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 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.
Linkage Infrastructure, Equipment And Facilities - Grant ID: LE120100062
Funder
Australian Research Council
Funding Amount
$330,000.00
Summary
The Australasian Legal History Library: Creating historical depth in legal data on AustLII, to improve all legal research. The Australasian Legal History Library, to be located for free access on AustLII, will provide comprehensive legislation and case law from all colonies (subsequently Australian States, Territories or New Zealand) up to 1950. Its citator will show how these historical materials are used in current legal decisions. It will be a revolution for legal history research.
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
Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Cou ....Australian Electoral Law: Building a System for the 21st Century. An effective regime of electoral law and regulation is vital to the integrity of any democratic system. The litigation arising from the recent US Presidential election clearly demonstrates this. But electoral law is a neglected discipline in Australia. This impedes best practice electoral administration and the orderly development and modernisation of electoral law norms and rules. With the involvement and backing of Electoral Council of Australia (representing all Australian electoral authorities), this project will produce leading scholarship that will assist the ongoing development of an appropriate regime of electoral law for Australia in the 21st century.Read moreRead less
Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. Thi ....Weathering Uncertainty: Climate Change 'Refugees' and International Law. The creation of climate change 'refugees' is one of the most serious consequences of global warming. Climate-induced displacement is of particular relevance to Australia, given its geographical proximity to islands in the South Pacific where sea levels are rising. Islanders in some parts of the region have already had to abandon their homes, and more will do so in the future. Australia is an obvious destination country. This project examines Australia's international legal obligations to such people, to enable the development of informed, responsible and lawful responses to their plight. It contributes to NRP 4: Safeguarding Australia: Understanding Our Region and the World.Read moreRead less
Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisato ....Globalisation and Biomedicine: The Harmonisation of Local and Global Regulatory Demands. The pursuit of biotechnological research and development requires a clear and effective regulatory structure at both the global and national level. Australia's strengths in biotechnology and biomedicine and the Federal Government's strategy to support and promote Australian expertise demand the formulation of appropriate regulatory structures. This project will assess these issues with a focus on globalisaton, Australia's federal legal system, the patient in society and health law, and the scope of effective legal regulation. The project will provide insights into and a theoretical understanding of existing global and national legal regulation of this sector as well as assisting in the formulation of future regulatory measures.Read moreRead less
Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and th ....Rethinking Mental Health Laws: An Integrated Approach. Mental health is one of the Commonwealth Government's national health priority areas. This research program will ensure the best possible outcomes for the Government's five-year action plan for better mental health services by developing model legal frameworks that will help shape the way in which individuals with mental illnesses can access the highest attainable standard of mental health care. Through interdisciplinary collaboration and through developing model frameworks for both civil commitment and sentencing laws, this program will enable Australia to set the international agenda as to how countries can best respond to the mental health needs of their citizens.Read moreRead less
The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understandi ....The Media and ASEAN Transitions: Defamation Law, Journalism and Public Debate in Indonesia, Malaysia and Singapore. This project will examine defamation law, journalism and public debate in three core members of the Association of Southeast Asian Nations: Indonesia, Malaysia and Singapore. It will focus on a legal issue, defamation, which is central to the Australian and regional media's potential for improving public and private sector governance, and promoting domestic and regional understanding, at a time when independent media speech has great value in relation to trade, security and development. When risks of transnational defamation liability are increasing, it will assist the Australian media's coverage of three pivotal countries in the region and substantially develop the academic understanding of defamation law's effects on media content.Read moreRead less
Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will r ....Legal Responses to Systemic Injuries: Towards a New Paradigm for Compensation. This research aims to identify better and fairer ways for the legal system to respond to systemic injuries, such as the taking of indigenous children from their families, or widespread abuse of children in institutional settings. The tort system is under attack from various quarters: in this context, its failure lies in its focus on harms that happen on a one-to-one, rather than a systemic basis. The research will review redress schemes established in other countries (most notably Canada and Ireland) with a view to developing better and more appropriate legal responses to widespread contemporary harms.Read moreRead less