Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern tha ....Regulatory power and corporate misconduct. This project aims to map and critically analyse the shift towards negotiated enforcement in response to corporate misconduct in the financial sector. There is growing concern within the community, consumer advocates, elected representatives and the finance industry itself about the increasing use by regulators of negotiated enforcement mechanisms rather than litigation to counter serious corporate misconduct in the financial sector. There is concern that these practices may lack transparency, be inefficient, fail to deter corporate misbehaviour, and operate to subvert individual justice and the rule of law. This project aims to address these concerns by developing detailed recommendations for reform based on an examination of the theory and practices of Australian and United States of America financial regulators.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE180100279
Funder
Australian Research Council
Funding Amount
$354,205.00
Summary
Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulato ....Work in franchises: searching for solutions at the regulatory frontier. This project aims to provide empirical and theoretical insights into the effective regulation of work-related rights and responsibilities of franchise workers, franchisees and franchisors. By combining comparative doctrinal analysis of labour and competition and consumer laws with mixed methods research, this project will expand our knowledge of the way in which public and private regulatory mechanisms influence the regulatory behaviour of key stakeholders. This will contribute to the development of a normative framework designed to inform enforcement strategy, policy-making and work quality within franchises.Read moreRead less
Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and ....Reforming the regulatory environment for innovative health technologies. This project aims to comprehensively map the regulatory pathways that innovative health technologies must navigate from the laboratory to the clinic, and to identify areas of over and under regulation. Pathways for innovative procedures, medicines and devices will be analysed in three cutting edge case studies - genome editing, biologic medicines and bio-printing - with particular focus on therapeutic goods registration and patents. Doctrinal, qualitative and iterative research methods will be used. The primary intended outcome is a set of recommendations to assist policy makers in ensuring consistency of regulatory policy and practice, thereby supporting innovation and safe clinical translation, for the benefit of all Australians.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL150100061
Funder
Australian Research Council
Funding Amount
$2,574,623.00
Summary
Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This p ....Civil War, intervention and international law. Civil war, intervention and international law: This fellowship project aims to answer the question of whether and if so when it is lawful for external actors to intervene in support of parties to a civil war. The urgency of this question and the difficulty of finding general principles to address it are illustrated by the intensity of debates about the legality of American intervention in Iraq and Syria and of Russian intervention in Ukraine. This project expects to build an interdisciplinary team to develop new legal concepts to make sense of the responsibilities of external actors in civil war, taking into account new norms and practices developed to protect civilians and to fight terrorism. It aims to provide governments, parliaments, and the public, with a framework for understanding the legal issues involved in decisions about intervention.Read moreRead less
Understanding and Recognising Indigenous Law and Legal Systems. This project aims to analyse the written constitutions and laws of Indigenous nations in Canada, Australia, New Zealand and the United States. The Project expects to generate the first comparative study of written Indigenous law. It will generate new knowledge of Indigenous legal concepts that will enable settler and Indigenous officials, scholars and members of the public to better understand and recognise Indigenous law. Expected ....Understanding and Recognising Indigenous Law and Legal Systems. This project aims to analyse the written constitutions and laws of Indigenous nations in Canada, Australia, New Zealand and the United States. The Project expects to generate the first comparative study of written Indigenous law. It will generate new knowledge of Indigenous legal concepts that will enable settler and Indigenous officials, scholars and members of the public to better understand and recognise Indigenous law. Expected outcomes of this project include new knowledge that will improve the effectiveness of settler law by ensuring it responds to Indigenous values and aspirations; facilitate the design of Indigenous representative institutions; and assist the negotiation of treaties and other agreements.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
Discovery Early Career Researcher Award - Grant ID: DE190100792
Funder
Australian Research Council
Funding Amount
$401,980.00
Summary
Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectivene ....Restoring public trust in charities: reforming governance and enforcement. This project aims to undertake a comprehensive and comparative investigation of governance and enforcement in the charitable sector in Australia. Public trust in the charitable sector has been damaged by governance failures, particularly in religious contexts, exacerbated by the sector’s complex and incoherent governance system. As yet, there has been limited academic consideration or empirical analysis of the effectiveness of the governance and regulatory framework of the sector or concrete reform proposals. This project aims to undertake comparative analysis and empirical research of these aspects, and to develop proposals for effective law and policy reform. This is expected to strengthen and maximise the sector’s capacity to contribute to the social and economic life in Australia.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE200100243
Funder
Australian Research Council
Funding Amount
$341,590.00
Summary
Employers’ perspective: New understandings of employment law non-compliance. This project aims to generate new empirical and theoretical insights into effective regulation of work, reviewing the significant issue of non-compliance with minimum employment standards. Using an innovative approach examining the neglected employer viewpoint, and combining regulation theory with institutional, market and power perspectives, the project addresses a critical gap in our knowledge of how employment laws o ....Employers’ perspective: New understandings of employment law non-compliance. This project aims to generate new empirical and theoretical insights into effective regulation of work, reviewing the significant issue of non-compliance with minimum employment standards. Using an innovative approach examining the neglected employer viewpoint, and combining regulation theory with institutional, market and power perspectives, the project addresses a critical gap in our knowledge of how employment laws operate. Outcomes are expected to include understanding why some employers breach employment laws while others do not, providing policy recommendations to enhance compliance and, in turn, benefit underpaid workers, compliant employers and the integrity of our laws. The research will have widespread international application.Read moreRead less
Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little ....Undocumented Migrants- Unearthing Knowledge on a Key Source of Farm Labour. The Australian horticulture industry has endemic labour challenges, both in terms of labour supply challenges and a systemic problem of non-compliance with labour standards. A core component of both problems is the entrenched reliance on undocumented migrants. Given complex supply chains transiting fresh fruit and vegetables from the farm to the consumer, undocumented workers are largely invisible. There is very little research on undocumented workers on farms. Addressing this critical Australian and international knowledge gap, this project is the first study to comprehensively analyse the role of undocumented migrants in the horticulture industry from a multi-stakeholder approach, involving government, employers and workers.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL150100104
Funder
Australian Research Council
Funding Amount
$2,764,590.00
Summary
Harnessing intellectual property to build food security. Harnessing intellectual property to build food security: This fellowship project aims to maximise the benefits and minimise the costs of using intellectual property protection to improve agricultural productivity and food security in Australia and the Asia Pacific. Food security is a problem in many Asian Pacific countries, and in Australia there is an urgent need to improve agricultural yields, increase sustainability, enhance the breedin ....Harnessing intellectual property to build food security. Harnessing intellectual property to build food security: This fellowship project aims to maximise the benefits and minimise the costs of using intellectual property protection to improve agricultural productivity and food security in Australia and the Asia Pacific. Food security is a problem in many Asian Pacific countries, and in Australia there is an urgent need to improve agricultural yields, increase sustainability, enhance the breeding of new plant varieties, and to adapt to climatic and environmental changes. In addition, an unmet demand for food in the region provides an important opportunity for Australian agriculture. If a food-secure future for Australia and the Asia Pacific is to be achieved, higher agricultural yields must be produced from increasingly limited or degraded inputs. This project seeks to critically examine the role that intellectual property is able to play in meeting these interrelated challenges and opportunities.Read moreRead less