‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of l ....‘Traction’ or ‘Turbulence’ in Japanese Regulatory Style? - An Empirical Analysis of Japanese Commercial Law Reform since the 1990s. A massive program of law reform is fundamentally reconfiguring Japan's commercial law regime. But where will this reform lead? Many commentators predict the law's 'traction' to either a 'Japanese-style' system of informal governance or an 'American-style' system of transparent ex-post regulation. In contrast, this project hypothesises a more 'turbulent' process of law reform - one that is complex, conflicting, unpredictable and ongoing. Empirically testing this hypothesis against Japan's wave of commercial law reforms since the 1990s, this project aims to develop a model of legal and regulatory change in Japan. This model is of strategic importance for Australian policy-makers, business-leaders and legal advisors seeking to understand and respond to Japan's changing business and legal environment.Read moreRead less
Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution o ....Workplace Death and Injury: Re-visiting the Regulatory Impact of Prosecution and Deterrence. The project will be conducted in Australia's two most populous States and falls squarely within the Commonwealth Government's mission of 'promoting good health and well being for all Australians' - one of the key national research priorities. In particular the project supports the specific goal of 'strengthening Australia's social and economic fabric' by examining the role played by legal prosecution of OH&S offences in deterring serious workplace injuries and fatalities. It is anticipated that the results of the project will be used to reduce the heavy costs that current rates of workplace injuries and deaths impose on Australian workers, their families and the national economy. Read moreRead less
Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice ....Models of contract law: are broad principles better than detailed rules? Empirical confirmation that broad principles work better than detailed rules could lead to many economic and social benefits- it would supply a key to simplifying the law; contracts would be shorter and simpler, reducing the costs of doing business; contract disputes and litigation would be reduced, saving public and private expense; decision-making would be more accountable and transparent, improving the quality of justice; codifying the law would be more feasible; and harmonising Australian contract law with that of our international trade partners would be facilitated. The project thus has the potential to contribute to strengthening Australia's social and economic fabric (Priority Goal 4 of National Research Priority 2).Read moreRead less
Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant ....Federalism for the 21st Century - A Framework for Achieving Reform and Change. Improvements to Australia's federal consitutional system could return between $9 billion and $20 billion each year to taxpayers (up to 3% of GDP). The problem affects service delivery in areas like health and education and hampers our ability to meet new challenges like water scarcity and climate change. In developing clear criteria for improving Australia's federal constitutionalism this project offers significant long term financial and other benefits to the nation and will also produce more specific benefits as a result of its case studies of health and water management.Read moreRead less
The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human righ ....The impact of migrants on Australian public law: An historical and cultural study. Many leading cases in constitutional and administrative law since 1901 have involved migrants and non-citizens. This project explores their role in the development of public law in Australia. Selected cases will be interpreted from historical, cultural, political and legal doctrinal perspectives, to understand how migrants have shaped the public discourse on judicial review, power of the Executive and human rights. In mapping the impact of migrants on Australian law and society (and, ultimately, national identity), it will contribute to current debates about public law, and assist understanding of citizenship, immigration, sovereignty, and the proper scope of judicial review.
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The International Criminal Court and the Protection of Women's Rights in Conflict and Post-Conflict Contexts: International Developments and Regional Strategies. As a country with a strong commitment to human rights and a signatory to the International Criminal Court (ICC), Australia has a leading role to play in supporting ICC efforts to end impunity for perpetrators who commit crimes against humanity. This project will strengthen Australia's position as an international advocate for the Court ....The International Criminal Court and the Protection of Women's Rights in Conflict and Post-Conflict Contexts: International Developments and Regional Strategies. As a country with a strong commitment to human rights and a signatory to the International Criminal Court (ICC), Australia has a leading role to play in supporting ICC efforts to end impunity for perpetrators who commit crimes against humanity. This project will strengthen Australia's position as an international advocate for the Court by contributing expertise on the development, application and implementation of its decisions on women's rights in conflict and post-conflict situations. The research will strengthen the work of the Court in relation to gender-justice and will have practical benefit in the region in terms of recognisng women's rights in East Timor and Cambodia.Read moreRead less
The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance an ....The Impact of Hate Speech Laws on Public Discourse in Australia. 2009 will mark the 20th anniversary of the enactment of the first Australian laws (NSW) directed at the regulation of hate speech. Although hate speech laws are now firmly embedded in Australia's legal landscape, and have been extended in some jurisdictions to vilification based on religious and sexual orientation, they remain a controversial instrument for supporting Australia's policies on multiculturalism, religious tolerance and respect for difference. An examination of the effects of hate speech laws on public discourse - both intended and unintended - will offer valuable insights about the capacity of law to deliver social cohesion in 21st century Australia.Read moreRead less
Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and aroun ....Just truth? An empirical study of expert evidence. Though a ubiquitous feature of contemporary legal and regulatory practice, expert evidence continues to create administrative and socio-economic problems. Expert evidence can add to the length, cost and complexity of litigation and has been linked to the failure of tort law, the withdrawal of insurance coverage, legal mistakes and notorious miscarriages of justice. This project will examine how expert knowledge is developed and used in and around legal settings. It will identify means of improving the provision and evaluation of expert advice in order to enhance the social legitimacy of our legal institutions and facilitate commercial innovation and productivity.Read moreRead less
Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more eff ....Managing Conflict in Higher Education. Disputes in Australian universities attract extensive publicity that damages the national and international reputation of Australian universities in the local and global marketplace. Litigation and other costs amount to millions of dollars. This money could be better spent on universities' core business of teaching and research. This project will use new developments in alternative dispute resolution to help Australian universities resolve disputes more effectively. It will focus on methods of resolving disputes that save costs but are also appropriate for disputes involving important issues such as academic freedom. Read moreRead less
Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset ....Developing a legal framework for Indonesia's participation in an internationally sanctioned scheme for reducing emissions from deforestation (and degradation). Global climate change is projected to have serious consequences for Australia. Innovative research to provide a legal framework for Reducing Emissions from Deforestation and Degradation (RED(D)) schemes in developing countries, including Indonesia, is needed. As Australia is likely to be the first country in the world to recognise 'offset credits' from RED(D), under its proposed emissions trading scheme commencing in 2010-2011, the project will benefit Australia. The project will also support the Australian government's Global Initiative on Forests, including the Kalimantan Forests and Climate Partnership with Indonesia. It will place Australian and Indonesian legal academics at the forefront of this innovative area of legal research.Read moreRead less