Justice, policy and law reform within the Asia-Pacific region: JPLR (APAC)

Justice, policy and law reform within the Asia-Pacific region: JPLR (APAC)

Research cluster

Background

The JPLR (APAC) research cluster proposes to build on the research strength of the members of the cluster in the field of research in both private and public law with special emphasis on the Asia-Pacific (APAC) region. The comparative strength of the members in the proposed JPLR (APAC) research cluster has been demonstrated over a sustained period of time as evidenced by high quality research publications including research grant projects. Importantly, the research publications by each member of the cluster has demonstrated a strong and continued commitment to pursue interdisciplinary research within FoR code 1801 Law and Legal Studies, emphasising and highlighting the importance of three pillars, namely justice, policy and law reform within the APAC region.

Program of research

Justice: This research theme focuses on one of the fundamental aspects underpinning the rule of law. Justice in the form of economic and legal equality, the protection and promotion of human rights, climate and environmental protection, migration, the alleviation of poverty and homelessness have all emerged as significant and worthy objectives for the overall global community including the APAC region.

Law reform: The application of the rule of law remains one of the key avenues for the resolution of disputes involving APAC member states without military intervention. Dispute resolution remains an important function of legal systems at the domestic and international level. Law reform and legal inquiry continue to provide an important avenue for member states in APAC to reflect and renew legal processes, systems and frameworks. 

Policy: Within western liberal democracies, policy has continued to play a significant role in the development of new law, and reforming existing law. Policy underpins the rule of law and provides the necessary framework for elected governments to pursue their mandate. The application of international law including the articulation of proper legal boundaries remains the only non-military and sustainable option at resolving disputes within the APAC region. 

The continuing evolving nature and challenges faced within the APAC region provides fertile ground for research, especially within the field of law (FoR code 1801). Focusing on the common themes of justice, policy and law reform the JPLR (APAC) cluster research group aims to fill a gap in current legal research, literature and discourse within this strategic region.

Cluster members

The cluster members have extensive research expertise in FoR Code 1801 Law and Legal Studies with specific application to emerging legal issues in the APAC region. 

If you are interested in exploring the opportunities to work with cluster members, please contact the cluster leads.

Professor Tony Ciro (Professor in Law) (Cluster Leader) at tony.ciro@acu.edu.au

Dr May Cheong (Senior Lecturer in Law, Deputy Head of School) (Cluster Deputy Leader) at may.cheong@acu.edu.au

Dr M. Ehteshamul Bari (Senior Lecturer in Law)

Dr Brendon Murphy (Senior Lecturer in Law)

Dr Amanda Alexander (Lecturer in Law)

Selected publications

A. Alexander, The “Good War”: Preparations for a War against Civilians’ (2019) 15 Law, Culture and the Humanities 227. 

A. Alexander, ‘International Humanitarian Law, Postcolonialism and the 1977 Geneva Protocol I’ (2016) 17 Melbourne Journal of International Law 15.

A. Alexander, ‘A Short History of International Humanitarian Law’ (2015) 26 European Journal of International Law 109.

M. Ehteshamul Bari, States of Emergency and the Law: The Experience of Bangladesh (London & New York: Routledge, 2020) pp 282.

M. Ehteshamul Bari and Safia Naz,The Use of Preventive Detention Laws in Malaysia: A Case for Reform(Singapore: Springer, 2020) pp 146.

M. Ehteshamul Bari, ‘Preventive Detention Laws in Bangladesh and Their Increased Use during Emergencies: A Proposal for Reform’ (2017) 17(1)Oxford University Commonwealth Law Journal pp 45-74.

May Fong Cheong & Kendy Ding, ‘From Unconscionability to Unfairness: A Critique of Hong Kong’s Unconscionable Contracts Ordinance with Australian Developments’ (2018) 35 Journal of Contract Law 118-145.

May Fong Cheong & Pornchai Wisuttisak ‘Competition Law, State-Owned Enterprises and Regional Market Integration in ASEAN'in Burton Ong (ed), The Regionalisation of Competition Law and Policy within the ASEAN Economic Community, Cambridge University Press, 2018, 94-139.

May Fong Cheong & Yin Harn Lee ‘Specific Remedies and Money Awards in the Protection of the Performance Interest under Malaysian Contract Law’ in Chen-Wishart, Loke & Ong, Studies in the Contract Laws of Asia, Remedies for Breach of Contract,Oxford University Press, 2016, 325-369.

T. Ciro, Global Financial Crisis: Triggers, Responses & Aftermath, (London: Routledge 2012) (270++ pages).

T. Ciro, Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms, (2020) 31(2) Journal of Banking and Finance Law and Practice, 141-161.

T. Ciro and B. Terzioglu, Financial Reporting and Disclosure of Intangible and Intellectual Property Assets by Australian Listed Entities, (2020) 48(1) Australian Business Law Review, 67-88.

B Sheehy, C Boddy, B Murphy, ‘Corporate Law and Corporate Psychopathy’ (2020) Psychiatry, Psychology, and the Law (Online)

B Murphy, ‘The Technology of Guilt’ (2019) 44 Australasian Journal of Legal Philosophy 64

B Murphy & J McGee, ‘Phronetic legal inquiry: An effective design for law and society research? (2015) 24(2) Griffith Law Review 288