Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. ....Small States' use of law of the sea litigation against greater powers. This project will investigate how small States are using law of the sea dispute settlement mechanisms to gain political advantages in conflicts with greater powers, including Security Council permanent members. It is important to understand how the UN Convention on the Law of the Sea can be leveraged to defend coastal State rights in strategic disputes concerning sovereign rights, unresolved boundaries, and military affairs. This research will better equip lawyers and policy makers to understand how such strategic litigation strengthens or undermines the rules based order at sea. The project will assist Australia to maintain its leading role in defending that maritime order and the UN Convention on the Law of the Sea as its cornerstone.Read moreRead less
Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, mar ....Improving International Law Regulation of Maritime Autonomous Vessels . The use of maritime autonomous vessels (MAVs) is creating regulatory and enforcement opportunities and challenges under international law. The aim of this project is to fill a critical gap in current responses in international law in focusing on the challenges posed by MAVs to international maritime security law. MAVs are increasingly useful for states in peacetime military operations, in response to transnational crime, maritime cybersecurity, and in promoting broader national security goals, but non-state actors may also use them for terrorist and transnational criminal activity. International law has not kept up with this technology so this project will redress that problem and propose law reform to enhance global maritime security.Read moreRead less
Evaluating redress mechanisms governing the human rights practices of transnational business: lessons for institutional design and operation. Australian and United Kingdom researchers will collaborate with leading development and human rights organisations to design regulatory systems that promote sustained business compliance with human rights norms, and enable workers and communities to defend their human rights when these are infringed by businesses from Australia and other OECD countries.
The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. Th ....The fundamental importance of foreign direct investment to Australia in the 21st century: Reforming treaty and dispute resolution practice. This project will evaluate the economic and legal risks associated with the Australian Government’s current policy on investor-state dispute settlement through multidisciplinary research, namely econometric modeling, empirical research through stakeholder surveys and interviews, as well as critical analysis of case law, treaties and regulatory approaches. The aim of this project is to identify optimal methods of investor-state dispute prevention, avoidance and resolution that efficiently cater to inbound and outbound investors as well as Australia as a whole. The goal is to promote a positive climate for investment inflows and outflows, while maintaining Australia's ability to take sovereign decisions on matters of public policy.Read moreRead less
The resilience of property: inundation, displacement and local relocation in the Asia-Pacific. This project responds to increased risks of population movement as a result of natural disasters and climate change in the Asia-Pacific. The project analyses local relocations in Indonesia and Solomon Islands, in order to support sustainable resettlement of displaced persons in their home environments.
Resilience and vulnerability in property systems: rising sea levels and local relocations in Solomon Islands. This project analyses local relocations caused by rising sea levels in Solomon Islands, in order to support sustainable and inclusive resettlement of displaced persons in their home environments.
'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent e ....'The fingers of the powers above do tune the harmony of this peace': Australia and the Harmonisation of Patents. Patent law is central to the key economic aim of encouraging an innovative culture. The harmonisation of patent systems around the world means Australian law will change. There is a significant risk that, without effective lobbying, the reforms will only reflect the needs and interests of the dominant economies, like the US. This project, with its comparative analysis of the patent examination process, will explore the ways in which this integral part of the patent system may be improved. This research will lead to proposals for reform that are in line with the interests of Australia's unique economy.Read moreRead less
Beyond Compliance - Safety, Health and Environmental Regulation in the Mining Sector, An Empirical Analysis. Through empirical research on the mining sector, this study will enrich our understanding of the motivators of corporate safety, health and environmental performance. It will explain how regulation, social licence pressures, economic constraints and internal management style, affect outcomes and cause some, but not others, to go 'beyond compliance'. Its significance will be to explain and ....Beyond Compliance - Safety, Health and Environmental Regulation in the Mining Sector, An Empirical Analysis. Through empirical research on the mining sector, this study will enrich our understanding of the motivators of corporate safety, health and environmental performance. It will explain how regulation, social licence pressures, economic constraints and internal management style, affect outcomes and cause some, but not others, to go 'beyond compliance'. Its significance will be to explain and model the pathways to better corporate safety, health and environmental performance and thereby advance regulatory theory and contribute to effective policy design. By facilitating and rewarding industry for going beyond compliance it will enable better policy outcomes at less cost.Read moreRead less
Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensi ....Climate change law and mitigation: forest carbon sequestration and Indigenous and local community rights. The project examines the impact of climate change law and mitigation on Indigenous peoples and local forest communities in Australia, India and Malaysia. It examines the United Nations - Reducing Emissions from Deforestation and Forest Degradation scheme which gives credits for carbon sequestration in forests thus providing financial incentives to avoid deforestation for communities in sensitive ecosystems.Read moreRead less
The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the p ....The meaning of home for children following parental separation. This project aims to identify the meaning of home for children in separated families by interviewing children and parents about children’s experiences of home and homemaking. Since most children now traverse two households, there needs to be an increasing emphasis in policy, law and professional practice on listening to children regarding their post-separation living arrangements. By describing and analysing home for children, the project will provide a solid basis for shifting the prevailing focus on parents’ needs in application of the law toward more child-responsive parenting arrangements. This new knowledge will support parents and professionals to achieve child-responsive approaches to post-separation parenting arrangements, reducing potentially adverse impacts of parental separation on children, and benefitting children, families and the community.Read moreRead less