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Why is your research important?
The thesis investigates how the freedom of expression and the right to privacy are balanced in the digital ecosystem within the African human rights system. While the Internet has opened new frontiers of freedom of expression, it is also eroding protections for privacy, necessitating a balance between the two rights. Specifically, it seeks to examine two issues that of major concern in Africa when it comes to human rights in the digital space: publication of personal information, and the right to be forgotten.
Areas of expertise:
Human Rights in the Digital Age; Freedom of Expression; Privacy; Media Law; African Human Rights System; Third World Approaches to International Law.
Research Centre affiliation:
Orcid IDs:
https://orcid.org/0000-0002-2493-1374
Publications/submissions:
- Untrodden paths towards the right to privacy in the digital era under African human rights law, (2022) 12 International Data Privacy Law 1 (OUP) 16-32.
- From Digital Authoritarianism to Platforms’ Leviathan Power: Freedom of expression in the digital age under siege in Africa, (2021) 15(1) Mizan Law Review, 455-492.
- Assessing the limitations to freedom of expression on the internet in Ethiopia against the African Charter on Human and Peoples’ Rights’ 20 African Human Rights Law Journal 1 (2020) 315-345.
- Defining ‘Hate Speech’ under the Hate Speech Suppression Proclamation in Ethiopia: A Sisyphean exercise? 12 Ethiopian Human Rights Law Series (2020), 57-79.
- The Internet shutdown muzzle(s) freedom of expression in Ethiopia: competing narratives, (2019) 28 Information & Communications Technology Law 2, 208-224.
- Digital crossroads: continuity and change in Ethiopia’s digital citizenship, co-authored with Atnafu Berhane, forthcoming in Tony Roberts and Tanja Bosch (eds), Digital Citizenship in Africa, ( Bloomsbury Press, 2022).
- How internet shutdowns have affected the lives of millions of Ethiopians, Op-ed, The Conversation, April 2, 2020
- Why Ethiopia’s One-Year-Old Hate Speech Law is Off the Mark, The Conversation, 15 February 2021.
Teaching experience:
- Lecturer in Law, School of Law, Bahir Dar University, Ethiopia Sep 2019- Feb 2020 *Taught Media Law to undergraduate students, Construction Law to graduate students and supervising LLM students
- Lecturer in Law, School of Law, Samara University, Ethiopia Jul 2017-Aug 2019 *Taught undergraduate law students Media Law and International Humanitarian Law
Industry experience:
- Assistant Lecturer, Department of Law, Samara University, Ethiopia Sep 2014- Jan 2016 *Taught various undergraduate courses such as Law of Property, Administrative law, Public International Law
Why is your research important?
The Indian economy has been built on the backs of its State-Owned Enterprises (SOEs), which have historically occupied a dominant role in several key industries such as telecommunications, energy, power, and financial services. As India moves from an era of socialism post its independence from Britain, to one of liberalisation and adoption of free market principles, it is imperative that any advantages enjoyed by Indian SOEs are eliminated. The concept of competitive neutrality advocates for a regulatory framework in which SOEs and private enterprises subscribe to the same set of rules, and where State contact or influence does not bring any competitive advantages to any market participant. Although India’s current competition legislation applies to all enterprises, there is no codified policy of competitive neutrality precluding the existence of benefits accruing to SOEs due to State influence. Such benefits can cause market distortion to both domestic and international competition. Moreover, there is no policy on how SOEs are to be divested to prevent situations of rushed divestments that would lead to concentration of market power in the hands of existing players.
This research examines potential instances of market distortion by Indian SOEs, both nationally and internationally, with a focus on the sectors of telecommunications, energy, and power. Specifically, the research deliberates upon the need for a multi-jurisdictional competitive neutrality policy and discusses approaches to the suitable divestment of SOEs.
Supervisors:
Associate Professor Emmanuel Laryea, Dr. Mel MarquisAreas of expertise:
Competition Law, Corporate Law, International Trade Law
Orcid IDs:
0000-0003-1794-3980
Publications/submissions:
- Prateek Bhattacharya, 'Competition Commission of India’s “control” conundrum – practice, precedent, and proposals' (2021) 17(2) European Competition Journal [473]
- Prateek Bhattacharya, 'Suo Moto Powers of the CCI: A Road Mired with Procedural Potholes' (2020) 2(2) Courts & Justice Law Journal [233]
- Prateek Bhattacharya, 'India’s Insider Trading Regime: How Connected are you?' (2019) 16(1) NYU Journal of Law & Business [1]
Teaching experience:
- 2019-2022, A Practitioner's Approach to Competition Law in India, Faculty of Law, O.P. Jindal Global University, India
- 2018-2021, Company Law, Faculty of Law, O.P. Jindal Global University, India
Industry experience:
- 2014-2018, Associate/ Senior Associate, Competition Law Department, Shardul Amarchand Mangaldas & Co., India
Why is your research important?
Every year, more than 22,000 deaths are reported to coroners around Australia. Almost every deceased person leaves behind a family of some kind. The goal of coronial systems is to ‘speak for the dead to protect the living’. These systems have a therapeutic mission: that of protecting society. But what of these families who become involuntarily involved in these systems, following a relative’s death? How might this legal jurisdiction extend its duty of protection and therapy from a macro level (society), to a micro level – supporting the families? This individualised goal is a logical extension of the well-established protective goal of the coronial system. As such, this thesis argues that it is crucial that research be pursued to prevent the need for, or best handle families’ complaints, disputes and appeals. This thesis investigates the application of frameworks from dispute resolution and complaints handling to coronial systems and their potential to improve families’ experiences of complaints and disputes. To this end, this thesis uses empirical methods and data generated through analysis of Supreme Court judgments, coronial findings, complaints files and interviews with key stakeholders.
Supervisors:
Associate Professor Genevieve Grant, Associate Professor Yee-Fui Ng, Associate Professor Jacqui HoranAreas of expertise:
NMAS Mediator, FDRP, Teaching Associate (Mediation)
Research centre affiliation:
Victorian Institute of Forensic Medicine
Publications/submissions:
Carol Brennan, Tania Sourdin, Jane Williams, Naomi Burstyner and Christian Gill, ‘Consumer Vulnerability and Complaint Handling: Challenges, Opportunities and Dispute System Design’ (2017) 41(6) International Journal of Consumer Studies 638-646.
Naomi Burstyner, Tania Sourdin, Chinthaka Liyanage, Bahadorreza Ofoghi, John Zeleznikow, ‘Using Technology to Discover more about the Justice System’, (2017) Rutgers Computer and Technology Law Journal, in press [lead author, 12,111 words].
Naomi Burstyner, Tania Sourdin, Chinthaka Liyange and Bahadorreza Ofoghi, ‘Why Do Some Civil Cases End Up in a Full Hearing? Formulating Litigation and Process Referral Indicia Through Text Analysis’, (2016) 25(4) Journal of Judicial Administration 257-295 [lead author, 12,701 words].
Tania Sourdin and Naomi Burstyner, ‘Justice Delayed is Justice Denied’, (2014) 4(1) Victoria University Law and Justice Journal 46-60.
Tania Sourdin and Naomi Burstyner, ‘Cost and Time Hurdles in Civil Litigation: Exploring the Impact of Pre-Action Requirements’, (2013) 2(2) Journal of Civil Litigation and Practice 66-84.
Naomi Cukier, ‘Lawyers Acting as Mediators: Ethical Dilemmas in the Shift from Advocacy to Impartiality’, (2010) 21(1) Australasian Dispute Resolution Journal 59.
Melissa Conley Tyler and Naomi Cukier, ‘Making it Fresh: Ideas for Teaching Negotiation Skills, (2006) 9(4) ADR Bulletin Article 2, 65-71.
Melissa Conley Tyler and Naomi Cukier, ‘Nine Lessons for Teaching Negotiation Skills’, (2005) 15(1&2) Legal Education Review 61.
Book Chapters
Tania Sourdin and Naomi Burstyner, ‘Australia's Civil Justice System: Developing a Multi-Option Response’ in Carol R Flango et al. (eds), Trends in State Courts 2013: 25th Anniversary Edition (Vancouver: National Center for State Courts, 2013), 78-84.
Other
Naomi Burstyner, Adrian Carter, Anne-Maree Farrell, ‘Brain Stimulation is Getting Popular with Gamers – Is It Time to Regulate It?’ The Conversation, 17 October 2016. Available at: https://theconversation.com/brain-stimulation-is-getting-popular-with-gamers-is-it-time-to-regulate-it-66845
Tania Sourdin and Naomi Burstyner, ‘Alternative Dispute Resolution’, (2014) SAGE Encyclopedia of Criminal Justice Ethics (online).
Research Reports
Tania Sourdin, Naomi Burstyner, Lisa Wulfsohn and Christine Kain, ‘WorkCover in WA Conciliation and Arbitration Services Evaluation’ Final Report, Australian Centre for Justice Innovation, March 2016.
Teaching experience:
2012-2022, Mediation A: Foundations of mediation (LAW5411), Postgraduate Law Faculty, Monash University, Australia
2012-2022, Mediation B: Essential skills for practice and accreditation (LAW5412), Postgraduate Law Faculty, Monash University, Australia
Why is your research important?
The thesis will identify and evaluate mechanisms aimed at building community confidence in sentencing in Victoria. It will interrogate whether community views are being properly invoked in the public policy debate by building an evidence-base of the capacity for reforms to shape community confidence. I am to build a theory of community confidence that supports a model of influence which appropriately harnesses community views while ensuring sentencing reform has a solid policy and evidence base.
Areas of expertise:
Sentencing, Sentencing; Criminal Law; Law Reform; Public Policy
Teaching experience:
Unit Coordinator/eLearning Advisor, Swinburne University in sentencing law and criminal law
Industry experience:
Public policy professional with experience leading large criminal law reform projects for the Victorian Government. Previously a senior associate at the Victorian Court of Appeal. Background in sentencing policy and parliamentary research.
Why is your research important?
This thesis critically examines the degree to which the policies and practices of the Asian Development Bank (ADB) are consistent with, and informed by, women’s right to food. The ADB, the largest regional development bank in Asia Pacific, has a crucial role in addressing food insecurity in the region, which is home to the world’s largest number of hungry people. Despite this, there has been no scholarly research undertaken on the impact of ADB’s work on the enjoyment of the right to food or even on human rights in general. Research on the human rights impact of the operations of international financial institutions (IFI) has so far focussed on the World Bank and the International Monetary Fund, and these studies have not addressed women’s rights in a substantive way. The focus on women is crucial considering gender-specific issues that hamper women’s ability to access food or the resources to procure food. Further, there has not been an in-depth research on IFIs that specifically focus on the right to food, which, again, is a crucial area of study given the enduring problem of hunger and food insecurity and the important role of IFIs in addressing global hunger. This thesis will therefore fill significant gaps, first, by focusing on the ADB—a key regional institution—that has not been given enough attention; second, by focusing on the right to food; and third, by using a substantive gender equality perspective, an endeavour that has not been undertaken to date.
Under international human rights law, the right to food has become a widely accepted legal and normative framework for addressing the problem of food insecurity. However, the thesis argues that the right to food, by itself, is insufficient to tackle women’s food insecurity. The right to food therefore needs to be complemented by a substantive equality perspective that takes into account and addresses gender-based inequalities in access to food.
Supervisors:
Associate Prof. Mai Sato; Prof. Paula Gerber; Associate Prof. Heli AskolaAreas of expertise:
international human rights law; women's human rights; gender equality; death penalty
Research centre affiliation:
Fellow, Eleos Justice; PhD Affiliate, Castan Centre for Human Rights Law
Publications/submissions:
- Delanie Woodlock, Christopher Alexander, Leavides Domingo-Cabarrubias, et al., Legal Tech for Justice - Enhancing access to justice in family violence legal services (Australian Centre for Justice Innovation, 2022) https://bridges.monash.edu/articles/report/Legal_Tech_for_Justice_-_Enhancing_Access_to_Justice_in_Family_Violence_Legal_Services_Monash_University_Australian_Centre_for_Justice_Innovat_pdf/20173784?file=36070901&fbclid=IwAR3CvnMdQEQv-piTOwJ9L5uhqsGxPT6k0ujXZHo1xxolilWK565NVWAGf7Q;
- ‘Increasing Women’s Access to Water and Sanitation in Azerbaijan: The Water Supply and Sanitation Investment Program’, in Gender in Infrastructure: Lessons from Central and West Asia (Asian Development Bank, 2019), https://www.adb.org/publications/gender-infrastructure-central-west-asia
- ‘Gender Matters in the Call Center Industry: A Review of Literature on the Effects of Call Center Work on Women’ (2011) 21(2) Review of Women’s Studies 72-95, http://journals.upd.edu.ph/index.php/rws/article/view/4282
- ‘Barangay UP Campus and the Family and Community Healing Center: A case study on local gender budgeting’, available at http://www.academia.edu/26393158/BARANGAY_UP_CAMPUS_AND_THE_FAMILY_AND_COMMUNITY_HEALING_CENTER_A_case_study_on_local_gender_budgeting1
Teaching experience:
- 2016, Senior Lecturer, College of Arts and Sciences, Miriam College, Philippines
2009-2010, Senior Lecturer, College of Arts and Letters, University of the Philippines
2007-2008, Lecturer, College of Law, Northwester University, Philippines
1996-2001, Instructor, College of Arts and Letters, University of the Philippines
Industry experience:
- 2022, Fellow, Eleos Justice, Monash University, Australia
2022, Academic Research Assistant, Monash Faculty of Law, Australia
2017-2019, Gender Specialist, Asian Development Bank, Philippines
2016-2017, Chief Political Affairs Officer, House of Representatives, Philippines
2016,Technical Writer, Commission on Human Rights, Philippines
2012-2015, Gender Specialist, Asian Development Bank, Philippines
2005-2011, Public Attorney II, Public Attorney’s Office, Philippines
Why is your research important?
The thesis examines the role of the concept of solidarity in international law, specifically in the context of the realisation of human rights. In doing so, it will consider both historic and contemporary uses of solidarity. Karin is particularly interested in examining normative and institutional developments of solidarity at the UN level, notably by special procedures. The thesis aims to identify and analyse the complexities of solidarity and its implications in the field of international human rights law. Obtaining further clarity about this concept is particularly timely given the weight placed upon solidarity for the resolution of a growing number of global crises, including climate change and pandemics.
Supervisors:
Dr Richard Joyce (Main); A/Prof Julie Debeljak (Associate); Prof Philippa Webb (External - King's College London)Areas of expertise:
International Human Rights Law; Public International Law
Research centre affiliation:
Castan Centre for Human Rights Law
Publications/submissions:
‘Solidarity in a Digitalised World: The Need for a New Operating System?’ in Cecilia M Bailliet (ed), Research Handbook on International Law and Solidarity (Edward Elgar) (Forthcoming) (Author)
‘Similarity, Difference or None of the Above?’, Castan Centre for Human Rights Law (Blog Post, 20 December 2021)
‘The Use of Force in Detention and Other Closed Environments’, Castan Centre for Human Rights Law (Report, 2020)
‘Inquiry into the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019’, Castan Centre for Human Rights Law (Submission to the Parliamentary Joint Committee on Intelligence and Security, October 2019)
‘Inquiry into Press Freedom’, Castan Centre for Human Rights Law (Submission to the Senate Environment and Communications References Committee, August 2019)
‘Standing with Afghanistan: Women’s Rights and the Role of International Law’, Opinio Juris (Blog Post, 6 August 2021)
‘Note on Draft General Comment No. 26 (2021) on Land and Economic, Social and Cultural Rights’, Castan Centre for Human Rights Law (Submission to the Committee on Economic, Social and Cultural Rights, August 2021)
‘Housing Discrimination’, Castan Centre for Human Rights Law (Submission to the UN Special Rapporteur on the Right to Adequate Housing, May 2021)
‘The Impact of Sexual Violence in Residential Aged Care on the Rights of Older Women’, Castan Centre for Human Rights Law (Submission to the Independent Expert on the Enjoyment of Human Rights by Older Persons, May 2021)
‘A Human Rights Analysis of the Impacts of COVID-19 on Persons in Australian Residential Aged Care’, Castan Centre for Human Rights Law (Submission to the Independent Expert on the Enjoyment of Human Rights by Older Persons, February 2021)
‘Perspectives from Australia on the Impact of the COVID-19 Pandemic on the Administration of Justice’, Castan Centre for Human Rights Law (Submission to the Special Rapporteur on the Independence of Judges and Lawyers, February 2021)
‘Women’s and Girls’ Sexual and Reproductive Health and Rights in Situations of Crisis’, Castan Centre for Human Rights Law (Submission to the OHCHR Working Group on Discrimination against Women and Girls, August 2020)
‘Inquiry into the Victorian Government’s Response to the COVID-19 Pandemic’, Castan Centre for Human Rights Law (Submission to the Victorian Parliament’s Public Accounts and Estimates Committee, August 2020)
‘AHRC Discussion Paper on Human Rights and Technology’, Castan Centre for Human Rights Law (Submission to the Australian Human Rights Commission, January 2020)
‘Religious Freedom Bills: Second Exposure Drafts’, Castan Centre for Human Rights Law (Submission to the Attorney-General’s Department, 31 January 2020)
‘Children of Foreign Fighters: Australia’s Responsibility to Repatriate’, Castan Centre for Human Rights Law (Blog Post, 20 November 2019)
Teaching experience:
- 2020 - 2021, Sessional Teaching Associate, Faculty of Law, Monash University (LAW4811)
Industry experience:
- Alongside her PhD, Karin co-founded and runs the Ham Diley Campaign, an informal initiative of human rights lawyers, which has been supporting families at risk in Afghanistan through case work and advocacy. Prior to starting her PhD, Karin worked as a Researcher and Policy Manager at the Castan Centre for Human Rights Law. Before joining the Castan Centre, she held advocacy positions at human rights organisations in the UK and Thailand and interned with UNHCR and ARTICLE19. Karin is admitted as an Australian Lawyer in Victoria and is an Emergency Services Volunteer with the Australian Red Cross.