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
Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families ....Trajectories of Wrongful Conviction and Pathways to Exoneration. This is the first national study of its kind that investigates the trajectories of wrongful convictions as systems failures by examining decisions from investigation to exoneration. Wrongful conviction is a significant social and legal problem in Australia and other nations. It costs the Australian government millions in police, court and prison services and has health and psychological consequences for exonerees and their families. Expected outcomes for this project include an early warning detection tool to identify at-risk cases and overall improved accuracy in convictions. This will provide significant benefits, for criminal justice agencies, victims and accused individuals while positioning Australia as a world leader in the field.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: DE220100064
Funder
Australian Research Council
Funding Amount
$448,919.00
Summary
Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtu ....Socio-Legal Implications of Virtual Autopsies in Coronial Investigations. This project aims to assess how forensic imaging technology impacts coronial investigations in Australia. It expects to generate new knowledge on the implementation of post-mortem computed tomography in coronial investigations using a socio-legal approach. Expected outcomes include a framework for understanding how the technology has been developed in coronial investigations, and the social and legal effects of using virtual autopsies as a supplement or replacement of post-mortem dissections. This should provide significant benefits for stakeholders of the coronial process, through deeper understanding of how new technologies can be best implemented to improve the efficiency, accuracy and cost-effectiveness of coronial investigations.Read moreRead less
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
Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of plur ....Constituent power in federal constitutions. The concept of constituent power is fundamental to public law. This project aims to provide the first systematic and theoretical examination of the concept as it manifests in federations. The idea of constituent power was first developed in unitary states. Consequently, its role in federations has rarely been explored. Expected outcomes include a systematic comparative analysis of constituent power in federations and the development of a theory of pluralised constituent power. Expected benefits include the generation of insights into the constitutional foundations of federal systems (including Australia), new approaches to the interpretation of federal constitutions and mapping of pathways for legitimate constitutional reform.Read moreRead less
Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these ....Financial exclusion, poor insurer practices and consumer protection. This project aims to study financial exclusion and variations in access to general insurance, as well as insurer practices in selling insurance and handling claims. Through surveys, focus groups and interviews, the project also aims to evaluate the effectiveness of the legal protections for consumers of general insurance. The expected project outcomes include law and policy reform proposals to improve the effectiveness of these protections and maximise access to general insurance, particularly for socio-economically disadvantaged consumers. This should have benefits such as an increased uptake of general insurance and improved community resilience to natural disasters and other unforeseen events.Read moreRead less
Analysis of the impact and regulation of harmful financial products. Analysis of the impact and regulation of harmful financial products. This project will investigate financial products that can harm disadvantaged and vulnerable consumers. It will use empirical research (surveys, interviews and focus groups) to explore how these products perpetuate financial hardship, poor health and social disadvantage. In doing so, it expects to contribute to consumer law scholarship and studies of financial ....Analysis of the impact and regulation of harmful financial products. Analysis of the impact and regulation of harmful financial products. This project will investigate financial products that can harm disadvantaged and vulnerable consumers. It will use empirical research (surveys, interviews and focus groups) to explore how these products perpetuate financial hardship, poor health and social disadvantage. In doing so, it expects to contribute to consumer law scholarship and studies of financial exclusion, and provide practical assistance to policymakers, regulators and the partner organisations. The project will also assess the need for law reform, and, if appropriate, recommend detailed law reforms. The research is expected to help policymakers address damage caused by harmful and predatory financial products and promote the financial and social wellbeing of vulnerable, disadvantaged consumers.Read moreRead less
Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an unders ....Property as habitat: reintegrating place, people, and law. This project aims to produce an original account of property law that will connect it to place and human relationships. Property is at the centre of contemporary social life and law, yet it is often separated in legal scholarship from the human and natural worlds it structures. Using innovative analytical techniques and a grounded consideration of the functions and effects of property, the objective of the project is to produce an understanding of property as habitat that is both sensitive to place and adapted to social conditions. Expected benefits include a responsive understanding of property that is better able to address the challenges of Australian society into the future.Read moreRead less