International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, le ....International Trade Law and International Investment Law: Recognising Complexity, Developing Coherence. International trade and investment treaties contain overlapping provisions that have been subject to divergent interpretations by tribunals settling associated disputes. Proliferation of such treaties has created conflicting obligations, significant uncertainty for states and businesses, and an increasing potential for government liability. Through a comparative study of targeted countries, legal concepts and sectors, this project reconceptualises the fields of international trade and investment law in order to maximise their coherence. By providing a framework for reform of existing treaties and negotiation of future treaties, the project offers concrete benefits for government and industry through increased consistency and predictability.Read moreRead less
Revisiting Australia’s preferential trade agreements and bilateral investment treaties to safeguard regulatory autonomy. This project critically evaluates Australia’s free trade agreements and bilateral investment treaties in the light of recent national and international experience. Its recommendations for systematically revising existing agreements and refining approaches to negotiating new agreements will assist in protecting Australian policy space.
International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of ....International Law and the Cold War. This project is about international law and the Cold War. It seeks to re-read international law and the Cold War as mutually constitutive in a ground-breaking reconceptualisation of contemporary international law as a product of the Cold War, and the Cold War as a juridical category. It will produce the first history and theory of the relationship between international law and the Cold War. This new history will contribute to wider debates about the future of the international legal and diplomatic order. This is particularly relevant now, when emerging global divisions threaten to repeat the ideological enmity and paranoia that was a feature of the Cold War period.Read moreRead less
A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet ....A collaborative approach to designing regulatory measures on tobacco, alcohol and unhealthy diet: public health, international trade and investment law. Non-communicable diseases such as cardiovascular disease, cancer and diabetes account for 60 per cent of global deaths. This project will clarify the implications of trade and investment law to assist in ensuring effective domestic and international public health regulation to combat the common risk factors of tobacco, alcohol and unhealthy diet.Read moreRead less
Integrated governance of water and coal seam gas. This project aims to evaluate the governance of the water effects on unconventional gas, to develop legal and policy principles for the integration of these effects in an effective, efficient and legitimate manner, and to investigate problems posed for integrated and polycentric governance, more generally. Australia must meet its unconventional gas needs without harming its water resources. The project is expected to deliver effective and legitim ....Integrated governance of water and coal seam gas. This project aims to evaluate the governance of the water effects on unconventional gas, to develop legal and policy principles for the integration of these effects in an effective, efficient and legitimate manner, and to investigate problems posed for integrated and polycentric governance, more generally. Australia must meet its unconventional gas needs without harming its water resources. The project is expected to deliver effective and legitimate outcomes for water, energy and potentially other social and environmental issues, aiming to establish Australia as a leader in sustainable water management.Read moreRead less
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE140100011
Funder
Australian Research Council
Funding Amount
$284,000.00
Summary
The International Law Library on WorldLII: New content and facilities for the leading repository and citator for international law. The International Law Library on the World Legal Information Institute: new content and facilities for the leading repository and citator for international law: The International Law Library on the AustLII-operated WorldLII system already provides the most comprehensive free-access location of international law research materials, attracting over two million annual ....The International Law Library on WorldLII: New content and facilities for the leading repository and citator for international law. The International Law Library on the World Legal Information Institute: new content and facilities for the leading repository and citator for international law: The International Law Library on the AustLII-operated WorldLII system already provides the most comprehensive free-access location of international law research materials, attracting over two million annual page accesses. This project to transform the Library will expand all its content (international case law, treaties, other key resources and commentary); improve its distribution (for example, RSS feeds for new cases); automate updating processes; add extensive metadata to improve citation histories; and provide other metrics so users can recognise significant materials. Necessary processing, storage and scanning equipment will be acquired. All international law research will be improved, as will Australian leadership in research infrastructure.Read moreRead less
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
Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domesti ....Developing a systematic, inclusive and just jurisprudential account of TRIPS. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for the international regulation of the knowledge economy. Yet much of its text is legally uncertain, undermining its utility. This project will provide the first comprehensive scholarly jurisprudential account of TRIPS. This will enable greater certainty and efficiency in the enactment and implementation of compliant domestic legislation. The project will also provide the first socio-legal account of the WTO Dispute Resolution Body and the interpretive methodologies it employs for interpreting TRIPS. The project will also provide a jurisprudential account that promotes formally and substantively just dispute resolution outcomes.Read moreRead less
A legal analysis of Australia's future engagement with Asia-Pacific security institutions. The security landscape of the Asia-Pacific is rapidly changing with significant implications for Australia. This project examines Australia's engagement with regional institutions to address contemporary regional security challenges by engaging critical legal analysis and through collaboration with Asia-Pacific security analysts and policy-makers.
Discovery Early Career Researcher Award - Grant ID: DE140101216
Funder
Australian Research Council
Funding Amount
$356,291.00
Summary
Revitalising Collaborative Water Governance: Lessons from Water Planning in Australia. One of Australia's greatest challenges is managing its scarce water resources. However, fundamental flaws in the design and implementation of collaborative water governance have undermined Australia's water reforms. This project will critically evaluate collaborative water governance, develop legal and policy principles enabling its mobilisation in an effective, efficient and equitable manner, and investigate ....Revitalising Collaborative Water Governance: Lessons from Water Planning in Australia. One of Australia's greatest challenges is managing its scarce water resources. However, fundamental flaws in the design and implementation of collaborative water governance have undermined Australia's water reforms. This project will critically evaluate collaborative water governance, develop legal and policy principles enabling its mobilisation in an effective, efficient and equitable manner, and investigate the challenges it poses for the theory and practice of water regulation, markets and water governance more generally. The lessons learned can then be applied to reshape water strategy, ensure meaningful collaborative community engagement and reduce the over-allocation and overuse of water in Australia.Read moreRead less