Centre for International and Public Law

RESEARCH

REGULATORY INSTITUTIONS NETWORK (RegNet)
A network of regulatory researchers coordinated at The Australian National University

A number of Centre members are working on research projects funded by grants from the ARC (Australian Research Council) and other bodies.

Hilary Charlesworth and Madelaine Chiam
(with George Williams and Devika Hovell, UNSW)
International Challenges to the Australian Legal System: trade and human rights
(ARC Large grant)
http://www.ilals.unsw.edu.au

Australia's legal structure now operates within an international framework in which norms permeate national boundaries and influence local debates. This project explores and investigates the interaction between international law and the Australian legal system at a general theoretical level, as well as through two case studies. The case studies focus on the areas of trade and human rights, in examining how Australian law and parliamentary and judicial institutions have reacted to the challenge of internationalisation. The project will propose ways that Australian institutions and decision-makers can more appropriately deal with the internationalisation of Australian law. It will contribute to a new theoretical understanding of the Australian legal system as well as providing practical guidance for policy makers.

Hilary Charlesworth
(with Christine Chinkin, London School of Economics and Political Science)
Feminist Analysis of International Dispute Resolution
(John D and Catherine T Macarthur Foundation Grant)

One important aspect of international security is the resolution of international disputes. The United Nations Charter places an obligation upon its members to settle disputes peacefully and lists appropriate dispute resolution processes. This project has two aspects. First, it seeks to identify and apply relevant aspects of feminist theory to the processes of international dispute resolution, by analysing the concept of collective security which underpins the UN Charter system of dispute resolution. It will examine the way that notions of international and regional peacemaking, peacekeeping, preventive diplomacy and peacebuilding can be developed and deployed to ensure that women are involved at all levels of dispute management and resolution. Second, the project will involve case studies of attempted dispute management and resolution in the context of conflicts in the former Yugoslavia, Africa (primarily Rwanda), the Pacific and South America.

Hilary Charlesworth
(with Jean-Marc Coicaud, United Nations University, Tokyo)
Sources of International Legitimacy in Security Crises
(United Nations University Grant)

This project is investigating the way that the management of multilateral security crises is affected by various understandings of legitimacy. Why do certain principles of international law appear more legitimate than others? What is the nature of the distinction between legality and legitimacy? The project involves a number of international legal scholars from Australia, Canada, the United States, the United Kingdom, Finland, India, Japan, Sri Lanka and Tanzania.

Peter Bailey
Research on the way the courts have treated the decisions of state Equal Opportunity Commission tribunals and the Human Rights and Equal Opportunity Commission when cases have come to them on appeal from the tribunals. In an earlier part of the study, differences emerged between the treatment of state and commonwealth bodies (published by CCH in the ANZ Equal Opportunity Reporter Newsletter) and the focus is now on qualitative aspects, for example, is the different treatment the result of one or other group being more 'conservative' or 'radical'?

Research into the processes by which international human rights standards have been implemented in commonwealth legislation, and into the work and achievements of the Human Rights and Equal Opportunity Commission, using the Paris Principles as a base. These and other matters are for a new book provisionally titled The Human Rights Enterprise.

James Stellios
Section 80 of the Australian Constitution
(ANU New Starters Grant Scheme)

Section 80 of the Constitution requires that a trial for a Commonwealth offence be by jury. There has been much uncertainty surrounding the interpretation of this fundamental provision. Early judicial interpretation gave this section a very limited operation. However, there have been persistent views that consider the provision to be a fundamental constitutional guarantee that should provide greater protection. This project will consider the proper role of this provision by considering the historical and constitutional context, the comparative position in other legal systems and provide an analysis of High Court decisions.

Phillipa Weeks
Re-Thinking Public Sector Employment in the 21st Century

In collaboration with Professor Marilyn Pittard, Monash University, editing a collection of papers presented at 'Re-Thinking Public Sector Employment in the 21st Century' workshop held at Monash University in December 2001. Invited participants came from the UK and New Zealand as well as Australia, and the papers will provide a multi-disciplinary focus on contemporary public sector employment.

Labour law

A project is in the development stages on looking at 'marginal' aspects of labour law such as volunteers, apprentices and trainees, child labour, police and armed services. These areas have been neglected or underexposed in contemporary labour law research.

Fiona Wheeler
The Use of High Court Judges to Discharge Non-Judicial Functions: A Centennial Analysis
(Faculties Research Grants Scheme)

This project aims to explore a key aspect of the evolving role of the High Court of Australia: the use of High Court judges to discharge non-judicial functions. The extent to which High Court judges have engaged in these activities (eg Royal Commissions) has altered significantly over the life of the Court. This reflects changed understandings about judicial independence in Australian society. The project aims to produce publication/s, appearing in the High Court's centenary year (2003), which analyse these changes and discuss the appropriate future role of the High Court in our legal and political landscape.