Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insigh ....Enforcement of Chinese Employment Law: Regulatory Innovation and Wage Arrears. Australia's security and economic well-being is closely bound up with China. It is in Australia's interests that China develops a sound legal system as the foundation of a prosperous, humane and stable society. The pervasive failure to pay Chinese workers their correct wages tests the capacity and credibility of Chinese law. An assessment of the legal system's response to the wage problem will provide specific insights on securing compliance with the employment law in China, benefiting Australian foreign policy makers, traders, investors and overseas development organisations. It will facilitate collaborative work between China and Australia on strengthening the regulatory capacity of Chinese institutions. Read moreRead less
The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participa ....The prospects for justice in the legal reform of police administrative detention powers in China. Australia's security and economic well-being is becoming increasingly closely tied to China. Australia has a strong interest in China's continued economic well-being, as well as promoting the rule of law and valuing the protection of human rights. The effective legal protection of human rights is of vital concern to our relationship, to China's long term stability and to China's increasing participation in international human rights fora. This project will enhance our understanding of struggles to effect legal reform of contentious police powers and to improve protection of citizens' rights through reforming law enforcement practices. It will contribute to ongoing Sino-Australian cooperation to promote human rights protection.Read moreRead less
Maritime Legal Practice and Policy in Southeast Asia and the South Pacific: Synergies and Challenges for Australian Trade and Security. Analysis of maritime legal practice in Southeast Asia and the South Pacific will bolster Australia's national maritime policy-making and regional capacity to address key maritime concerns, leading to enhanced sustainable management of the ocean environment and its resources, economic security, maritime enforcement and security for trade and shipping. This will d ....Maritime Legal Practice and Policy in Southeast Asia and the South Pacific: Synergies and Challenges for Australian Trade and Security. Analysis of maritime legal practice in Southeast Asia and the South Pacific will bolster Australia's national maritime policy-making and regional capacity to address key maritime concerns, leading to enhanced sustainable management of the ocean environment and its resources, economic security, maritime enforcement and security for trade and shipping. This will deliver profound political, economic and security benefits to the countries concerned. The research will help to safeguard Australia's vital maritime interests as well as those of our maritime neighbours and therefore impact directly on Australia's economic security and prosperity, the protection and preservation of the marine environment and thus the well being of its society.Read moreRead less
Islamic Law in Contemporary Indonesia. Law is at the heart of Islam and the absence of a distinction between religion and law creates inherent tension between Islamic law (syariah) and the modern nation state. As the Indonesian state struggles to redefine itself post-Soeharto, syariah's role has again become contested. Modern scholarship has, however, ignored contemporary Indonesian Islamic law. Working with leading Indonesian Muslim scholars this project will investigate Islamic legal institu ....Islamic Law in Contemporary Indonesia. Law is at the heart of Islam and the absence of a distinction between religion and law creates inherent tension between Islamic law (syariah) and the modern nation state. As the Indonesian state struggles to redefine itself post-Soeharto, syariah's role has again become contested. Modern scholarship has, however, ignored contemporary Indonesian Islamic law. Working with leading Indonesian Muslim scholars this project will investigate Islamic legal institutions, substantive law and jurisdiction, surveying lawyers, judges and litigants. It will build bridges between Western, Indonesian and Middle-Eastern Islamic jurisprudence to expand Australian understandings of Indonesian Islam at a critical moment in bilateral relations.Read moreRead less
Islam and Modernity: Syari'ah, Terrorism and Governance in South-East Asia. Our region faces major political and legal challenges in the post-Cold War era, one of the most important of which is militant Islam. Australia has historically paid little attention to the implications of its location immediately to the south of the world's largest Muslim populations but 9/11 and Islamic terrorism in SE Asia have shown that regional Islam is of direct strategic and security importance for our welfare. T ....Islam and Modernity: Syari'ah, Terrorism and Governance in South-East Asia. Our region faces major political and legal challenges in the post-Cold War era, one of the most important of which is militant Islam. Australia has historically paid little attention to the implications of its location immediately to the south of the world's largest Muslim populations but 9/11 and Islamic terrorism in SE Asia have shown that regional Islam is of direct strategic and security importance for our welfare. There is, however, a significant gap in Australian understandings of Islam and Islamic law (syari'ah) and their implications for regional governance. This program addresses this gap, updates scholarship on SE Asian syari'ah, informs Australian foreign policy and builds bridges with SE Asian Muslim scholars and lawyers.Read moreRead less
Islamic Law in Contemporary Malaysia, Singapore and Brunei: The Anglo-Malay Madhhab. Islam is a fundamentally legalistic religion: law and religion are largely inseparable. In the last decade radical Islamic interpretations of sharîah (Islamic law) in SE Asia have led to increasingly militant responses to modernity and the secular state, that have come to threaten Australians. Through a detailed examination of legal theory, current intellectual debates, legal institutions and substantive law in ....Islamic Law in Contemporary Malaysia, Singapore and Brunei: The Anglo-Malay Madhhab. Islam is a fundamentally legalistic religion: law and religion are largely inseparable. In the last decade radical Islamic interpretations of sharîah (Islamic law) in SE Asia have led to increasingly militant responses to modernity and the secular state, that have come to threaten Australians. Through a detailed examination of legal theory, current intellectual debates, legal institutions and substantive law in Malaysia, Singapore and Brunei, the project offers a more complete understanding of Islam and law in the archipelago to Australia's North. It will update current knowledge but will also build bridges with Muslim scholars and lawyers in the regionRead moreRead less
The corruption-organised crime nexus in four European states, with particular reference to people smuggling. Considering its importance to Australia, too little research is being done here on Europe. The EU alone accounts for c.40% of Australia's trade. Yet most research on Europe undertaken here is either historical (pre-1945) and/or of individual countries. Relatively little is in the social sciences. One benefit of this project is that it ensures that comparative social science research o ....The corruption-organised crime nexus in four European states, with particular reference to people smuggling. Considering its importance to Australia, too little research is being done here on Europe. The EU alone accounts for c.40% of Australia's trade. Yet most research on Europe undertaken here is either historical (pre-1945) and/or of individual countries. Relatively little is in the social sciences. One benefit of this project is that it ensures that comparative social science research on Europe is conducted in Australia. Second, Australia experiences many problems facing European states, albeit usually on a smaller scale. The potential benefits of learning vicariously from others' experiences are obvious. Third, this will enhance this country's expertise in this strategically important area. Read moreRead less
ARC Asia-Pacific Futures Research Network. The ARC Asia Pacific Futures Network is an international vehicle for building research capacity in the national research system to enhance understanding of Australia, its region, and the world. The Network brings experienced researchers working in identified research areas and themes into dynamic collaboration with government and industry through structured programs, with a view to stimulating new research directions, partnerships and training opportuni ....ARC Asia-Pacific Futures Research Network. The ARC Asia Pacific Futures Network is an international vehicle for building research capacity in the national research system to enhance understanding of Australia, its region, and the world. The Network brings experienced researchers working in identified research areas and themes into dynamic collaboration with government and industry through structured programs, with a view to stimulating new research directions, partnerships and training opportunities. In its 5-year plan, the Network will focus on Governance and Security, Culture and Religion, Media and Communications, Health and Population, and Trade and Industry. APFN will also have the capacity to marshal expertise on pressing issues facing Australia and the region as a whole.Read moreRead less
Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labou ....Legal Origins: The Impact of Different Legal Systems on the Regulation of the Business Enterprise in the Asia-Pacific Region. This project will locate Australia and several major countries in our region within a highly influential international scholarly debate about appropriate forms of business regulation. It will contribute to domestic policy-making debates about the most effective legal methods for promoting an innovative and productive economy, especially in the areas of corporate and labour law. It will also enable Australian policy makers to participate in international policy reform debates facilitated through international institutions. In particular, it will enhance Australia's capacity to understand and contribute to the establishment of better legal systems in our region, enhancing important trading and strategic relationships.Read moreRead less
The law of refugee status: a theoretical and comparative analysis. This Project will make a significant contribution to international refugee law scholarship, thus consolidating Australia's place as a centre for excellence in international refugee law. In addition, the Project will have immediate practical relevance for individual refugee status determination in all states parties to the Convention, especially Australia, in its utility for practitioners, advocates and decision-makers. It will al ....The law of refugee status: a theoretical and comparative analysis. This Project will make a significant contribution to international refugee law scholarship, thus consolidating Australia's place as a centre for excellence in international refugee law. In addition, the Project will have immediate practical relevance for individual refugee status determination in all states parties to the Convention, especially Australia, in its utility for practitioners, advocates and decision-makers. It will also provide a principled basis for future policy development in Australia and abroad. It will therefore make a significant contribution to an area of law that is vital to Australia's future and to the international community as a whole.Read moreRead less