Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking prot ....Geographical Indications for Wine in Australia’s Free Trade Agreements. This project aims to clarify the appropriate basis for protecting geographical indications for wines in trade agreements and domestic legal systems. The project expects to generate new knowledge concerning the criteria, evidence and procedure that should be required to establish a geographical indication. Existing law risks misuse of this mechanism to unjustifiably protect domestic markets; the European Union is seeking protection for what appear to be grape varieties rather than geographical indications. Expected outcomes include evidence-based recommendations to government and industry. Project outcomes should benefit Australian economic interests by enhancing Australia’s ability to resist spurious geographical indication claims.Read moreRead less
Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcom ....Balancing National Security and Economic Interests in Foreign Investment. The project aims to investigate growing divergence between countries’ inward foreign investment policies and their increasing links to national security. Novel interdisciplinary collaboration integrating political science, economics and law promises insights into these policy shifts, which appear driven by digitalisation of the economy and the rise of emerging markets (eg China) and State-linked investment. Expected outcomes include clarification of the causes and implications of these shifts and innovative understanding of the connection between national security and economic interests in investment. This new knowledge should enhance balance in investment policy and decision-making, with economic and foreign policy benefits for Australia.Read moreRead less
Australian Laureate Fellowships - Grant ID: FL210100133
Funder
Australian Research Council
Funding Amount
$3,192,357.00
Summary
The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and i ....The Corporate Challenge to Democracy: Harnessing International Law. The rising power of global corporations is a serious challenge to Australian democracy. Corporations have gone global, but the mechanisms to ensure they serve the public interest, pay tax and comply with national laws have not. So far, international law has not been able to help. This project will develop a new theoretical account of the relationship between states and corporations and identify reforms to international law and institutions to remedy the current imbalance. This project, and the new generation of researchers it will train, will enhance Australia’s capacity to hold global corporations to democratic standards, legal accountability and taxation, and establish Australia as a world leader in maintaining that balance going forward.Read moreRead less
China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing th ....China’s Belt and Road Initiative: A New Model of Economic Governance? China’s Belt and Road Initiative (BRI) involves thousands of projects in the world, with a combined value over USD 1 trillion. Under the BRI, China is constructing new norms and legal institutions to govern international economic activity. But the opacity of the BRI means that little is known about the details of these arrangements or their operation in practice. This socio-legal project will examine how the BRI is changing the way that cross-border economic interactions are governed, and explore the implications of these changes for how power and authority are exercised in the global economy. The project’s findings will equip Australian policymakers, businesses and publics to navigate more astutely the changes that the BRI is advancing.Read moreRead less
International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advan ....International law and the Challenge of Populism. Populist political movements pose a threat to international law because they oppose supranational authority. And yet, populism and international law are grounded in a common source – national sovereignty. The relationship between them is poorly understood. This project will undertake new interdisciplinary research in law and political philosophy to provide a new account of that relationship, and to establish new ways of thinking about how to advance the project of international law in ways which are both commensurate to global challenges and consistent with democracy and political freedom. This account will contribute to wider debates about the future of the international legal and political order in times of uncertainty and crisis.Read moreRead less
Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, insti ....Informal Lawmaking in Maritime Security: New Directions in Ocean Governance. This project will investigate the rapidly increasing contribution of informal lawmaking to promoting maritime security and to developing new forms of ocean governance. It is important to assess this form of international cooperation in response to key maritime security concerns, such as the freedom of navigation, boat migration, illegal fishing and transnational crimes, to demonstrate the impact of diverse actors, institutions and networks on governance. This research will facilitate how international lawyers and policymakers can currently influence the operation of international law to improve maritime security responses and will better equip Australia to preserve its leadership role internationally in promoting a rules-based order at sea.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
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
Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged f ....Reconceiving Engagement with International Law in a Populist Era. This project seeks to address the fundamental problem of how to reconceive engagement by states with the international legal order, in the face of a sustained populist backlash. It proposes to develop a new analytical framework to evaluate the origins and impact of populist concerns about international law. Expected outcomes include detailed empirical studies of the extent to which countries with populist leaders have disengaged from the international legal order, and evidence-based recommendations to increase committed engagement by states with that order. Anticipated benefits include expanding national research and policy capacity in reinforcing the rules and institutions that support Australia’s security and prosperity.Read moreRead less
Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing ....Leveraging power and influence on the United Nations Security Council. This project examines the fundamental problem of how elected members on the Security Council can influence Council decision-making and norm development. Assembling a research team of international lawyers and political scientists, the project seeks to provide a rigorous, multi-disciplinary evaluation of why and when non-permanent Council members have succeeded in having impact on the Council's decision-making process. Drawing on recent experiences of elected members, including Australia, the project is expected to advance evidence-based and empirically grounded policy proposals designed to increase the capacity of elected members to exercise power and influence over the Council's agenda and policy.Read moreRead less