Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog i ....Constitutional resilience in South Asian democracies. This project aims to find out whether constitutional design could, and should, be used to make constitutional democracies more resilient. Democratic constitutionalism is facing serious challenges, not only in new fragile democracies, but also older established ones. The project will investigate the role that the constitutional accommodation of salient ethnocultural and ideological groups, the autonomy of non-partisan constitutional watchdog institutions, and the adaptability of the constitution to changing circumstances could play in securing its resilience against serious threats. Relying on conceptual and empirical methods, using case studies from India, Pakistan, Bangladesh, Nepal and Sri Lanka, to answer these questions, the project will produce a better understanding of constitutional resilience, and the features that promote it to allow constitution makers and reformers to better protect democracy, human rights and the rule of law. This will provide significant national benefit for Australia as it deepens its engagement with South Asia, and the world more generally.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE210101486
Funder
Australian Research Council
Funding Amount
$429,936.00
Summary
Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era re ....Reproductive crimes in international law: Lessons from Cambodia. This project aims to critically examine the international community’s response to forced pregnancy and other crimes that violate reproductive rights, through a case study of the Khmer Rouge Tribunal in Cambodia. By analysing court documents and interviewing Tribunal lawyers, it expects to identify legal and practical barriers to prosecuting these crimes. It also seeks to provide the first comprehensive account of Khmer Rouge era reproductive crimes, to be made available on a public database that will shed light on this largely overlooked aspect of Cambodian history. Other expected outcomes include formulating new strategies for prosecuting reproductive crimes in international courts, thus contributing to the global push for gender justice.Read moreRead less
The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to o ....The Helping Court: Examining the Early History of the Family Court of Australia. This project will benefit the many Australian families involved in divorce by analysing the process by which the Family Court of Australia, designed to reduce the acrimony and costs associated with fault-based adversarial processes, so quickly became a focus for criticism and violence. By identifying continuity and change in both the issues underlying disputes in the family law system and the strategies adopted to overcome them it will help to stabilise dispute resolution policies and reduce the need for review and adjustment in the future.Read moreRead less
Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to br ....Civilizing Divorce: Social Change, Law and the Transformation of Parenthood. The project will leave policy-makers, professionals, law reformers, and parents and their children themselves, better equipped to navigate their way through a major process of transformation in the way our intimate lives are structured. It will help take some of the 'heat' out of the child custody debate, to see current changes as an integral part of a broader process of change in our emotional relationships, and to broaden the conceptual resources available to policy-making and law reform concerning post-separation child custody.Read moreRead less
The sight of justice: images and the rule of law. The rule of law is a key issue in global and national governance, which this project will study in a novel way: through the images and art that have helped us make sense of it. This will give new insights into its history, evolution and current challenges, and new ways of encouraging public understanding and engagement with the law.
Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms ....Hacking Copyright in the 21st Century: Art, Law, History & Technology. This project aims to leverage historical insights to investigate the tensions underlying the legal treatment of visual works of art. It will generate software and scholarship that trace the relationship between technology and visual copyright from the first statutory protections of visual artworks in the 18th century through to contemporary regulation of the dissemination of digital image data via digital publishing platforms. Its significance lies in its interdisciplinary and innovative investigation of long-standing problems of contemporary copyright law at the intersection of the visual and digtal domains. It will have impact on law reform and policy development, with benefits for visual artists, collecting institutions and the public.Read moreRead less
Discovery Early Career Researcher Award - Grant ID: DE140100283
Funder
Australian Research Council
Funding Amount
$356,247.00
Summary
From War Crimes Investigator to War Crimes Jurist: Sir William Flood Webb KBE and his impact on international criminal law in the twentieth century. Sir William Flood Webb KBE (1887-1972) is little known but was Australia's most prominent jurist on war crimes in the mid-twentieth century. This project is a legal-historical study that investigates and examines Webb's extraordinary impact on the development and transformation of international criminal law through his roles as a war crimes investig ....From War Crimes Investigator to War Crimes Jurist: Sir William Flood Webb KBE and his impact on international criminal law in the twentieth century. Sir William Flood Webb KBE (1887-1972) is little known but was Australia's most prominent jurist on war crimes in the mid-twentieth century. This project is a legal-historical study that investigates and examines Webb's extraordinary impact on the development and transformation of international criminal law through his roles as a war crimes investigator, consultant and jurist and, in particular, as President of the International Military Tribunal for the Far East. The project will shed light on historical views of war crimes, the legal actions taken and institutions created in response and the judicial and procedural precedents that were established, not only within Australia but internationally.Read moreRead less
Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing front ....Beyond the pale: Sovereignty, Law and Indigenous peoples. The project contributes to understanding inequality in law and practice. It expands knowledge of the colonial dimensions of sovereignty, demonstrating how excluding Indigenous peoples from the ordinary operations of both international and domestic law helped constitute and transform sovereignty and produce racialised identities in settler societies. The research provides a new, more comprehensive conceptual framework for analysing frontier practices, ameliorating the polarising effects of recent debates surrounding this historiography. As the war on terrorism has again seen the suspension of the law in certain circumstances, investigations into the strengths and limits of the rule of law are opportune and timely.Read moreRead less
The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes mo ....The potential and limits of international adjudication. This project aims to analyse the place of adjudication in international affairs, using a case study of Australia’s extensive engagement with the International Court of Justice. The project will provide a detailed account of the context and impact of the cases in which Australia has been involved before the Court, and will assess the complex roles that adjudication and advisory opinions can play in the resolution of international disputes more generally. This project will document an historic set of engagements spanning 70 years and provide guidance on when international adjudication may be productive for Australia, the Asia-Pacific region and the international legal order. This will provide deeper knowledge of the capacities of international judicial institutions to resolve disputes relating to economic, health, social, cultural and environmental issues.Read moreRead less
Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field ....Risk, Urban Fire Protection and Security Networks. Urban fire prevention is a critical field for public security and economic development. As such, it has always been shaped by factors beyond those of simple technological growth. These include major unanticipated events and the responses to them by many state and non-state agencies with divergent interests and knowledge bases. By analysing the resulting 'technological politics', the project will examine the ways in which this strategic field has taken on a risk-based preventative orientation. This will contribute new perspectives and considerations for the assessment and development of fire prevention and urban security in the 21st century.Read moreRead less