The Asia Law and Policy Forum at UNSW Law & Justice is a network of researchers who foster and support research on law and politics in Asia.
Our aims are to:
- foster excellence in interdisciplinary research and collaboration on the legal traditions of Asia
- Support a scholarly community of outstanding researchers and mentor emerging leaders with expertise on law and policy in Asia
- Equip the next generation of graduate and undergraduate students to gain in-depth knowledge of Asia and its laws through unique elective courses
- Internships, exchange experiences and higher degree research
- Enhance wider public engagement and understanding of contemporary issues of law and governance in Asia
- Promote and enhance exchange and collaboration between UNSW Law & Justice and leading research institutions across Asia.
We’re part of a wider network of scholars working on Asia at UNSW Sydney.
- Current Projects
- Past Projects
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From 17-19 June 2026, a conference on The Military as a Legal and Constitutional Actor: Sociolegal Perspectives & Approaches will be held at the University of New South Wales (UNSW) Faculty of Law & Justice, Sydney, organised by Professor Melissa Crouch.
Workshop overview: Around the world, there are growing concerns about military coups and military rule, as well as the persistence of authoritarianism and the role of the military in the state. In many countries, the military is an institution that has either occupied, or been invited to occupy, civilian positions in the state and legal institutions. In the 21st century, during COVID-19, many governments around the world invited and enabled the military to assist with pandemic efforts, from enforcement of lockdowns to vaccine rollout. The military is also a visible legal actor or key influence on legal institutions and processes around the world, from Latin America, to Africa, Asia, and the US. In Asia, this phenomenon is salient in different forms in countries ranging from Bangladesh, Pakistan, Sri Lanka, Indonesia, Thailand and Myanmar, among others.[1] In many of these countries, individual military officers (active or retired) occupy positions in legislative, executive and judicial institutions. The presence and influence of the military raises key questions for legal scholars given that studies of modern legal systems often presume a civilian state with civilian actors.
This three-day workshop will offer opportunities for scholars to contribute to discussion and gain feedback on preliminary research into how the military uses or claims to use law and legal institutions. Participants will have the opportunity to present and receive advice on their work, contribute to exploratory discussions on this emerging area of research, including on methods; network with like-minded scholars and meet with senior scholars for career mentoring.
All scholars are welcome to apply, but for the travel bursaries, priority will be given to early/mid-career scholars, including those who are undertaking, or intending to undertake a PhD, who are from the Global South and who are currently based at universities and institutions in Asia and the Pacific, Australia or New Zealand. The country or jurisdiction that a participant chooses to present on is unlimited.
At the workshop, two days will be dedicated to conference presentations, discussion of draft papers and mentoring. A third day will focus on research methods, specifically the challenges of undertaking qualitative field work in illiberal, authoritarian and military settings. As part of the focus on methods, there will be a screening and discussion of the film-essay ‘Journey’ (2024), directed by Dr Visakesa Chandrasekaram, which focuses on studies and stories of Sri Lanka’s state-sponsored violence during the conflict and post-conflict times.
A list of indicative research themes that would be relevant to the focus of the workshop and could form the basis for applicants’ presentations, include:
- The military and constitutionalism
- The military, criminal law and transnational crime (terrorism, trafficking, drug smuggling etc)
- The military, immigration and border control
- The political economy of military involvement in governance
- The military in civilian courts
- Military-based political parties, and military involvement in elections
- The military and the use of law to respond to internal conflict
- The military and the regulation of natural disasters
- The military, crime and cities
- Research methods as it relates to law and the military
- Other topics related to the way the military uses and works through law and legal institutions (whether legally, or illegally)
We welcome empirically grounded projects on any jurisdiction that draw on history, anthropology, sociology, and other forms of interdisciplinary and sociolegal approaches.
Interested scholars should complete the application form, which requires:
- A brief explanation of why you would like to join the conference and how you would benefit from it, including your interest in staying involved in an ongoing research network on this topic (approx 300 words)
- Title of your paper and abstract of the research paper (max 800 word)
- Url link to current research profile (eg current institutional affiliation, publications), or your CV
- Indication of whether you are applying for a travel bursary (international or domestic), and if so what city/country you would be flying from/to
- quote for cost of economy airfare to Sydney
Successful participants will be asked to submit a 5-page outline of the paper they plan to present two weeks prior to the conference.
Details regarding bursaries: Funding is available for travel support based on a Law & Society Association (LSA) Advance Grant. Up to 10 bursaries will be available, with priority given to early/mid-career scholars and PhD candidates from the Asia Pacific region. An additional two bursaries are available for scholars travelling from outside of Sydney but within Australia. Preference will be given to early/mid-career scholars including PhD candidates. The travel bursaries for participants are intended to cover economy flights to Sydney, ground transport to/from Sydney airport, and 4 nights accommodation in Sydney (arriving 16 June, departing 20 June). Lunch and afternoon tea will be provided for participants at the workshop. The LSA will reimburse participants upon presentation of receipts such as flights and accommodation, (minus any bank or exchange fees). Participants are responsible for obtaining the appropriate visa and encouraged to apply well in advance; the organisers will provide a letter in support of visa applications.
Interested scholars based in Sydney who would like the opportunity to participate and present their work are also encouraged to apply.
Location of workshop: Faculty of Law & Justice, Kensington campus, Sydney, UNSW
Submission date: 2 February 2026, or until positions are filled. Early submissions are encouraged. Successful applicants will be notified by March 2026.
Application: Please apply to participate in the workshop by filling in this form.
Contact person: Professor Melissa Crouch, UNSW, melissa.crouch@unsw.edu.au
List of contributing academics: A range of LSA members and other scholars will contribute to the workshop as chairs, discussants or mentors. An indicative list of scholars who may be involved includes: Professor Amy Cohen, Temple University Beasley School of Law; Professor Ben Golder, UNSW; Professor Bronwen Morgan, UNSW; Dr Christoph Sperfeldt, Macquarie University; Dr Elisabeth Kramer, UNSW; Associate Professor Jonathan Bonnitcha, UNSW; Professor Luke McNamara, UNSW; Associate Professor Marc de Leeuw, UNSW; Associate Professor Phillip Wadds, UNSW; Associate Professor Ntina Tzouvala, UNSW; Associate Professor Vicki Sentas, UNSW; Dr Visakesa Chandrasekaram, UNSW; Dr Coel Kirkby, University of Sydney; Dr Brendan Clift, UNSW.
Accommodation options
Participants will need to book their own accommodation. On campus, New College has some guest accommodation, while nearby apartments within walking distance or access via a short tram or bus ride include Avoca Randwick, The Alison, The Lurline (formerly Randwick Lodge) and Avonmore on the Park Boutique Hotel.
Location of workshop on campus: UNSW Faculty of Law & Justice, Sydney, is located in Building F8, on lower campus of the Kensington Campus. The closest entrance gates are Gate 2 High Street or Anzac Parade. See the UNSW campus map
Further details regarding logistics will be provided to successful applicants.
[1] Melissa Crouch ‘The Military Turn in Comparative Constitutional Law’ (2024) Annual Review of Law & Social Science.
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The UNSW Southeast Asia network is led by Dr Elisabeth Kramer & Professor Melissa Crouch. The network represents scholars and students from across various faculties and schools at UNSW who research and teach on Southeast Asia.
The network succeeds the UNSW Myanmar Network, of the former Institute for Global Development. All scholars and students at UNSW are welcome to join the group in Outlook: unswsoutheastasianetwork@groups.unsw.edu.au (or they can contact Lis or Melissa), to share opportunities and events on Southeast Asia at UNSW.
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In 2025, a series of films were shown at UNSW Law.
Two of the award-winning films by Dr Visakesa Chandrasekaram were hosted by the Centre for Criminology, Law and Justice and the Asia Law & Policy Forum. The film duology revolves around two court cases, based on certain true events of two post-conflict scenarios in Sri Lanka, focusing on militarisation, justice, human rights, and women’s roles in reconciliation.
In July, ‘Paangshu (Earth)’ (2019) (Sinhala with English subtitles, 85 minutes) was shown. There will be a brief introduction to the film by the director, and then a short Q&A session between Melissa Crouch and the director at the end. The film synopsis is as follows: Babanona, a launderer belonging to one of the lowest castes, is summoned to an identification parade where she identifies the soldier who abducted her son during the 1988/89 insurgency. While the young public prosecutor shows little or no interest in Babanona finding her missing son, Namalee, the pregnant wife of the soldier, seeks forgiveness from the launderer. As the prolonged hearings in the dilapidated courthouse continue for months, shameful secrets are gradually unearthed by the defeated rebels, victorious soldiers, and those who were crushed in between. Trailer here.
In September, the second film screening was held, of the film Munnel (Sand) (2020), directed by Dr Visakesa Chandrasekaram, (Tamil with English subtitles, 100 minutes). There was brief introduction to the film by the director, and then a short Q&A session between Vicki Sentas and the director at the end. The film synopsis is as follows: Rudran, an ex-Tamil militant, returns home from military detention, looking for his lover Vaani who had disappeared during the war. Rudran’s mother, Sellamma, who is gifted with a ‘boon’ of soothsaying, tells the locals whether their kith and kin are alive or dead, but she refuses to say the same about Vaani. While men and women defeated in the war find solace in massive Hindu temples, Rudran initially refuses to pray, but later in an act of desperation, he joins a month-long pilgrimage seeking help from God Ayyappa, hoping to unite with his lover. Trailer here.
The third film, by a different director, was held on 5 August. Saffron Kingdom is a film by a Kashmiri director, Arfat Sheikh. For the people of Kashmir, 5 August marks a deeply significant and traumatic turning point. On this day in 2019, the Indian government unilaterally revoked Article 370, stripping Jammu & Kashmir of its semi-autonomous status. This was followed by a sweeping military siege and the world’s longest communications shutdown, altering life in the region. In recognition of these events and their implications for the region, we invite colleagues and students to a screening of Saffron Kingdom, a film by a Kashmiri director, Arfat Sheikh. The film goes for 84 minutes. After the screening, Melissa Crouch moderated a short Q&A with the director. The blurb of the film is below, and a trailer is available at this link. Given the recent conflict between India and Pakistan in May 2025, and the lack of perspectives from Kashmir, this film offers a unique and largely untold story of the history of the people of Kashmir and their contemporary struggles. The film synopsis is as follows: Saffron Kingdom tells the story of a Kashmiri family navigating decades of trauma, displacement, and resilience – from 1990s Srinagar to 2019 Atlanta – highlighting identity, justice, and survival. The movie traces the story of Masrat, who witnesses the violence of insurgency during her childhood, and then later, experiences the abduction of her husband in 2014, forcing her to flee to the United States of America with her son, Rizwan. In America, Masrat juggles her roles as a protective mother and a university researcher documenting their past. The movie explores the political upheaval in 2019, including the revocation of Kashmir's semi-autonomous status and a military siege, and highlights the enduring struggle for identity and justice amidst personal and political turmoil.
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Formed in 2025, the Sydney Asian Law and Society Network is a group of academics and students from various universities across Sydney committed to the study of law and society in Asia. It includes:
Western Sydney University School of Law, Inter Asian Legalities Cluster, contact person: Professor Rehan Abeyratne; Associate Professor Jeremy Kingsley; Professor Catherine Renshaw
University of Sydney School of Law, Centre for Asian and Pacific Law, contact person: Professor Simon Butt
Macquarie University School of Law, Law and Society in Asia and the Pacific, contact person: Dr Christoph Sperfeldt
UNSW Law, Asia Law and Policy Forum, contact person: Professor Melissa Crouch
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Coming soon
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Coming soon
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Intercultural Legal Dialogue: a conversation with scholars from the Global South
A series of panels will be held in 2025 as an opportunity to learn about and from scholars from the Global South, who are also undertaking their PhD at UNSW Law & Justice.
Given the position of UNSW Law & Justice as a Global North institution that is now home to many experienced Global South scholars, this panel will be an opportunity to build on conversations that can facilitate intercultural legal dialogue across legal and academic traditions, systems and cultures in and beyond the academy. The conversation will be a platform for deeper engagement with the plurality of scholarly epistemic locations, experiences, and practices of teaching and researching law. The hope is that it provides an avenue for greater reflexivity in attending to our own institutional roles and inter-personal collegial relationships.
We particularly invite and welcome academics at UNSW Law & Justice who supervise HDR candidates as well as those interested in supervising HDRs from the Global South. We also welcome and encourage the wider HDR community to attend in the spirit of facilitating and sharing teaching and research experiences. This event is undertaken in collaboration with the International portfolio and the HDR portfolio in the Faculty, and the former is supporting afternoon tea for the event.
Below is a list of the panel members for the event on 12 March 2025, and a tentative list of panel members for term 2 and 3.
Term 1
- Shanil Wijeshina is a lecturer at the Faculty of Law, University of Colombo (currently on leave), where he teaches courses on the Interpretation of Statutes, Legal Method, Roman Law and Advanced Legal Writing to both LLB and LLM students. His research interests include comparative constitutional law and judicial decision-making and reasoning.
- Tirtawening (Tirta) is a lecturer at the Faculty of Law University of Indonesia (currently on leave). She is based in the Department of Law, Society and Development and teaches courses on Legal Anthropology, Law and Society, Sociolegal Research Methods, and Law, Justice and Migration. Prior to being a lecturer, she worked as a researcher on gender and law, legal pluralism, and children’s rights at The Center for Women and Gender Studies University of Indonesia.
- Vinitika is an Assistant Professor at Jindal Global Law School (OP Jindal Global University) (currently on-leave); where she teaches core courses like International Trade Law and Human Rights Law and Theory and electives on Trade and Environment, Trade and Development, and Environment and Economic Law. Her research is also situated in understanding how developing countries should be treated in this trade-and-environment and trade-and-development matrix.
- Aman is an Associate Professor of Legal Practice at Jindal Global law School, O.P. Jindal Global University [JGU], India [currently on leave] where he has primarily taught the core course in Public International Law and elective courses interrogating law’s relation with counterinsurgency, contested sovereignties, and international migration. Stemming from human rights work prior to 2020, his research work has engaged with questions in international law, and draws direction, comfort (and discomforts) from critical approaches to international law, and critical legal theory.
Term 2: Thursday 26 June at 3-4pm, staff common room (online option available). Key themes we will consider this time include: how and why they became academics; the key influences on their teaching practises; the intersection between university campuses and national politics; and the role of academics in times of political and social upheaval. Speakers include:
- Shohini is Associate Professor at the Jindal School of Banking & Finance (O.P. Jindal Global University [JGU], India (currently on leave), where she teaches courses on financial regulation, banking law, and technology law to both law and business students. Prior to that, she worked for several years in the field of legislative policymaking.
- Jessica Marpaung is a lecturer at the Faculty of Law at Pelita Harapan University, Indonesia. She has taught courses on human rights, constitutional law, and legal research methodology. In addition to teaching, she actively mentors and coaches moot court teams, focusing on human rights and public international law. Her research interests include law and gender, legal pluralism and human rights.
- Razzak is an Assistant Professor at Jagannath University, Bangladesh, where he teaches international human rights law and labour law. His research interest sits at the intersection of business and human rights.
Term 3: Wednesday 24 Sept, 3-4pm (after faculty board).
- Ibrahim was a lecturer of constitutional law at Faculty of Law, Gadjah Mada University, Indonesia, where he taught undergraduate courses such as Indonesian Constitutional Law, Comparative Constitutional Law, and Legal Philosophy. His research area includes constitutional law, law and society, and law and religion, with a particular focus on Indonesia.
- Sonia Qadir worked as an associate attorney for Justice Project Pakistan (a top human rights law firm) as well as a civil law firm working on land acquisition cases, and as a legal consultant for the provincial Commission on the Status of Women. She has also served as an Adjunct Faculty at LUMS, where she taught a course on politics and history.
- Amarnath is former Assistant Lecturer at Jindal Global law School, O.P. Jindal Global University [JGU], India. He has taught courses on Gender & Society, International Human Rights, Constitutionalism in Emerging Societies, and Legal Research Methodology. He is currently a PhD Scholar at the Faculty of Law & Justice, University of New South Wales. His research interests include socio-economic rights, law & the informal economy, urban governance, and constitution-making in post-conflict societies.
The panels led to the publication of this blog series:
- Intercultural Legal Dialogue: The Experiences of Academics from Asia studying in Australia, Melissa Crouch
- “Solidarity as Care” and “Solidarity Despite”: Intercultural Legal Dialogue with Shohini Sengupta
- Carrying Many Roles: Reflections as a Law Lecturer in Indonesia, Intercultural Legal Dialogue with M. Ibrahim
- “Socially Responsive Legal Education”: Intercultural Legal Dialogue with Md Abdur Razzak
- “Not always a smooth fit’: Intercultural Legal Dialogue with Jessica Marpaung
- ‘A Small Act of Kindness’: Intercultural Legal Dialogue with Vinitika Vij
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ARC Future Fellowship, Melissa Crouch. Responding to the United Nations' calls to end military rule, this project aims to investigate the legal challenges that the military poses to constitutional democracy in Asia and beyond. The project expects to develop rigorous qualitative, comparative research to explain how the military rules through constitutions in authoritarian regimes. Anticipated outcomes include novel, empirically-informed insights into how constitutions empower the military, and also constitutional design strategies to subordinate the military to civilian control in Myanmar and Indonesia. Outcomes will benefit Australian policymakers, international organisations committed to advocacy for constitutional democracy, and international scholarship
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This project aims to foster scholarship and debate on constitutionalism in, of and from the Global South. The project aims to develop appreciation of Global South epistemologies and to enhance our understanding of the nature of constitutionalism in the Global South, both in its liberal and illiberal varieties. The project aims to run regular reading groups, seminars and occasional panels at conferences, with a particular focus on mentoring early career scholars from the Global South. This builds on the scholarship of Theunis Roux on South Africa and beyond, and Melissa Crouch on Southeast Asia
For more see here
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This project involves UNSW partnerships and collaborations with academics and universities in Indonesia to support and mentor scholars and students of law and society, and law and development through conferences, seminars, and trainings.
In 2025, events include the following:
March 2025: Seminar by Justice Arsul Sani, judge of the Indonesian Constitutional Court
April 2025: Seminar by Ms Magdalena Sitorus, author and activist, on the victims of the 1965 violence
July 2025: Indonesian Law and Society Work in Progress Seminar
Seminar on current issues in criminal procedure reform in IndonesiaOctober 2025: ‘Is Reformation Dead?’
Seminar with Suciwati, Indonesian human rights activist, and Irvan Wiradinata, in collaboration with Aliansi Gusur (Aliansi Gerakan Sydney Bersuara)’UNSW Law & Justice is currently home to the following Indonesian law academics, civil servants and activists, including Tirtawening (University of Indonesia), Md. Ibrahim (formerly of UGM), Jessica Marpaung (UPH), Ali Salmande (Banten), Abdul Halim (judge of the Islamic Court), Raisa Annisa (formerly of KPK; in ADA); Erasmus A. T. Napitupulu (ICJR), and Titis Anindyajati (Constitutional Court). The Faculty also regularly welcomes many Indonesian students into our LLM program, particularly through the LPDP and Australia Awards scholarship programs.
UNSW has hosted several conferences and seminars as well as visiting scholars from Indonesia. In 2014, UNSW co-hosted with the University of Sydney a conference on the Constitutional Court in Indonesia. In 2017, UNSW co-hosted a series of roundtables on judicial independence and electoral reform in Jakarta. In 2018, UNSW hosted two international workshops, one on court reform in Indonesia and the other on the 2019 elections. In 2019, UNSW hosted a work-in-progress seminar on Indonesian law and society.
In 2021, UNSW collaborated with the Van Vollenhoven Institute for Law, Governance and Society (Leiden), the University of Indonesia, and University of Brawijaya, to support the Socio-legal Studies Conference and masterclass. In 2022, Melissa Crouch contributed to the Socio-legal Studies program (Hukum dan Masyarakat) of the Faculty of Law, the University of Indonesia. Other previous collaborations through conferences and workshops include with the Law Faculties at Atmajaya University, University of Brawijaya (Malang), University of Diponogoro (UNDIP) (Semarang), University of Airlangga, Gadjah Mada University, Trisakti University, Jentara Law School; the Indonesian Student Association for International Studies (ISAFIS); the Faculty of Law, the University of Indonesia.
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This project is focused on undertaking empirical law and society research on women judges in courts across Asia and the Pacific. In 2019, UNSW hosted over 200 people to the Women in Asia Conference, including several women judges from the region as speakers. As an output of this project, in 2021, a book on Women and the Judiciary in the Asia Pacific was published. The project is ongoing.
In 2025, Melissa Crouch spoke at a International Day of Women Judges Event organised by the United Nations Development Program.
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This collaborative research project is on Reimagining Vulnerability in the Light of COVID 19 in Sri Lanka’ (2021-2023). Dr Mario Gomez of the International Centre for Ethnic Studies and Melissa Crouch are collaborating on a two-year project under the DFAT Sri Lanka grant scheme on Knowledge and Linkages for an Inclusive Economy. As the international partners on the grant, Melissa Crouch will produce a report on the impact of covid-19 on rights and governance in the region, with a particular focus on Indonesia, Myanmar and Sri Lanka. Academics including Theunis Roux and Rosalind Dixon, and HDR students who are part of the Constitutionalism in the Global South Project, will contribute to a stakeholder workshop.
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The project, funded by the Asian Development Bank (ADB), is led by Melissa Crouch (2016–19). The focus is on improving legal education and skills integral to the transactional practice and adjudication of commercial law.
The project includes developing a training program for the practical legal needs of private lawyers, government lawyers, prosecutors and judges in commercial and financial law.
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This project, which began in 2013, is a joint enterprise of various law schools, including UNSW Sydney, the University of Sydney and the Australian National University (ANU). UNSW is currently responsible for it.
We aim to directly increase the capacity of local actors to participate positively in the process of constitutional reform in Myanmar. We do this by expanding the constitutional vocabulary of different groups within society (such as ethnic communities, grassroots organisations, political leaders and members of the media) so they can contribute to political discourse.
Our objective is to expand the democratic political space during a critical time in Myanmar’s transition towards constitutional democracy. Our project aims to support increased constitutional stability, leading to an environment where there is greater prospect for peaceful and equitable development.
We have held 10 workshops in various locations in Myanmar. Past sponsors include Rotary Australia, the Australian Embassy in Yangon, Konrad Adenauer Stiftung, the University of Sydney, UNSW, the ANU, the National University of Singapore (NUS), KOICA and the Community of Democracies.
Team
- Professor Martin Krygier
- Professor Theunis Roux
- A/Professor Melissa Crouch
- Adam Czarnota
- A/Professor Catherine Renshaw (Australian Catholic University)
- Professor Wojciech Sadurski (University of Sydney)
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This workshop series brings leading experts and researchers from Australia, Thailand and Indonesia together to focus on the role of digital entrepreneurship in enabling women’s economic empowerment and financial inclusion in developing communities and develop a capacity-building road map. The series is funded by an Australia-ASEAN grant.
Our workshops – held in Jakarta (November 2019), Thailand (March 2020) and Canberra (June 2020) – provide a platform for dialogue among academics, government, businesses, communities and media on issues of women’s economic empowerment and financial inclusion. Key participants share case studies of kampung digital programs, the effect of digital marketplaces, and the current state of women’s digital entrepreneurship initiatives and SMEs in farming communities in West Java and South Sulawesi of Indonesia. These workshops promote and support knowledge development on women in leadership.
This interdisciplinary project involves UNSW faculties of Business, Law and Arts & Social Sciences, UNSW’s Institute for Global Development (IGD) and in-kind collaboration with the Ford Foundation, the Social Trust Fund and the State Islamic University (Jakarta) and Thammasat Business School (Thailand).
Team
- Dr Felix Tan (Business School)
- Dr Carmen Leong (Business School)
- A/Professor Wing Wah Tham (Business School)
- A/Professor Minako Sakai (UNSW Canberra)
- A/Professor Melissa Crouch
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In 2019, a conference was held around the theme of constitutional democracy in Indonesia. This resulted in the collaborative edited volume: Constitutional Democracy in Indonesia (OUP 2023). The Indonesian Constitution is an important legal text that governs the world’s third largest democracy. After decades of authoritarian rule, a key aspect of the transition to constitutional democracy was the amendment of the 1945 Constitution. The amended Constitution introduced profound changes to the legal and political system, including an emphasis on judicial independence, a bill of rights and the establishment of a Constitutional Court. This volume explores the ongoing set of debates over the meaning, implementation and practice of constitutional democracy in Indonesia. This includes debates over the powers of the legislature, the role of the military, the scope of decentralisation, the protection of rights and permissible limits on rights, the regulation of elections, the watchdog role of accountability agencies, and the leading role of the Constitutional Court. These legal issues are analysed in light of the contemporary social, political, and economic environment that has seen a decline in tolerance, freedom and respect for minorities. Contributions to this volume review the past two decades of reform in Indonesia and assess the challenges to the future of constitutional democracy amidst the wide-spread consensus on the decline of democracy in Indonesia. Demands for amendments to the Constitution and calls to revert to its initial form would be a reversal of Indonesia’s democratic gains.
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This book project is an outcome of a workshop hosted by UNSW Law. In this volume, experts on Indonesian law and courts reflect on the growth and changes in the role and function of courts in Indonesia. Indonesia’s judiciary is a critical part of its democratic system. Since the transition from authoritarian rule in 1998, a range of new specialized courts have been established, from the Commercial Court to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. A raft of judicial reform programs have been pursued to address various issues within the judicial system, not the least of these being corruption. The growth of Indonesia’s economy, combined with the size as the fourth most populous country in the world, means that the courts are facing greater pressure to resolve an increasing number of disputes – from contracts to property disputes, criminal matters, or family law. The aim of this volume is to offer in-depth reflections on the role of the courts and legal reform in Indonesia. The chapters acknowledge that late Professor Dan S Lev was a leading scholar of the politics of courts in Indonesia. The chapters share a common concern by reconsidering the relevance of Lev’s work in light of the changes to the judiciary in Indonesia. Not least of these is the question of whether Lev’s reflections on legal culture, and particularly his concerns about the increase of corruption and the decline in professionalism, remain true today and to what extent legal reforms have addressed these concerns. This volume will be of interest to scholars of law, political science, law and development, Asian Studies, the politics of courts, and law and society.
Full details on the book are available here.
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Professor Graham Greenleaf and Philip Chung of the Australasian Legal Information Institute (AustLII), in consultation with Melissa Crouch, have established a Myanmar/Burma online law database as part of the AsianLII program. A guide on how to use the database is available online. AsianLII was established in 2006 and provides for searching and browsing over 400,000 documents in more than 400 databases of legislation, case-law, law reform reports, law journals and other legal information, from all 28 jurisdictions in the region. All databases can be searched simultaneously, or searches limited to one country’s databases or other combinations. Search results can be ordered by relevance, by date, or by database. For each country, AsianLII also contains an extensive catalogue of law-related websites, and a ‘Law on Google’ facility which assists users to search Google only for legal materials from that country. AsianLII is operated by AustLII in cooperation with partner institutions in Asian countries, and other legal information institutes (LIIs) in the Free Access to Law Movement with Asian databases. Part of the aim of the AsianLII project is to assist in the development of the local capacity of our partner organisations to develop and maintain independent local legal information to the standards of world’s best practice, and to integrate them into international free-access law networks such as AsianLII, WorldLII and LawCite. This may include the provision of AustLII’s Sino search engine and other software for LII development, joint development of new databases, AustLII support for applications by local partners to obtain resources, and some in-country training.
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In 2014, UNSW Law School signed a Memorandum of Understanding (MOU) with Mandalay Law Department, at the University of Mandalay. This was the initiative of Professor Carolyn Penfold and Professor Brendon Edgeworth, and was the result of their visit to Mandalay University in 2013. In February-March 2015, two law professors, Daw Htin Htay Ei and Daw Nu Nu Yee, from the Law Department at Mandalay University visited the UNSW Law School. In July 2015, Professor Brendon Edgeworth and Dr Melissa Crouch gave guest lectures at the Law Department in Mandalay to about 100 students and staff. In March 2016, Professor David Dixon, Dean of UNSW Law, visited the University of Yangon, met with the Myanmar Centre for Responsible Business and the Australian Embassy. Further cooperation on legal education is planned in the future, and there are plans to sign an MOU with the University of Yangon. Melissa Crouch has also undertaken curriculum development and teaching at the University of Yangon from 2013-2020. In January 2020, Melissa again visited the University of Mandalay. Melissa has also contributed to teaching initiatives and programs on constitutional democracy and legal education run by the Yangon School of Political Science, International IDEA, and the Open Society, among others.
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The purpose of this project is to support and equip key local actors to contribute to constitutional reform, democratic consolidation and lasting peace in Myanmar. This project builds on the work of the Australia-Myanmar Constitutional Democracy Project of UNSW Law. The project has three main components. The first component is to host an international workshop on “Peace Processes, Federalism and Constitution-making” at UNSW from 6-7 December 2018. Five Distinguished Visiting Scholars from Myanmar will be sponsored to attend and present at the event. The second component of the project is the publication of a book, The Constitution of Myanmar: A Contextual Analysis (with Hart Publishing’s leading series on Constitutions of the world). The English and Burmese version of the book will be published and disseminated in 2019-2020. This book by Crouch is the first to analyse the 2008 Constitution of Myanmar (Burma) in its historical, political and social context.
This accessible book provides an in-depth exploration of the key elements of the 2008 Constitution in theory and practice. This book will be an invaluable resource for students, scholars and local political actors to facilitate greater understanding and appreciation of constitutional law in Myanmar, and inform strategies for reforming the current constitution. The third component of the project is to initiate a series of workshops in Myanmar, which will use the book as the basis for capacity building on constitutional literacy. This builds on previous capacity building initiatives on constitution-making. In 2016, the International Institute for Democracy and Electoral Assistance (International IDEA) established a Myanmar Constitution (‘MyConstitution’) Centre in Yangon. The Centre focuses on education and advice to all Myanmar stakeholders, including political parties, members of parliament, ethnic armed groups, military, media and civil society organizations. Melissa Crouch was invited by International IDEA to provide recommendations for curriculum design, detailed in a report on “Curriculum Guidelines on Constitutional Design for the MyConstitution Centre” (2016), which aims to integrate best practise and knowledge in comparative constitutional design with deep knowledge of local Myanmar constitutional context. The following modules have been developed:
- Feb 2017: Melissa developed and delivered the module on ‘Principles and Processes of Constitution-making’ in Yangon.
- June 2017, Theunis Roux developed and delivered a module on ‘Land and Natural Resource Governance in Constitutional Design’ in Yangon.
- Nov 2017, Melissa developed and delivered a module on Judicial Independence and Accountability to the Myanmar Supreme Court in Naypyidaw.
- Nov 2017, Melissa developed and delivered a module on Checks and Balances in Constitution-making to the International Relations Committee of parliament.
- Feb 2018, Melissa delivered a series of lectures, workshops and consultations with parliament, civil society, ethnic groups, Yangon University and the Supreme Court around federalism, the role of courts in a federal system and judicial independence
- June 2018, Melissa contributed to the Constitutional Academy Bootcamp in Pyin Oo Lwin
- Jan 2019, Melissa taught at the University of Mandalay and the University of Yangon
- Jan 2019, book launch hosted by The Asia Foundation in partnership with Mosaic Myanmar, with panellist Dr Lian H Sakhong, Saw Kapi and Htet Min Lwin
- May 2020, Melissa delivered a course on the Constitution of Myanmar for Yangon School of Political Science
- Nov 2020, Melissa delivered two courses on the Constitution of Myanmar for civil society, run by International IDEA
- Jan 2021, Melissa delivered a course on the Constitution of Myanmar for law professors, run by International IDEA (onlin
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This ARC Discovery Project aims to explain and evaluate constitutional populism or regimes that have come to power in a global wave of ‘populist’ parties challenging traditional ones.
We will identify, reconstruct and evaluate legal and constitutional aims of, and institutional solutions adopted by, such regimes. We’ll examine whether they respect the forms of democracy or just pay lip service to, for example, principles of the rule of law and constitutionalism while working to subvert such principles.
Our project will focus on what ‘new populists’ do with power once they have it, what the consequences are for a global view of democracy and informing Australia’s geopolitical engagement with such regimes. Our project includes a focus on the Philippines.
Team
- Professor Martin Krygier
- Adam Czarnota
- Professor Wojciech Sadurski (University of Sydney)
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This ARC Discovery Project aims to understand how and why constitutions change in authoritarian regimes.
After decades of authoritarian rule, there is lively public debate about formal amendment of the Myanmar constitution. Based on rigorous qualitative methods, including archival research and in-depth interviews, our project will investigate why Myanmar's constitution is both a constraint and an enabler of democratic reform.
Our timely socio-legal project seeks to inform Australia’s political, economic and cultural engagement with Myanmar as a strategic neighbour in southeast Asia and a new market for foreign investment.
Sole Chief Investigator: A/Professor Melissa Crouch
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Melissa Crouch and Edward Aspinall (ANU) are co-leading a major educational review of trends in Asian Studies in Australia, in partnership with the Asian Studies Association of Australia (ASAA). Roughly every twenty years, a review of teaching and research in Asian Studies is undertaken.
The report is available for download here.
For about half a century, Australia has been a global leader in the study of Asia. The ASAA is the peak academic association for the study of Asia in Australia. The report is the fifth in a series of reports since the 1970s. The report focuses on trends in the promotion of Asia literacy in Australian universities from 2000 to 2022, highlighting both achievements and challenges.
The report identifies a decline in government, and in many cases, university support, pointing to growing challenges in Australia’s efforts to promote Asia literacy among Australian graduates at a time when Asia’s global prominence and influence is more obvious than ever. The report proposes a set of recommendations to the government and to universities in order to renew and strengthen national commitment to Asia literacy.
Student opportunities and internships
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Every January, a six-week Law Professional Practicum is run by the Australian Consortium of In-Country Indonesian Studies (ACICIS), and there is often New Colombo Plan scholarships available for eligible students. Students should contact the UNSW International Office for more details and seek permission from the Law School internship coordinator. Students can also contact Melissa Crouch as a founding Advisory member of the Law Practicum for details of the program.
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- LAWS3139/ JURD7539 Law and Society in Asia
- LAWS3167/ JURD7567 Constitutionalism and the Rule of Law in Asia
- LAWS8375/ JURD7975 Constitutionalism in the Global South
- LAWS8060/ JURD7460 Human Rights in Asia
- LAWS3445 Women and Gender Law ILS Pune
Students are welcome to contact members of the cluster if they are interested in finding a supervisor for an undergraduate or JD research thesis.
Members
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- Melissa Crouch, Professor
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- Alexandra George, Associate Professor
- Andrew Byrnes, Emiritus Professor
- Brendan Clift, Lecturer
- Christine Forster, Professor
- Elisabeth Kramer, ADA
- Elisabeth Perham, Lecturer
- Henry Kha, Senior Lecturer
- Jane McAdam, Scientia Professor
- Jonathan Bonnitcha, Associate Professor
- Joyman Lee
- Lisa Toohey, Professor
- Madeline Gleeson
- May Cheong, Associate Professor
- Martin Krygier, Professor
- Mimi Zou, Head of School
- Rosalind Dixon, Scientia Professor
- Sarah Williams, Professor
- Theunis Roux, Professor
- Tristan Harley, Senior Research Associate
- Visakesa Chandrasekaram, Senior Lecturer
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- Abdul Halim, PhD candidate
- Amarnath Boopalam Manjunath, PhD candidate
- Md. Abdur Razzak, PhD candidate
- Aman, PhD candidate and Teaching Fellow
- Ali Salmande, PhD candidate
- Arpei Song, PhD candidate
- Aishwarya Singh, PhD candidate
- Dian Liliansa
- Douglas McDonald-Norman, PhD candidate
- Erasmus A. T. Napitupulu, LLM student
- Isurinie Mallawaarachchi, PhD candidate
- Jessica Marpaung, PhD candidate
- Matthew Idiculla, PhD candidate
- Mohammad Ibrahim, PhD candidate
- Natasha Naidu, PhD candidate and Teaching Fellow
- Natasha Yacoub, PhD candidate
- Qian Xue, PhD candidate
- Raisa Annisa, PhD candidate (ADA)
- Ruby Rosselle “Ross” Tugade
- Rutaban Yameen
- Md A Sayeed, PhD candidate (ADA)
- Shohini Sengupta, PhD candidate and Teaching Fellow
- Shanil Wijesinha, PhD candidate and Teaching Fellow
- Sonia Qadir, PhD candidate
- Suhail Rashid Bhat, PhD candidate
- Sulaiman Sujono
- Tirtawening, PhD candidate
- Titis Anindyajati, PhD candidate
- Tito Bramantyo Aji
- Vinitika Vij, PhD candidate
- Yu Xiao (Mimi), PdH candidate
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- Chit Suu Win Htein
- Eugene Quah
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- Dr Nyi Nyi Kyaw, Myanmar (PhD, graduated 2015)
- Fritz Edward Siregar, Indonesia (SJD graduated 2016)
- Dr Bhatara Ibnu Reza (PhD, graduated 2018)
- Yin Myo Su Hlaing, Myanmar (LLM graduated 2018)
- Dr Melissa Jardine (graduated 2018)
- Phyo Mouk, Myanmar (LLM graduated 2019)
- Dr Milda Istiqomah, Indonesia (PhD, graduated 2020)
- Dr Lena Hanifah, Indonesia (PhD, graduated 2021)
- Dr Indri Saptraningrum, Indonesia (graduated 2021)
- Dr Ashraful Azad, Bangladesh (PhD, graduated 2021)
- Dr Siddarth Narrain, India (PhD, graduated 2022)
- Dr Justin Poonjaat, India (PhD, graduated 2023)
- Dr Ayesha Wijayalath, Sri Lanka (PhD, graduated 2024)
- Maidina Rahmawati, Indonesia (LLM, graduated 2024)
- Ko Ko Aung, Myanmar (LLM, graduated 2024)
- Chhunvoleak, Cambodia (PhD, graduated 2025)
Diplomacy Training Program
DTP is committed to advancing human rights in the Asia Pacific region.
AustLII
Free access to legislation, case law and other legal information, including AsianLII.