Law, Governance & Development Initiative

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The Law, Governance and Development Initiative brings together experts from the ANU College of Law and the ANU College of Asia and the Pacific to identify, research and analyse the relationship between law, governance and development in developing countries across the Asia-Pacific region, Africa and the Middle East.

Last updated date

11.27am Monday 27 February 2017

Recently

25
May
2016
Visit to Yangon University, Myanmar to teach HDR research skills

Mark Nolan visited Yangon University in Myanmar as part of a project run by the Australian Government Department of Foreign Affairs and Trade, designed to teach HDR research and supervision skills. Mark is also an active member of the ANU Myanmar Research Centre.

Latest news

24
Oct
2017
Two people shacking hands in corporate setting
Inadequate whistleblower laws have come under scrutiny in a new book which urges sweeping law reform for Australia in a wide range of areas.
28
Sep
2017
Moeen Cheema
ANU College of Law Senior Lecturer Moeen Cheema has been granted an Australia Awards Fellowship to analyse the rule of law dimensions of the China-Pakistan Economic Corridor (CPEC).
11
Aug
2017
Coffee Beans
What are some factors in regulating corporate action and transparency on human rights risks across supply chains?
06
Jul
2017
child buries face in hands
The Royal Commission into Institutional Responses to Child Sexual Abuse has released a new research report about how memory affects child sexual abuse prosecutions.
09
Jun
2017
Fishing trawler
Anti-slavery legislation is a good start, but if we want a future where goods are produced free of slavery it requires government, business and consumers to all be pulling in the same direction, Jolyon Ford writes.

In the Media

29
May
2017

Envoy lauds expansion of Australia’s Global Alumni Network

Moeen Cheema is honoured in The Nation

Research theme:
25
May
2017

Australia Awards Fellows discuss criminal justice reform in Pakistan

Moeen Cheema is honoured in The News (International)

Research theme:
24
May
2017

Australia Awards fellows discuss criminal reforms in Pakistan

Moeen Cheema is honoured in Associated Press of Pakistan

Research theme:
31
Mar
2017

Australia may be more forthright with PNG in future says academic

Bal Kama speaks to Radio Australia

14
Feb
2017

What Pakistan can teach us about the law

Haya Zahid; Omar Maniar interviewed by ABC Radio Canberra

Research theme:

Upcoming events

No upcoming events found.

Past events

08
May
2017

Wellbeing in the Law Week - Mon 8 to Fri 12 May

Wellbeing week
12.00PM to 5.00PM

The ANU College of Law is committed to health and wellbeing in the law, for all our students and academic and professional staff. This is the inaugural Wellbeing in the Law Week, presented by the ANU College of Law Wellbeing Initiative and the ANU Law Students' Society.

20
Sep
2016

Recent developments in investment agreements: The trend towards greater government control in investor-state disputes

Event image
12.30PM to 1.30PM
  • Richard Braddock, Lexbridge Partners

In recent years there have been growing concerns about the potential risks of investor-State dispute settlement (ISDS) in relation to legitimate government regulation.

‘Good governance’, ‘rule of law’, ‘access to justice’ and ‘structural reforms’ remain high on the agenda of international development and aid agencies, governments, local non-governmental organisations and civil society activists in developing, post-conflict and transitional States.

Within this context, and leveraging the unique regional position and perspective of the ANU, the Law, Governance and Development Initiative at ANU examines the role of law in promoting social and economic development, and offers a critical analysis of the reform agenda and its theoretical foundations.

Through the initiative, academics and students explore the role that local, national and international systems of law and governance play in fostering social, economic and political change.

In addition to considering historical shifts and current trends – including those being seen in Asia and the Pacific – the initiative, and the LGD stream in our Master of Laws program introduce students to a range of theoretical tools, and strengthens their ability to think critically and creatively about the links between law, governance and development.

 

Directors


Moeen Cheema
Senior Lecturer

Rebecca Monson
Senior Lecturer

Members


Jolyon Ford
Associate Professor

Kath Hall
Associate Professor

Mark Nolan
Associate Professor

Higher degree research students


Sarah Bishop
PhD Candidate

Abhichon Chandrasen
PhD Candidate

Caroline Compton
PhD Candidate

David Healey
SJD Candidate

Bal Kama
PhD Candidate

Carol Lawson
PhD Candidate

Carolyn Penfold
PhD Candidate

Affiliates

Professor William Maley
Professor of Diplomacy
Asia-Pacific College of Diplomacy ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Ms Siobhan McDonnell
Post-Graduate
Pacific Institute College of Asia and the Pacific
The Australian National University
Canberra, Australia
Veronica Taylor
Professor
Regnet School of Regulation and Global Governance, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Miranda Forsythe
Associate Professor
Regnet School of Regulation and Global Governance, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
John Braithwaite
Distinguished Professor
Regnet School of Regulation and Global Governance, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Sinclair Dinnen
Associate Professor and School Deputy Director (Research)
Coral Bell School of Asia-Pacific Affairs ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia

Advisory board

Lecturer
ANU College of Law
The Australian National University
Canberra, Australia
Rebecca Monson
Lecturer
ANU College of Law
The Australian National University
Canberra, Australia
Associate Professor Jolyon Ford
Associate Professor
ANU College of Law
The Australian National University
Canberra, Australia
Associate Professor Kath Hall
Associate Professor
ANU College of Law
The Australian National University
Canberra, Australia
Professor
ANU College of Law
The Australian National University
Canberra, Australia
Sinclair Dinnen
Senior Fellow
State, Society & Governance in Melanesia Program (SSGM), School of International, Political & Strategic Studies, ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia
Veronica Taylor
Dean
ANU College of Asia and the Pacific
The Australian National University
Canberra, Australia

The Law, Governance and Development Initiative conducts its research projects under a number of Clusters. These Clusters and projects, as well as those involved in their delivery are outlined below.

Projects & clusters

Access to Justice

Contact: Elizabeth Curran

The Access to Justice research cluster explores the roles and responsibilities carried by legal professionals and lawmakers in making justice accessible to all members within our communities. The rule of law and human rights protection fails to the extent that access to justice is denied. This project is focused on examining the difficulties faced in accessing justice by vulnerable and disadvantaged members of society, as well as the vital role performed by community legal centres and similar legal services.


Understanding the Link Between “Victim” and Perpetrator Status

Understanding the Link Between “Victim” and Perpetrator Status for Thai Women Convicted of Trafficking and Enslaving Thai Women in Australia’. Mark Nolan will be presenting on this in Nov 2016 for the Thai Studies network seminar series at ANU. Tivani Wong and Tara Peramatukorn have been research assistants on this project.

Project leader: Mark Nolan

Rule of law promotion

Contact:

Legal and judicial reform, or 'rule of law promotion', is a priority for international organisations, aid agencies and national governments. The elasticity of the rule of law concept allows it to be invoked in support of conflict prevention and peace-building, political transition, human rights, and the promotion of economic development. Operationally, rule of law project design and programming are converging worldwide. Yet, as rule of law promotion expands its geographic reach to new conflict zones and in to Asia, diversity in local political, economic and social environments becomes more obvious. Projects under this cluster explore what happens when the promotion of global rule of law confronts local realities.

Collaborators:

  • Veronica Taylor: Professional standards in law and development
  • William Maley: Rule of law reform (Afghanistan); migration and human rights law.
  • Moeen Cheema: Judicial strengthening and reform (Pakistan)
  • Kath Hall: Corruption and corporate governance
  • Mark Nolan: Jury reform in Japan, comparative law (Asia, esp Thailand), legal and social psychological theories of justice and human rights

Trends in Corrections: Interviews with Correctional Leaders from Around the World (Volume 3)

Mark Nolan is co-editing, with Martha Hurley and Dilip Das, the third volume on corrections leaders from around the world for CRC Press/Taylor and Francis on behalf of the International Police Executive Symposium. It is due to be submitted to the publisher in October 2016.

This volume will have a focus on Asian correctional system leaders and will have interviews with leaders from Japan, Philippines, Thailand, Indonesia. For the two earlier volumes see http://ipes.info/publications/interview-series-of-books/corrections/

Project leader: Mark Nolan
Minimum Age of Criminal Responsibility

Minimum Age of Criminal Responsibility in the Shadow of the Views of the UN Committee on the Rights of the Child: A Thai Case Study is a paper in preparation.

Project leader: Mark Nolan
Rule of law promotion

Report:

Community Officer Project, Solomon Islands (PDF, 1.5MB) – Research Report, May 2012

Project leader: Moeen Cheema
Collaborators: Kath Hall, Mark Nolan

State fragility and armed conflicts

Contact:

Fragile states are countries that face particularly grave poverty and development challenges and are at high risk of further decline—or even failure. Government and state structures lack the capacity (or, in some cases, the political will) to provide public safety and security, good governance and economic growth for their citizens.

All fragile states are different and their fragility has many causes all of which contribute to dismal growth prospects. These include weak governance, failing public institutions, instability or conflict. People living in fragile states are more likely to die early or suffer from chronic illnesses, and less likely to receive a basic education or essential health services. This Cluster includes a range of projects that are designed to improve state capacity in the field of law and legal institutions.

Collaborators:


Building democracty and justice after conflict

Through national and international collaboration this project sought to develop not only innovative theoretical models to ground international norms about governance and justice after conflict, but also practical proposals to implement them.

This project has been funded through Hilary Charlesworth’s ARC Federation Fellowship (2005-2010) and an ARC Discovery Grant.

Peacebuilding compared

United Nations, African Union and other peacekeeping has grown. What are the kinds of interventions that create wars and make things worse for people? How can peacebuilding contribute to justice and development? How do war and peace cascade from one hot spot to another? How can peacebuilding be locally responsive and restorative as it transforms structural causes of war?

International development law

Contact:

International development law has evolved to include a broad, holistic approach to development and embrace many of international law’s specialisations from human rights, environmental law, law of the sea, trade and development and the law of international institutions.

Collaborators:

  • Hilary Charlesworth: International Governance and Justice; the UN Security Council and the rule of law.
  • Don Rothwell: Law of the Sea, International Law and Use of Armed Force, International Humanitarian Law, Military Operations Law.
  • Anne McNaughton: EU and Pacific Island Country relationships
  • Don Anton: International environmental law 
  • Hitoshi Nasu: International security law
  • Fanny Thornton: Climate change and displacement
  • Michael Eburn: International disaster relief law.
  • Rob McLaughlin: Law of Armed Conflict

UN Security Council and the rule of law

This is a Linkage Project between the ANU Centre for International Governance and Justice and the Australian Government’s Australian Civil-Military Centre, funded by the Australian Research Council.

Students at The Australian National University can explore issues of law, governance and development through several postgraduate programs.

ANU College of Law

The Law, Governance and Development Masters specialisation  offered by the the ANU College of Law considers the role of law in a development context. It examines international and national legal perspectives on issues of governance and development and includes a focus on current case studies in the Asia Pacific region.   This specialisation is available at the Graduate Diploma and Masters level, and to both law and non-law graduates. 

ANU College of Asia and the Pacific

The Master of Applied Anthropology & Participatory Development provides students an understanding of the principal ways in which critical social inquiry and participatory processes can be applied to the design, implementation, monitoring and evaluation of development activities and is designed for those who have developed an interest in the application of anthropology's critical methods and styles to social issues in development.

The Master of Diplomatic Studies focuses on the theory and practice of modern diplomacy, and is ideal for those whose professional role might involve a solid understanding of transnational diplomacy, and its contemporary challenges, whether this be with a civil service department, multilateral body, international corporation or non-government organization.

Higher Degree Research opportunities

There are a range of research opportunities with the law, governance and development initiative as we seek to expand the research being undertaken into law and development related fields. Interested students are currently undertaking research through a Doctor of Philosophy or Master of Philosophy with either the ANU College of Asia and the Pacific or the ANU College of Law or a Doctor of Juridical Science with the ANU College of Law.

Moeen Cheema

Moeen's thesis aims to present a contextualized history of the law in postcolonial Pakistan and situate the judicial review jurisprudence of the superior courts, in particular their recent activism and consequential populism, in the contexts of the historical developments of constitutional politics, evolution of state structures and broader social transformations.  It will show how in each epoch of the post-colonial state’s history the superior courts positioned themselves within the state and vis a vis the demands that different segments of the society placed upon the state and its institutions. It will bring forth evidence demonstrating that the courts did not define their role in accordance with certain abstract theories of constitutionalism, rule of law and separation of powers that had been deeply imbricated in the post-colonial state’s self-justifications. Rather, these courts re-situated themselves from time to time and re-fashioned their role in accordance with the perceived demands of fundamental shifts in constitutional politics, state structure and state-society dialectics. In the process, these courts re-cast the theoretical conceptualizations of constitutionalism, rule of law, and separation of powers to better reflect their evolving role and jurisprudence. This thesis will thus present a case-study of how the superior courts in Pakistan have articulated the theoretical frameworks legitimizing their role in accordance with the contexts of state and society. A deeper understanding of these phenomena – i.e. the evolution of judicial role in response to shifts in socio-political context, and the re-crafting of theoretical frameworks to justify it – will enable us to meaningfully scrutinize the courts’ recent jurisprudence and evaluate the judiciary’s new role in Pakistan’s governance scheme. As such, it will be argued that the courts’ role is deeply political in terms of defining the nature and relevant powers of state institutions and the imperatives for their actions. 

Moeen is working with Peter Cane and Leighton McDonald.

Joe Foukona

In 2008, Joe came over to Canberra on State Society and Governance in Melanesia Pacific Visitor Program and this inspired him to apply for a doctoral scholarship through AusAID’s Australian Leadership Award. He currently holds a Bachelor of Laws and a Master of Laws from University of the South Pacific (USP), and a further Master of Laws from Victoria University (Wellington), Joe is also an experienced teacher, lecturing at USP’s Emalus Campus in Port Vila since 2004.

Joe’s research focus matches closely his keen personal interest in finding solutions to the seemingly intractable problem of the alignment in Melanesia between customary land tenure systems on one hand and state legislation, land administration and commercial demands on the other. He has been very active as a facilitator of land awareness programs in his own home community on Malaita, Solomon Islands, and working with the Solomon Islands Law Reform Commission on low and high water mark legislation. Joe now plans to look in some detail at the history of land reform programs in three Melanesian countries: Vanuatu, Solomon Islands and Papua New Guinea. Why have these programs been so unsuccessful, both in the colonial era and since independence in all three countries? Might we reach a better understanding of the terms for success by better understanding these histories of failure?

Joe is working with Chris Ballard, Daniel Fitzpatrick and Rebecca Monson.

Academic supervisors and their research interests

Staff are available to supervise research in the following areas:

  • Access to justice and legal empowerment of the poor
  • State fragility and armed conflicts
  • International law
  • Environmental law, climate change and natural disasters
  • Rule of law reform

Access to justice and legal empowerment of the poor

State fragility

 International law

Environmental law, climate change and natural disasters

Rule of law

  • Veronica Taylor: Professional standards in law and development
  • William Maley: Rule of law reform; migration and human rights law.
  • Kath Hall: Corruption and corporate governance
  • Mark Nolan: Jury reform in Japan, comparative law (Asia, especially Thailand), legal and social psychological theories of justice and human rights
  • George Barker: Law and economics

 

Activities archive

25
May
2016
Visit to Yangon University, Myanmar to teach HDR research skills

Mark Nolan visited Yangon University in Myanmar as part of a project run by the Australian Government Department of Foreign Affairs and Trade, designed to teach HDR research and supervision skills. Mark is also an active member of the ANU Myanmar Research Centre.

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team