Associate Professor Amy Maguire
Associate Professor
Newcastle Law School
- Email:amy.maguire@newcastle.edu.au
- Phone:(02) 4921 5374
Disrupting the International Law Agenda
Dr Amy Maguire, from the Faculty of Business and Law at the University of Newcastle (UON), is putting the rights of displaced people back on the agenda in international law.
Amy's research in the area of 'self-determination' is a topic that has been off the radar in international law but it could soon be sharply back in focus.
Self-determination is the collective human right of a people to determine their political, social, cultural and economic future. Dr Maguire's research has focused on self-determination for peoples who claim a contemporary colonial experience that has not been adequately addressed by international law or the nation states in which they live.
"These cases can become complicated when a group is making a self-determination claim under international law – for example an indigenous population - yet the settler population has established their own identity, such as we've seen in Australia. So we have two parties asserting self-determination on the same territory. We must be careful in this instance to balance the rights of both parties and avoid repeating the injustices of the past."
The right to self-determination is not only relevant to indigenous populations but can have far reaching implications for displaced peoples all over the world. Dr Maguire is now extending her research to peoples displaced by climate change, including those from small Pacific island states who are beginning to bear the effects of environmental change.
"Self-determination is a concept that we can draw on from the past that has real applications in the present, given the large number of people who are already starting to seek refuge from environmental change in neighbouring countries. When these people are relocated, a number of legal questions arise such as their right to remain together, to maintain their identity, or maintain some forms of sovereignty."
As sea levels rise and drought spreads the question of self-determination could become more prominent in international law. In 2013, the United Nations High Commissioner for Refugees (UNHCR) reported that approximately 22 million people were displaced as a result of climate change, a figure that has been projected to reach 200 million by 2050.
Dr Maguire is now collaborating with Dr Jeffrey McGee at the University of Tasmania to explore how the right to self-determination could help to shape official responses to climate change. Importing self-determination into the field of climate change governance would be a world-first from the two Australian researchers.
"The rights of people aren't sufficiently influencing decision making in the response to climate change. The debate has focused more on governmental responses and emissions reduction targets but in the end, it's the people impacted whose experiences and rights ought to be respected."
An advocate for humanity in controversial public debates, Dr Maguire has become a popular legal commentator with multiple articles published on The Conversation. Her legal commentary spans several key areas including refugees, asylum seekers, Indigenous rights, and capital punishment. The most recent article published by Dr Maguire on The Conversation addresses Australia's role in the abolition of capital punishment world-wide.
Find out more
Disrupting the International Law Agenda
Dr Amy Maguire's research relates to the collective human right to self-determination, with particular focus on Indigenous peopl
Career Summary
Biography
Dr Amy Maguire is an Associate Professor and the Indigenous Student Liaison at the University of Newcastle Law School. She is an active commentator on international legal and human rights issues. In 2016, Amy was awarded the Vice-Chancellor's Award for Early Career Researcher of the Year at the University of Newcastle. She was also selected as a finalist for the Academic of the Year Award in the Lawyers' Weekly Women in Law Awards. In 2017, Amy was a finalist in the Beryl Nashar Young Researcher award at the University of Newcastle Alumni Awards. In 2018, Amy was one of the inaugural recipients of the DVC(A)'s Educator Impact & Innovation Awards and was selected to participate in a Masterclass on 'Global Issues and International Organisations', hosted by the Australian Institute of International Affairs and the Department of Foreign Affairs in Canberra. She is a featured contributor to The Conversation and her online commentary articles have attracted over 430,000 readers.
Associate Professor Maguire's fields of research are public international law and human rights, with particular focus on self-determination, Indigenous rights, climate change, refugees and asylum seekers, and the death penalty. Amy has ongoing research collaborations with UoN and external partners in relation to climate change, human rights and human displacement, the legal regulation of climate change mitigation strategies, the Indigenisation of curriculum, and blended/active teaching and learning. She has published widely in highly-regarded journals and edited books. In 2018, she represented the Australian and New Zealand Society of International Law as one of four sponsored scholars at the Seventh International Four Societies Conference at Waseda University, Tokyo, Japan.
Amy has emerged as a national and international commentator in her fields of research, with a number of online publications, media engagements, invited talks and submissions to government inquiries. In 2015, she was invited to appear before and assist the federal parliamentary inquiry into 'Australia's advocacy for the abolition of the death penalty'. Several of Amy's recommendations were incorporated into the Committee's report to Government. Between 2016-2018, Amy took up the position of Co-Chair of the Indigenous Rights sub-committee of Australian Lawyers for Human Rights. In that role, she collaborated with other human rights lawyers and law students to promote the recognition and achievement of substantively equal rights for Indigenous peoples in Australia. This work has been influential in a number of recent law reform reports, including those of the Australian Law Reform Commission and the Law Council of Australia.
Amy has pioneered innovative approaches to teaching that have enhanced her students' experience of learning in international law, human rights and other fields. This was recognised with a 2018 Australian Awards for University Teaching Citation for Outstanding Contributions to Student Learning and the 2015 Vice-Chancellor's Award for Excellence in Teaching and Learning in the Faculty of Business and Law. Amy's commitment to Indigenisation is expressed through her teaching in the course Indigenous Peoples, Issues and the Law and her broader commitment to culturally competent education. Amy has also shown leadership in program and course design, as part of her broader commitment to collegial service to the University.
Research expertise
Associate Professor Maguire's PhD was awarded in December 2011. Her doctoral research explored the collective human right of self-determination, with particular focus on Indigenous peoples in Australia and Irish nationalists in the North of Ireland. Amy argued in her thesis that self-determination retains a mission of decolonisation in the twenty-first century, and sought to address the contemporary colonial experience of peoples in settler colonial societies. Amy has more recently leveraged her doctoral research to develop proposals for novel applications of self-determination, in circumstances where the right has capacity to empower vulnerable communities of people.
Associate Professor Maguire's current research extends to a range of fields in public international and human rights law, with a unifying concern for promoting accountability to human rights obligations on the part of state and non-state actors. Her online research engagements, most notably through publication in The Conversation, have extended Amy's research to a range of fields in which she aims to contribute to policy development and just outcomes for individuals and communities.
https://theconversation.com/profiles/amy-maguire-129609/articles
Amy has two young children and works part-time.
Qualifications
- PhD (Law), University of Newcastle
- Bachelor of Arts, University of Newcastle
- Bachelor of Laws (Honours), University of Newcastle
Keywords
- Climate change and human rights
- Colonialism and international law
- Death penalty
- Human rights
- Indigenisation
- Indigenous Peoples, Issues and the Law
- Indigenous legal issues
- Public International Law
- Refugees and human rights
- Self-determination
Fields of Research
| Code | Description | Percentage |
|---|---|---|
| 180114 | Human Rights Law | 50 |
| 180116 | International Law (excl. International Trade Law) | 50 |
Professional Experience
UON Appointment
| Title | Organisation / Department |
|---|---|
| Associate Professor | University of Newcastle Newcastle Law School Australia |
Academic appointment
| Dates | Title | Organisation / Department |
|---|---|---|
| 1/1/2008 - | Membership - Australian and New Zealand Society of International Law | Australian and New Zealand Society of International Law Australia |
| 1/6/2011 - 16/3/2012 | Co-Chair | Faculty of Business and Law Academic Women's Network Australia |
| 12/3/2012 - 31/12/2015 | Lecturer | Newcastle Law School Australia |
| 8/4/2013 - 30/6/2016 | Newcastle Law School Program Management Group | Newcastle Law School Australia |
| 8/4/2013 - 30/6/2016 | Teaching and Learning Committee | Faculty of Business and Law, University of Newcastle Australia |
| 1/4/2013 - 30/6/2016 | Undergraduate Program Convenor | Newcastle Law School Australia |
| 3/1/2011 - | Indigenous Student Liaison | Newcastle Law School Australia |
| 1/1/2016 - 30/12/2018 | Senior Lecturer | Newcastle Law School Australia |
| 1/7/2019 - | Program Convenor - Juris Doctor | Newcastle Law School Australia |
Professional appointment
| Dates | Title | Organisation / Department |
|---|---|---|
| 1/9/2016 - 30/12/2018 | Co-Chair | Indigenous Rights Sub-Committee, Australian Lawyers for Human Rights Australia |
Awards
Award
| Year | Award |
|---|---|
| 2019 |
Australian Awards for University Teaching - Citation for Outstanding Contributions to Student Learning Australian Awards for University Teaching, Universities Australia, Government of Australia |
| 2019 |
BOLD Team Award for Innovation in Course Development Centre for Teaching and Learning, The University of Newcastle |
| 2018 |
DVC(A) Educator Innovation & Impact Award Office of the DVC (A), The University of Newcastle, Australia |
| 2018 |
Dean's Research Award Newcastle Law School |
| 2017 |
Early Career HDR Candidate Scholarship The University of Newcastle |
| 2016 |
Vice-Chancellor's Award for Early Career Research and Innovation in the Faculty of Business and Law The University of Newcastle - Research and Innovation Division |
| 2016 |
Vice-Chancellor's Award for Early Career Researcher of the Year The University of Newcastle - Research and Innovation Division |
| 2015 |
Vice-Chancellor's Award for Excellence in Teaching in the Faculty of Business and Law The University of Newcastle |
| 2015 |
Faculty of Business and Law Excellence in Law Teaching Award 2014 Faculty of Business and Law, University of Newcastle |
Distinction
| Year | Award |
|---|---|
| 2018 |
Sponsored Scholar, Seventh Annual International Four Societies Conference, Waseda University, Tokyo, Japan Australian and New Zealand Society of International Law |
| 2018 |
Visiting Research Fellow - Queens University Belfast School of Law Queens University Belfast |
| 2018 |
Participant, Australian Institute for International Affairs Masterclass on Global Issues and International Organisations Department of Foreign Affairs and Trade |
Nomination
| Year | Award |
|---|---|
| 2017 |
Finalist, Beryl Nashar Young Researcher Award The University of Newcastle Alumni |
| 2016 |
Academic of the Year - Lawyer's Weekly Women in Law Awards Lawyer's Weekly |
Research Award
| Year | Award |
|---|---|
| 2010 |
Faculty of Business and Law Research Higher Degree Best Publication Award University of Newcastle |
Invitations
Keynote Speaker
| Year | Title / Rationale |
|---|---|
| 2018 | Narratives of Climate Change Symposium |
| 2018 | Indigenous constitutional recognition - Politics in the Pub |
Panel Participant
| Year | Title / Rationale |
|---|---|
| 2019 | The Educator Network Showcase |
Speaker
| Year | Title / Rationale |
|---|---|
| 2018 | Disaster Capitalism |
| 2015 | World Day Against the Death Penalty Forum |
| 2015 | Active Learning in Law Symposium |
| 2013 | Indigenous Australian Peoples and the Right of Self-Determination |
Teaching
| Code | Course | Role | Duration |
|---|---|---|---|
| LAWS5024/6034 |
Indigenous Peoples, Issues and the Law Newcastle Law School, University of Newcastle, Australia |
Course coordinator | 1/3/2013 - 30/6/2018 |
| LAWS4012 |
Public International Law Newcastle Law School |
Course Coordinator | 1/1/2008 - 10/12/2019 |
| LAWS5014/6019 |
International Human Rights Law The University of Newcastle |
LAWS5014/6019 International Human Rights Law | 1/3/2017 - 12/7/2019 |
Publications
For publications that are currently unpublished or in-press, details are shown in italics.
Chapter (6 outputs)
| Year | Citation | Altmetrics | Link | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2020 |
Maguire A, 'Self-determination claimant groups and the creation of international norms', Developments in International Law 75-100 (2020)
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| 2017 |
Young T, Maguire AM, 'Indigenization of curricula: trends and issues in tourism education', Handbook of Teaching and Learning in Tourism, Edward Elgar, Cheltenham, UK 455-463 (2017) [B1]
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| 2016 | Maguire AM, 'Why does international condemnation on human rights mean so little to Australia?', The Conversation Yearbook 2016: 50 standout articles from Australia's Top Thinkers, Melbourne University Press, Melbourne 70-74 (2016) | ||||||||||
| 2009 |
Maguire AM, ''Security starts with the law': The role of international law in the protection of women's security post-conflict', The Role of International Law in Rebuilding Societies After Conflict: Great Expectations, Cambridge University Press, Cambridge 218-243 (2009) [B1]
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Journal article (29 outputs)
| Year | Citation | Altmetrics | Link | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2020 |
Lockart N, Kiem AS, Chiong R, Askland HH, Maguire A, Rich JL, 'Projected change in meteorological drought characteristics using regional climate model data for the Hunter region of Australia', Climate Research, 80 85-104 (2020) [C1]
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| 2020 |
Maguire A, McNamara DM, 'Human rights and the post-pandemic return to classroom education in Australia', Alternative Law Journal, 45 202-208 (2020) [C1]
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| 2020 | Elliott J, Maguire A, 'Detouring "business as usual": Alternative pathways through the Australian legal system for individuals and communities seeking action on climate change', Australian Law Journal, 94 439-454 (2020) [C1] | ||||||||||
| 2019 |
Elton A, Anderson JL, Jose J, Maguire A, 'Mandatory Practices and the Transformation of Due Process', Monash University Law Review, 44 621-657 (2019) [C1]
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| 2019 |
Maguire A, McGaughey F, Monaghan G, 'Performance or Performativity? Australia's Membership of the United Nations Human Rights Council', Australian Journal of Human Rights, 25 317-338 (2019) [C1]
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| 2019 |
Hilkemeijer A, Maguire A, 'Religious schools and discrimination against staff on the basis of sexual orientation: Lessons from European human rights jurisprudence', Australian Law Journal, 93 752-765 (2019) [C1]
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| 2019 |
Woldemariam SB, Maguire A, Von Meding J, 'Forced Human Displacement, the Third World, and International Law: A TWAIL Perspective'', Melbourne Journal of International Law, 20 248-276 (2019) [C1]
|
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| 2017 |
Young TN, Sibson R, Maguire A, 'Educating managers for equity and social justice: Integrating Indigenous knowledges and perspectives in Australian sport, recreation and event management curricula', Journal of Hospitality Leisure Sport & Tourism Education, 21 135-143 (2017) [C1]
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| 2017 |
Maguire AM, McGee J, 'A Universal Human Right to Shape Responses to a Global Problem? The Role of Self-determination in Guiding the International Legal Response to Climate Change', Review of European, Comparative and International Environmental Law, 26 54-68 (2017) [C1]
|
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| 2017 | Maguire AM, 'Case Comment: Plaintiff S195/2016 v Minister for Immigration and Border Protection [2017] HCA 31 (17 August 2017)', University of New South Wales Law Journal Forum, 1-12 (2017) [C1] | ||||||||||
| 2016 |
McCarthy S, Maguire AM, Elton A, 'Executive Detention: Still no effective review for detainees', Alternative Law Journal, 41 249-253 (2016) [C1]
|
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| 2016 | Maguire AM, 'The UN declaration on the rights of indigenous peoples and self-determination in Australia: using a human rights approach to promote accountability', 2014 New Zealand Yearbook of International Law, 12 105-134 (2016) [C1] | ||||||||||
| 2016 |
Maguire AM, Houghton S, 'The Bali Nine, Capital Punishment and Australia's Obligation to Seek Abolition', Current Issues in Criminal Justice, 28 67-91 (2016) [C1]
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| 2015 |
Maguire AM, Young T, 'Indigenisation of curricula: Current teaching practices in law', Legal Education Review, 25 95-119 (2015) [C1]
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| 2015 |
Maguire AM, Bereicua L, Fleming A, Freeman O, 'Australia, Asylum Seekers and Crimes Against Humanity?', Alternative Law Journal, 40 185-189 (2015) [C1]
|
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| 2015 |
Brent KA, McGee JS, Maguire AM, 'Does the 'No-Harm' Rule Have a Role in Preventing Transboundary Harm and Harm to the Global Atmospheric Commons from Geoengineering?', Climate Law, 5 35-63 (2015) [C1]
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| 2014 | Maguire AM, 'Self-determination, Justice, and a 'Peace Process': Irish Nationalism, the Contemporary Colonial Experience and the Good Friday Agreement', Seattle Journal for Social Justice, 13 537-581 (2014) [C1] | ||||||||||
| 2013 |
Maguire AM, 'Contemporary Anti-colonial Self-determination Claims and the Decolonisation of International Law', Griffith Law Review, 22 238-268 (2013) [C1]
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| 2010 | Howard-Wagner D, Maguire AM, ''The Holy Grail' or 'The Good, the Bad and the Ugly'?: A qualitative exploration of the ILUAs agreement-making process and the relationship between ILUAs and native title', Australian Indigenous Law Review, 14 71-85 (2010) [C1] | ||||||||||
| 2008 |
Maguire AM, 'Law protecting rights: Restoring the law of self-determination in the neo-colonial world', Law Text Culture, 12 12-39 (2008) [C1]
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| 2006 |
Hamber B, Hillyard P, Maguire AM, McWilliams M, Robinson G, Russell D, Ward M, 'Discourses in transition: Re-imagining women's security', International Relations, 20 487-502 (2006) [C1]
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| 2006 | Maguire AM, 'Murdering myths: The story behind the death penalty (Book review)', British Journal of Criminology, 46 532-534 (2006) [C3] | ||||||||||
| Show 26 more journal articles | |||||||||||
Conference (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2016 |
Young TN, Maguire A, 'Decolonising tourism education through Indigenisation: Responsive efforts to the corporate social responsibility of Australian universities', Think Tank XVI: Corporate Responsibility in Tourism - Standards, Practices and Policies. Think Tank Papers & Presentations, Berlin, Germany (2016) [E1]
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Other (63 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2020 |
Maguire A, McNamara D, 'Sending children back to school during coronavirus has human rights implications', (2020) [O1]
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| 2019 | Maguire A, 'Explainer: what is extradition between countries and how does it work?', (2019) | ||||
| 2019 | Maguire A, 'Religious Schools and the Sex Discrimination Act', ( issue.1 pp.3-6): Warringal Publications (2019) | ||||
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Thesis / Dissertation (1 outputs)
| Year | Citation | Altmetrics | Link |
|---|---|---|---|
| 2011 | Maguire AM, Let The People Decide: Self-Determination, Liberation from the Colonial Experience and the Human Rights Approach, University of Newcastle (2011) |
Grants and Funding
Summary
| Number of grants | 12 |
|---|---|
| Total funding | $306,034 |
Click on a grant title below to expand the full details for that specific grant.
20182 grants / $3,000
ECR Research Grant$2,000
Funding body: Faculty of Business and Law
| Funding body | Faculty of Business and Law |
|---|---|
| Project Team | Amy Maguire |
| Scheme | Faculty Research Grant |
| Role | Lead |
| Funding Start | 2018 |
| Funding Finish | 2018 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Sponsored Participant at the 7th Annual Four Societies of International Law Conference$1,000
Funding body: Australian and New Zealand Society of International Law
| Funding body | Australian and New Zealand Society of International Law |
|---|---|
| Scheme | Sponsored Scholar - 7th Annual Four Societies Conference |
| Role | Lead |
| Funding Start | 2018 |
| Funding Finish | 2018 |
| GNo | |
| Type Of Funding | Grant - Aust Non Government |
| Category | 3AFG |
| UON | N |
20175 grants / $163,314
Research Advantage Early Career Researcher HDR Candidate Scholarship$100,000
Funding body: Research Advantage UON
| Funding body | Research Advantage UON |
|---|---|
| Project Team | Amy Maguire |
| Scheme | HDR Scholarship |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2020 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Deputy Vice-Chancellor (Research and Innovation) Grant for Early Career Interdisciplinary Research$50,000
Funding body: The University of Newcastle - Research and Innovation Division
| Funding body | The University of Newcastle - Research and Innovation Division |
|---|---|
| Project Team | Hedda Askland, Raymond Chiong, Natalie Lockart, Amy Maguire and Jane Rich |
| Scheme | Deputy Vice-Chancellor (Research and Innovation) Grant for Early Career Interdisciplinary Research |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2018 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
2016 Overall Vice-Chancellor's Award For Early Career Research and Innovation Excellence$9,014
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Associate Professor Amy Maguire |
| Scheme | VC's Award for Research and Innovation Excellence |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2017 |
| GNo | G1700039 |
| Type Of Funding | Internal |
| Category | INTE |
| UON | Y |
ARC Grant Preparation Award$4,000
Funding body: Faculty of Business and Law, The University of Newcastle
| Funding body | Faculty of Business and Law, The University of Newcastle |
|---|---|
| Project Team | Amy Maguire |
| Scheme | Faculty Research Project Grant |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2017 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Dean's Certificate for Excellence in Teaching$300
Funding body: Newcastle Law School
| Funding body | Newcastle Law School |
|---|---|
| Project Team | Amy Maguire |
| Scheme | Dean's Certificate for Excellence in Teaching |
| Role | Lead |
| Funding Start | 2017 |
| Funding Finish | 2017 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20162 grants / $109,800
Enhancing university retention and success for first-in-family, low SES students through a flipped classroom learning model$89,800
Funding body: Department of Education
| Funding body | Department of Education |
|---|---|
| Project Team | Professor Johanna Macneil, Associate Professor Amy Maguire, Doctor Marcus Rodrigs, Doctor David Cameron, Doctor Robert Zinko |
| Scheme | Higher Education Participation and Partnerships Programme |
| Role | Investigator |
| Funding Start | 2016 |
| Funding Finish | 2016 |
| GNo | G1600149 |
| Type Of Funding | C2110 - Aust Commonwealth - Own Purpose |
| Category | 2110 |
| UON | Y |
Evidence-Based Law and Practice Priority Research Initiative$20,000
Funding body: Faculty of Business and Law, University of Newcastle
| Funding body | Faculty of Business and Law, University of Newcastle |
|---|---|
| Project Team | Nola Ries, John Anderson, Tim Connor, Katherine Lindsay, Shaun McCarthy, Nicola Ross |
| Scheme | Priority Research Initiatives |
| Role | Investigator |
| Funding Start | 2016 |
| Funding Finish | 2016 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20151 grants / $2,000
Faculty of Business and Law Excellence in Law Teaching Award$2,000
Funding body: Faculty of Business and Law, University of Newcastle
| Funding body | Faculty of Business and Law, University of Newcastle |
|---|---|
| Scheme | Unknown |
| Role | Lead |
| Funding Start | 2015 |
| Funding Finish | 2015 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20112 grants / $27,920
The Right to Self-Determination in International Law: A study of the colonial experiences of Irish nationalists and Indigenous peoples in Australia$24,920
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Associate Professor Amy Maguire |
| Scheme | Equity Research Fellowship |
| Role | Lead |
| Funding Start | 2011 |
| Funding Finish | 2011 |
| GNo | G1000910 |
| Type Of Funding | Internal |
| Category | INTE |
| UON | Y |
Faculty of Business and Law Teaching and Learning Grant$3,000
Funding body: Faculty of Business and Law, University of Newcastle
| Funding body | Faculty of Business and Law, University of Newcastle |
|---|---|
| Project Team | Dr Amy Maguire, Dr Tamara Young |
| Scheme | Unknown |
| Role | Lead |
| Funding Start | 2011 |
| Funding Finish | 2011 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Research Supervision
Number of supervisions
Past Supervision
| Year | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2019 | Honours | The Impact of Australia's Human Rights Council Membership on Indigenous Policy and Action | Law, Faculty of Business and Law, The University of Newcastle | Sole Supervisor |
| 2017 | PhD | The Potential of the No-Harm Rule to Prevent Transboundary Harm and Harm to the Global Atmospheric Commons from SRM Geoengineering | Law, University of Tasmania | Co-Supervisor |
| 2016 | Masters | A test of character: have the Minister’s powers under the Migration character regime undermined the rule of law and what is the operation of these powers in practice? | Law, Faculty of Business and Law, The University of Newcastle | Sole Supervisor |
| 2015 | Honours | Statelessness in International Law | Law, Faculty of Business and Law, University of Newcastle | Sole Supervisor |
| 2014 | Honours | The First Piece of the Displacement Puzzle: A Pacific Treaty on Climate Change-Induced Migration | Law, Faculty of Business and Law, University of Newcastle | Sole Supervisor |
| 2013 | Honours | The Hart-Fuller Debate Lacks Conflict | Law, Faculty of Business and Law, University of Newcastle | Sole Supervisor |
| 2011 | Honours | Evading the Rising Tide: Development of a Legal Response to the Climate Change Displacement Dilemma | Law, Faculty of Business and Law, University of Newcastle | Sole Supervisor |
| 2008 | Honours | Trafficked, Traded, Turned Away: A Critical Evaluation of Australian Law in Relation to Trafficked Women | Law, Faculty of Business and Law, The University of Newcastle | Sole Supervisor |
Research Projects
Modelling climate change-driven human displacement in the Hunter region of NSW: An interdisciplinary assessment of risks and adaptation strategies 2017 -
The notion of climate change-induced displacement remains underexplored within the context of the developed world. This project will initiate an inquiry into climate change induced-displacement in Australia, using the Hunter Region of NSW as a case study. Cutting across conventional disciplinary boundaries, the project will draw on insights from engineering, information technology, law, public health and anthropology. By listening to the co-presence of diverse analytical perspectives, the researchers will seek collaborative moments driving new knowledge and a holistic understanding of risks and adaptation strategies in the context of climate change. Using climate models and projections of mobility and migration, the project will: (i) investigate how climate change may manifest within the lives of Hunter residents; (ii) assess risks of displacement; (iii) consider legal and logistical tools that are required to adapt to the projected climate reality; (iv) consider political tools for effective adaptation and mitigation; and (v) present a conceptual framework for understanding climate change induced displacement in the context of the Hunter, including how it relates to psychosocial and environmental distress.
Grants
Deputy Vice-Chancellor (Research and Innovation) Grant for Early Career Interdisciplinary Research
Funding body: The University of Newcastle - Research and Innovation Division
| Funding body | The University of Newcastle - Research and Innovation Division |
|---|---|
| Scheme | Deputy Vice-Chancellor (Research and Innovation) Grant for Early Career Interdisciplinary Research |
Collaborators
| Name | Organisation |
|---|---|
| Doctor Natalie Anne Lockart | University of Newcastle |
| Doctor Hedda Haugen Askland | University of Newcastle |
| Doctor Jane Louise Rich | University of Newcastle |
| Associate Professor Raymond Jun Wen Chiong | University of Newcastle |
Human Displacement: An International Law, Human Rights and Risk Reduction Nexus 2017 -
The objective of this study is to examine the frameworks of international law and human rights with respect to human displacement and inquire into the potential future role those frameworks might play in reducing the risk of displacement. To meet this objective, the following aims will be pursued:
Examine the fitness for purpose of current frameworks, policies, agreements and institutions of international law and human rights in protecting displaced people;
Analyse the points of intersection of public international law generally, international human rights law, and human displacement;
Analyse the competing interests involved in crafting policies, such as refugee and migration policies, that impact the response to human displacement;
Identify the preventive roles international law and human rights can play in the context of human displacement; and
Define the hierarchy of responsibilities and the relationships among the various actors working on human displacement including national authorities, international organisations and non-governmental organisations based on the current order of international law.
Grants
Research Advantage Early Career Researcher HDR Candidate Scholarship
Funding body: Research Advantage UON
| Funding body | Research Advantage UON |
|---|---|
| Scheme | HDR Scholarship |
Collaborators
| Name | Organisation |
|---|---|
| Doctor Jason Kyle Von Meding | University of Newcastle |
Self Determination Revived: A Problem-Solving Tool for International Law 2015 -
Struggles for the collective human right of self-determination lie at the heart of many global problems, yet the right is rarely invoked. This project aims to enhance the problem-solving capacity of international law by reviving the right of self-determination. Using legal and sociological methods, the project intends to show self-determination's problem-solving potential in non-traditional settings. Expected outcomes include principles and mechanisms designed to facilitate the assertion and assessment of claims. This should deliver social benefit in Australia and internationally, by driving robust legal and policy responses to crises like Brexit and climate-driven human displacement and enhancing human rights for vulnerable communities.
Grants
2016 Overall Vice-Chancellor's Award For Early Career Research and Innovation Excellence
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Associate Professor Amy Maguire |
| Scheme | VC's Award for Research and Innovation Excellence |
The Right to Self-Determination in International Law: A study of the colonial experiences of Irish nationalists and Indigenous peoples in Australia
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Associate Professor Amy Maguire |
| Scheme | Equity Research Fellowship |
Publications
Maguire AM, 'Law protecting rights: Restoring the law of self-determination in the neo-colonial world', Law Text Culture, 12 12-39 (2008) [C1]
Maguire AM, 'Contemporary Anti-colonial Self-determination Claims and the Decolonisation of International Law', Griffith Law Review, 22 238-268 (2013) [C1]
Maguire AM, 'Self-determination, Justice, and a 'Peace Process': Irish Nationalism, the Contemporary Colonial Experience and the Good Friday Agreement', Seattle Journal for Social Justice, 13 537-581 (2014) [C1]
Maguire AM, 'The UN declaration on the rights of indigenous peoples and self-determination in Australia: using a human rights approach to promote accountability', 2014 New Zealand Yearbook of International Law, 12 105-134 (2016) [C1]
Refugees and Human Rights 2015 -
Research within this project focuses on human rights law issues raised by Australian and global responses to refugees and people seeking asylum. This includes a study on the potential for the collective human right of self-determination to be extrapolated into the refugee context.
This is a key area of focus for Dr Maguire's column on The Conversation: https://theconversation.com/profiles/amy-maguire-129609/articles
Publications
Maguire AM, Bereicua L, Fleming A, Freeman O, 'Australia, Asylum Seekers and Crimes Against Humanity?', Alternative Law Journal, 40 185-189 (2015) [C1]
McCarthy S, Maguire AM, Elton A, 'Executive Detention: Still no effective review for detainees', Alternative Law Journal, 41 249-253 (2016) [C1]
Maguire AM, 'Why does international condemnation on human rights mean so little to Australia?', The Conversation Yearbook 2016: 50 standout articles from Australia's Top Thinkers, Melbourne University Press, Melbourne 70-74 (2016)
Collaborators
| Name | Organisation |
|---|---|
| Professor John Lance Anderson | University of Newcastle |
| Professor Jim William Jose | University of Newcastle |
Self-determination and Climate Change Displacement 2015 -
International climate change law is at a critical juncture. Two decades of international treaty negotiations have delivered rising greenhouse gas emissions and minimal adaptation funding. The pattern of negotiations suggests that key States will often only make significant commitments that are aligned with their material interests and reciprocated by their competitors. This ‘logic of reciprocity’ in international climate negotiations has limited ambition such that vulnerable States are facing existential threats from sea level rise, storm surge and salt-water inundation. We consider whether the international legal system offers any alternative logics that might found a duty on emitters to reduce their emissions in a timelier fashion and respond to climate-change-induced forced migration. We therefore focus on the foundational principle of the self-determination of peoples, a collective human right which has supported movements towards decolonization and the emancipation of oppressed peoples. We argue that self-determination might offer an alternative logic of duty on high-emitting States to the plight of populations who find their territory (and potentially their nationhood) under threat from anthropogenic climate change.
Publications
Maguire AM, McGee J, 'A Universal Human Right to Shape Responses to a Global Problem? The Role of Self-determination in Guiding the International Legal Response to Climate Change', Review of European, Comparative and International Environmental Law, 26 54-68 (2017) [C1]
Collaborators
| Name | Organisation |
|---|---|
| Jeffrey McGee | University of Tasmania |
Australia's Advocacy Role in the Global Abolition of Capital Punishment 2015 -
The executions of Australian nationals Andrew Chan and Myuran Sukumaran in April 2015 brought capital punishment to the forefront of public consciousness in Australia. Indonesia carried out their death sentences, and those of six others convicted of drug offences, despite Australia’s determined advocacy for clemency. Their deaths represent a tiny fraction of the numbers killed in execution of the death penalty each year, but ought to prompt a renewed inquiry into the global practice of capital punishment and Australia’s position in relation to it. Research within this project identifies the states which continue to impose the death penalty and those which oppose it. It situates capital punishment as a human rights issue, and explores how Australia can fully undertake its international legal commitments through more prominent and effective advocacy for the abolition of the death penalty worldwide. This research has informed contribution to national parliamentary inquiries and reports regarding Australia's role in the abolition of capital punishment.
Publications
Maguire AM, 'Hard line on refugees undermines principled opposition to execution', Politics, Policy, and the chance of change: The Conversation 2015 Yearbook, Melbourne University Press, Melbourne 272-275 (2015)
Maguire AM, Houghton S, 'The Bali Nine, Capital Punishment and Australia's Obligation to Seek Abolition', Current Issues in Criminal Justice, 28 67-91 (2016) [C1]
Indigenisation of tertiary curricula 2011 -
This project explores the justifications for, and methods of, 'Indigenising' higher education curricula. The collaborators are concerned with the incorporation of Indigenous-related content, and Indigenous perspectives and law in university teaching and learning.
Grants
Faculty of Business and Law Excellence in Law Teaching Award
Funding body: Faculty of Business and Law, University of Newcastle
| Funding body | Faculty of Business and Law, University of Newcastle |
|---|---|
| Scheme | Unknown |
Faculty of Business and Law Teaching and Learning Grant
Funding body: Faculty of Business and Law, University of Newcastle
| Funding body | Faculty of Business and Law, University of Newcastle |
|---|---|
| Scheme | Unknown |
Publications
Maguire AM, Young T, 'Indigenisation of curricula: Current teaching practices in law', Legal Education Review, 25 95-119 (2015) [C1]
Young TN, Maguire A, 'Decolonising tourism education through Indigenisation: Responsive efforts to the corporate social responsibility of Australian universities', Think Tank XVI: Corporate Responsibility in Tourism - Standards, Practices and Policies. Think Tank Papers & Presentations, Berlin, Germany (2016) [E1]
Young T, Maguire AM, 'Indigenization of curricula: trends and issues in tourism education', Handbook of Teaching and Learning in Tourism, Edward Elgar, Cheltenham, UK 455-463 (2017) [B1]
Collaborators
| Name | Organisation |
|---|---|
| Associate Professor Tamara Nicole Young | University of Newcastle |
Edit
News
The ‘Torres Strait 8’ versus Australia: Law Professor delivers presentation at Human Rights Day
December 3, 2020
Transformative early entry into Law supports people from a refugee background
August 28, 2020
Associate Professor Amy Maguire on understanding the human rights issues of the Covid-19 pandemic
April 29, 2020
Future research leaders receive funding boost
October 22, 2019
Teaching excellence recognised with AAUT awards
March 21, 2019
Dr Amy Maguire finalist in Women in Law Awards
September 8, 2016
Is Australia guilty of crimes against humanity?
October 27, 2014
A referendum in Northern Ireland could mean more than just Yes or No
October 9, 2014
Newcastle Law School panel accepted at prestigious conference
September 22, 2014
Is Australia a Responsible International Citizen?
August 20, 2014
Associate Professor Amy Maguire
Position
Associate Professor
Newcastle Law School
College of Human and Social Futures
Contact Details
| amy.maguire@newcastle.edu.au | |
| Phone | (02) 4921 5374 |
| Links |
Research Networks Research Networks Research Networks |
Office
| Room | X-530 |
|---|---|
| Building | NeW Space |
| Location | City Campus , |
NEWS • Dec 03.2020
The ‘Torres Strait 8’ versus Australia: Law Professor delivers presentation at Human Rights Day
Purai member and University of Newcastle’s Law school Professor, Amy Maguire will talk about a world-first claim by Indigenous people which connects climate change impacts to human rights on Human Rights Day.
NEWS • Aug 28.2020
Transformative early entry into Law supports people from a refugee background
As a driving force for equity in higher education, the University of Newcastle has launched Australia’s first scheme to offer people from a refugee background the opportunity to gain early entry to study Law.
NEWS • Apr 29.2020
Associate Professor Amy Maguire on understanding the human rights issues of the Covid-19 pandemic
Law School academic helps to shape public understanding regarding human rights issues during the pandemic.
NEWS • Oct 22.2019
Future research leaders receive funding boost
The inaugural Research Advantage NEWstar program will support 13 aspiring University of Newcastle mid-career researchers to further develop their research leadership skills.
NEWS • Sep 08.2016
Dr Amy Maguire finalist in Women in Law Awards
University of Newcastle academic Dr Amy Maguire is a finalist in the academic category.
NEWS • Oct 27.2014
Is Australia guilty of crimes against humanity?
Dr Amy Maguire examines if the International Criminal Court prosecute Australia for crimes against humanity?
NEWS • Oct 09.2014
A referendum in Northern Ireland could mean more than just Yes or No
In the wake of the Scottish referendum, Martin McGuinness, the deputy first minister of Northern Ireland, renewed his party Sinn Féin's call for a "border poll"