives.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE160101123
Funder
Australian Research Council
Funding Amount
$375,000.00
Summary
Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the v ....Conditional citizenship? Revocation's implications for Australians. This project aims to study the implications of the proposed citizenship changes in Australia. Spurred by a potential terrorist threat from citizens, the government has proposed expanded powers to strip a person of their Australian citizenship. Proposed as an instrument of counter-terrorism policy, the expansion of powers over citizenship also has significant implications for fundamental principles of Australian law and for the very nature of Australian citizenship, which is a key legal link between individual and state. The project plans to draw on the experience of countries comparable with Australia and relevant theory. It aims to provide guidelines for policy makers and to benefit debate on the legal constitution and nature of the Australian community.Read moreRead less
Religious autonomy and the restriction of rights or freedoms by religious communities: comparative and theoretical approaches. Religious communities must be autonomous in order to protect their unique identity and mission. Yet in exercising their autonomy they may interfere with the rights or freedoms of others. This project's sophisticated analysis of the tension between the two sets of rights will offer a resolution that strengthens Australia's social fabric.
Australian Laureate Fellowships - Grant ID: FL100100176
Funder
Australian Research Council
Funding Amount
$2,190,500.00
Summary
Strengthening the international human rights system: Rights, regulation and ritualism. Australia has played a significant role in the development of the international human rights architecture since 1945. The promotion of human rights is now a major feature of Australia's foreign affairs and aid policies and it has become increasingly important in Australia's regional interactions. This project will build Australian capacity in a field of intense international interest and concern - the impleme ....Strengthening the international human rights system: Rights, regulation and ritualism. Australia has played a significant role in the development of the international human rights architecture since 1945. The promotion of human rights is now a major feature of Australia's foreign affairs and aid policies and it has become increasingly important in Australia's regional interactions. This project will build Australian capacity in a field of intense international interest and concern - the implementation of international human rights laws - and create internationally competitive research strength. It will provide training and support for a new generation of human rights law scholars.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.
Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on r ....Model Laws to Regulate the Use of Restraint on Persons with Disabilities. This project aims to address the current lack of a common legal framework for regulating the use of restraint on persons with disabilities in mental health, disability and aged care sectors. Through developing model laws and guidelines, this project aims to support the Disability Ministers’ National Framework for Reducing and Eliminating the Use of Restrictive Practices and the National Mental Health Commission’s work on reducing and eliminating restraint. Its main objective is to benefit persons with disabilities by supporting government policies aimed at reducing, with a view to eliminating, the adverse consequences of coercive practices in general.Read moreRead less
Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other trib ....Combating sexual violence against women post-conflict through ‘transformative’ reparations: problems and prospects. Sexual violence in post-conflict settings is disproportionately experienced by women. Identifying innovative approaches to address this critical global problem is an urgent task. International justice advocates have identified reparations as a tool to ‘transform’ the conditions underlying the violence and to prevent its recurrence. As the International Criminal Court and other tribunals begin to design and implement reparation frameworks, it is a crucial time to define the essential elements for this ‘transformation.’ Of equal importance is determining the limits and potential of these institutions to use reparations to reduce sexual violence against women.Read moreRead less