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
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
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.
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
Whose law is it, anyway? Citizens' and peoples' challenges to state dominance in the making and application of international law. This project will enhance our understanding of civil society participation in international law-making and implementation, and how scrutiny of the legality of State conduct affects the exercise of political power. Its findings will provide guidance for improving systems of accountability that take full account of all stakeholders' interests.
Gender related harms in forced migration: a comparative international study. The recognition of gender-based persecution has been the single most important development in refugee law over the past 20 years. Through comparative analysis of cases and processes we aim to make refugee decision-making more sensitive to gender related harms and assist in developing consistent, coherent and transparent refugee law.
Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving ....Small mercies, big futures: enhancing law, policy and practice in the selection, protection and settlement of refugee children and youth. This project will assist refugee youth and children who ultimately become Australian citizens or permanent residents. In so doing, it will help to maximise the social benefits that flow from immigration. The project will also help to reduce the risk of social dysfunction that flows from damage sustained in childhood. By raising awareness of issues involving refugee children, the project will encourage Australians to become more responsive to children generally. Finally, the international exposure generated by the project will assist in restoring Australia's international reputation, which has been damaged by poor practices in relation to refugee youth and children in the past.Read moreRead less