Professor Amy Maguire
Professor
School of Law and Justice
- Email:amy.maguire@newcastle.edu.au
- Phone:(02) 4921 5374
A leading figure in social justice
An expert in human rights and public international law, Associate Professor Amy Maguire translates her research for policy advice, law reform, and public education. She engages at national and global levels, with governments, peak organisations, and legal professionals.
Amy shares the benefits of research translation through collaboration with students and legal practitioners in public inquiry processes. Amy has reached over 1.1 million readers through online articles that explain public law and human rights issues for broad audiences. Her capacity to effectively translate research has generated impactful opportunities, including appointment to the board of Reconciliation NSW, the peak body for reconciliation in NSW.
Associate Professor Maguire has demonstrated outstanding commitment to research engagement for over 15 years. She takes a collaborative approach to human rights research with key stakeholders including the Australian Human Rights Commission, with whom she has designed a major project to enhance human rights education for public sector workers and the broader community. Amy helps to inform specialist and public audiences about topical issues in public law through online writing and media commentary, and consults with key civil society organisations and individuals with particular rights needs.
Amy describes her submissions to parliamentary inquiries as a key contribution of her work.
“Inquiry processes are so important in the formative process for effective and trustworthy laws. I’ve had several opportunities to make submissions and give evidence to inquiry committees – invariably, committee members ask questions that challenge me to see how proposed laws might operate in practice.
I’ve been privileged to help shape the recommendations of inquiries on significant rights issues, including Australia’s advocacy for the abolition of the death penalty, proposed religious discrimination laws, and the incorporation of the UN Declaration of the Rights of Indigenous Peoples into Australian law.
Amy is now often invited to advise the Queensland Parliament on the compatibility of proposed laws with Queensland’s Human Rights Act. “This work is fascinating and gives me new insight into processes of legal design and reform and government decision-making.”
The benefits of Amy’s engagement are diverse and impactful. For example, her leadership in establishing early entry programs to Law for students from Indigenous and refugee backgrounds has increased student aspiration and retention and promoted inclusion and diversity in the School of Law and Justice.
Since 2021, Amy has had the privilege of serving as a foundation Director of the Centre for Law and Social Justice at the University of Newcastle. The Centre for Law and Social Justice is based in the Newcastle School of Law and Justice and is a site for research, engagement, learning, and advocacy. Here, expert researchers and clinical staff partner with students, communities, and key organisations. In its first two years of operation, under Amy’s leadership, the Centre has built a national and global profile as a driving force in social justice research, policymaking, law reform, and community engagement.
Amy celebrates the collaborative efforts of University staff, associates from other institutions and partner organisations in the community and legal sectors for rapidly building the Centre’s standing as a trustworthy institution committed to promoting access to justice and innovative solutions to legal challenges in Australian society.
“One of our proudest innovations is the establishment, in partnership with Australian Lawyers for Human Rights, of an annual Youth Forum for school students in the Hunter region. These events enhance the capacity of young people in our region to learn about and contribute to social understanding of rights issues that have major impacts on them and their futures.”
A leading figure in social justice
An expert in human rights and public international law, Associate Professor Amy Maguire translates her research for policy advice, law reform, and public education. She engages at national and global levels, with governments, peak organisations, and legal professionals.
Career Summary
Biography
Dr Amy Maguire is a Professor of human rights and international law at the School of Law and Justice, University of Newcastle, Australia. She is a founding Co-Director of the Centre for Law and Social Justice, a member of the Human Rights Advisory Panel to the Queensland Parliament and a board member of Reconciliation NSW.
Professor Maguire is an Australian Research Council Industry Fellow, partnering with the Australian Human Rights Commission on a four year project (2025-2029) that aims to ensure that Australia can deliver its commitments to human rights reform. This research is focused on national human rights law reform, human rights education for the Australian community and public sector, and the establishment of a robust system of human rights measurement to track performance and set goals for future achievement.
Between 2021-2024, Professor Maguire served as Deputy Head of the School of Law and Justice and has previously undertaken an extensive range of service roles across research, research training, teaching and learning, and student support. She is a Senior Fellow of Advance HE, the global higher education academy, and a recipient of the Australian Award for Teaching Excellence and a national Citation for Outstanding Contributions to Student Learning in human rights and international law (Australian Awards for University Teaching).
Professor Maguire has published extensively in Australian and international journals and edited collections. She is a top ranked author for The Conversation on human rights topics. Professor Maguire is a steering committee member of the national Human Rights Act campaign (convened by the Human Rights Law Centre) and the Human Rights for NSW Alliance (convened by Australian Lawyers for Human Rights). She has made several impactful contributions to law reform processes, including through submissions to public inquiries and evidence to parliamentary hearings.
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
- Death penalty
- Human rights
- Human rights institutions
- Indigenisation
- Indigenous legal issues
- Law reform
- Public International Law
- Refugees and human rights
- Self-determination
Fields of Research
| Code | Description | Percentage |
|---|---|---|
| 480504 | Legal institutions (incl. courts and justice systems) | 20 |
| 480406 | Law reform | 20 |
| 480307 | International humanitarian and human rights law | 60 |
Professional Experience
UON Appointment
| Title | Organisation / Department |
|---|---|
| Professor | University of Newcastle Newcastle Law School Australia |
Academic appointment
| Dates | Title | Organisation / Department |
|---|---|---|
| 1/1/2021 - | Director, Centre for Law and Social Justice | School of Law and Justice, University of Newcastle Australia |
| 1/1/2021 - 30/6/2024 | Deputy Head of School | School of Law and Justice, University of Newcastle Australia |
| 1/7/2019 - 31/12/2020 | Program Convenor - Juris Doctor | Newcastle Law School Australia |
| 1/1/2016 - 30/12/2018 | Senior 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 |
| 12/3/2012 - 31/12/2015 | Lecturer | Newcastle Law School Australia |
| 1/6/2011 - 16/3/2012 | Co-Chair | Faculty of Business and Law Academic Women's Network Australia |
| 3/1/2011 - 31/12/2021 | Indigenous Student Liaison | Newcastle Law School Australia |
| 1/1/2008 - | Membership - Australian and New Zealand Society of International Law | Australian and New Zealand Society of International Law 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 | 1/1/0001 - 10/12/2021 |
| LAWS4012 |
Public International Law Newcastle Law School |
Course Coordinator | 1/1/0001 - 10/12/2021 |
| LAWS5014/6019 |
International Human Rights Law The University of Newcastle |
LAWS5014/6019 International Human Rights Law | 1/1/0001 - 10/12/2021 |
Publications
For publications that are currently unpublished or in-press, details are shown in italics.
Chapter (8 outputs)
| Year | Citation | Altmetrics | Link | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2024 |
McGaughey F, Maguire A, Baird N, Gomez J, Nayacalevu R, 'The Significance of the UPR in the Absence of a Regional Human Rights System The Case of the Asia Pacific', 215-247 (2024) [B1]
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| 2021 |
Maguire A, 'Self-determination claimant groups and the creation of international norms', 74, 75-100 (2021) [B1]
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| 2020 |
Maguire A, 'Climate change-related displacement of coastal and island peoples: human rights implications', 152-173 (2020) [B1]
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| 2017 |
Young T, Maguire AM, 'Indigenization of curricula: trends and issues in tourism education', 455-463 (2017) [B1]
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| 2009 |
Maguire AM, ''Security starts with the law': The role of international law in the protection of women's security post-conflict', -, 218-243 (2009) [B1]
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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 (2016) [E1]
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Open Research Newcastle |
Journal article (40 outputs)
| Year | Citation | Altmetrics | Link | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2024 |
Baird N, Maguire A, 'National human rights institutions in Australia and Aotearoa New Zealand: plugging the accountability gap', Australian Journal of Human Rights, 30, 300-308 (2024)
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| 2024 |
Woldemariam S, Maguire A, Von Meding J, 'A Centenary of Multilateral Response to Forced Human Displacement: Legacies, Limitations and the Future', Melbourne Journal of International Law, 25 (2024) [C1]
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| 2023 | McGaughey F, Rafferty R, Maguire A, 'Transitional justice from above and below: exploring the potential glocalising role of non-governmental organisations through a Northern Ireland case study', Northern Ireland Legal Quarterly, 74, 472-509 (2023) [C1] | Open Research Newcastle | |||||||||
| 2023 |
McGaughey F, Maguire A, Purcell S, 'Torres Strait Islanders Leading the Charge on the Human Rights Implications of Climate Change: Daniel Billy et al. v Australia', University of Western Australia Law Review, 51, 88-98 (2023) [C1]
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| 2023 |
Butchers B, Linder D, Maguire A, 'REPARATIONS AND FIRST NATIONS' LEGAL RIGHTS IN AUSTRALIA', UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL, 46, 791-835 (2023) [C1] This article explores concepts of loss and reparations under the Australian legal system, examining whether either conceptualisation adequately attends to First Nations' expe... [more] This article explores concepts of loss and reparations under the Australian legal system, examining whether either conceptualisation adequately attends to First Nations' experiences of intangible loss. Using two case studies ¿ the Stolen Generations and dust disease ¿ this article critiques the typical approaches taken by the Australian legal system in response to injustices inflicted on First Nations Peoples. This article advocates for the Australian legal system to approach reparations and compensation by centring intangible loss. This will allow for a framework to be developed that can cater for First Nations' distinctive experiences of loss, in contrast to the current system which has limited consideration and understanding of such experiences and losses.
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| 2022 | Larkin D, Hobbs H, Lino D, Maguire A, 'Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States', University of Queensland Law Journal, 41 (2022) [C1] | Open Research Newcastle | |||||||||
| 2022 |
McGaughey F, Kenny MA, Maguire A, Harris Rimmer S, 'International human rights law – lessons in the era of COVID-19', Australian Journal of Human Rights, 27, 189-210 (2022) [C1] The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation an... [more] The COVID-19 pandemic has brought the connections between law and public health into stark relief. The pandemic has demonstrated both the essential nature of global cooperation and international regulation to promote universal rights to life and health, and the potentially harmful impacts of limitations imposed on human rights in time of emergency. It has also tested the international human rights framework, which allows for permissible limitations on human rights where required, but which remains subject to widely varying domestic implementation. In this paper, we explore the relationship between international human rights law and the COVID-19 pandemic, including a focus on the rights of vulnerable individuals and communities who have experienced disproportionate impacts from both the pandemic itself and from measures that constrain the exercise of human rights. We propose that the inquiry and monitoring mechanisms of the UN human rights bodies provide important avenues for addressing the human rights implications of COVID-19 and Government responses to the pandemic. We also review Australia's domestic implementation of international human rights law and its relevance in the era of COVID-19, noting the piecemeal approach to human rights protection under Australian law. We conclude that this time of emergency provides an opportunity for the progressive development of international human rights law, via principles of reciprocity, social protection, human rights preparedness and comprehensive normative protection for a right to public health.
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| 2022 |
Maguire A, Garnham A, Elton A, Heaney J, 'Delivering International Criminal Justice through Domestic Law? The Case of Flight MH17', Australian Year Book of International Law, 40, 303-342 (2022) [C1] On 17 July 2014, a passenger jet was struck down mid-flight over eastern Ukraine killing all 298 civilians on board. Malaysia Airlines Flight MH17 was travelling from Amsterdam to... [more] On 17 July 2014, a passenger jet was struck down mid-flight over eastern Ukraine killing all 298 civilians on board. Malaysia Airlines Flight MH17 was travelling from Amsterdam to Kuala Lumpur on a flight path and altitude that was declared open by Ukraine.1 The Boeing 777-200 was travelling at an alti¬tude of 33,000ft when, at 1:20PM, the left-hand side of the cockpit was hit.2 Evidence would later indicate that a surface-to-air missile targeted the aircraft and a warhead detonated outside the left-hand side of the cockpit, causing the cockpit to break away from the fuselage.3 The plane was hit in a pro-Russian rebel controlled region in eastern Ukraine where active conflict was underway.4 The victims, by nationality, included 192 Dutch, 44 Malaysians, 27 Australians, 12 Indonesians, 10 British, four Germans, four Belgians, three Filipinos, one Canadian and one New Zealander.5 The international community was shocked by an attack on a passenger plane and the atrocity raised immedi¬ate questions of legal responsibility. Since the crash, multiple legal forums have been engaged to estab¬lish responsibility for the downing of the plane. Malaysia Airlines and five Australian families who lost their loved ones reached a financial settlement because of the airline's decision to fly over an active war zone.6 There are also several cases before international courts alleging Russian responsibility for intervening militarily in the region, financing terrorism and supplying missiles to separatists who allegedly perpetrated the attack.7 Ukraine is also in the spot-light for allegedly failing to close the airspace above the active Donetsk conflict zone before MH17 was downed.8 These legal actions have aimed to attribute accountability and bring some measure of justice for the victims' families. However, the principal focus in attributing responsibility has been on the arrest and prosecution of alleged individual offenders. In the aftermath of the attack, the Joint Investigative Taskforce ('JIT'), comprised of personnel from the Netherlands, Ukraine, Australia, Belgium and Malaysia, worked to unearth the facts of the incident and establish an international prosecution mechanism.9 Ukraine transferred jurisdiction to the Netherlands to try those accused of downing the aircraft, following a Russian veto for a United Nations ('UN') led international tribunal.10 Following years of investigation, charges were laid against Igor Girkin, Sergei Dubinskiy, Oleg Pulatov and Leonid Kharchenko.11 The trial in the Netherlands commenced on 9 March 2020.12 Only Pulatov has sought representation and, although he is not physically present before the court, he is therefore regarded as legally present. The trial of the other three accused is being conducted in absentia as they have not sought to be represented by defence counsel or respond to the charges. At the time of writing, hearings are underway following multiple disruptions resulting from the COVID-19 pandemic.13 This article critically considers the Dutch trial and prosecution process, and how it might or might not serve the interests of justice for the victims of MH17. The trial is currently in its third year. To date, opening arguments have been presented, the Prosecution case has been put forward, victim impact state¬ments have been provided and defence arguments presented. It is expected that the Court will deliver its judgment in late 2022.14 In Part Two, we con¬sider the aims of international criminal justice when a crime causes harm to foreign nationals across multiple jurisdictions. In Part Three, we consider the complex JIT investigation into the atrocity, how this investigation was hindered and the effects for the delivery of international criminal justice. In Part Four, we consider the choice to prosecute individuals under the Dutch Criminal Code. We focus particularly on the trial as it is progressing. Firstly, we consider whether applying Dutch domestic law...
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| 2022 |
Delaney K, Maguire A, 'Implementing the Sustainable Development Goals post-COVID-19: A study of Australia and Sweden', Alternative Law Journal, 47, 168-172 (2022) [C1]
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| 2022 |
Askland HH, Shannon B, Chiong R, Lockart N, Maguire A, Rich J, Groizard J, 'Beyond migration: a critical review of climate change induced displacement', ENVIRONMENTAL SOCIOLOGY, 8, 267-278 (2022) [C1] Scholarship on displacement caused by the effects of climate change generally approaches displacement as the involuntary movement of people. However, in this article, we argue tha... [more] Scholarship on displacement caused by the effects of climate change generally approaches displacement as the involuntary movement of people. However, in this article, we argue that there are uncertainties surrounding Climate Change Induced Displacement (CCID) that are partly caused by discursive ambiguity around the notion of 'displacement'¿a concept that remains poorly defined in the context of climate change research¿and a conflation between displacement due to quick-onset disaster events and the cumulative pressure of living in an environment marked by a disrupted climate. Reflecting on the impacts of the Australian bushfires in 2019¿20, we conceptualise CCID beyond migration as an event and a physical relocation across geographical space. Even fast-onset disaster events, such as the Australian bushfires, can dispossess and displace beyond the immediate threat of the fire front; but this displacement is not necessarily aligned with movement and migration, nor is it evenly proportioned across populations. Based on a review of existing literature on CCID, we identify three key tensions shaping scholarship on CCID: conceptualisation; distribution of risk and impact; and discursive framing. Together, we contend, these tensions highlight the imperative of striving for conceptual clarity and awareness of distributional inequities of risk and vulnerabilities.
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| 2020 |
Delaney K, Maguire A, McGaughey F, 'Australia's Commitment to 'Advance the Human Rights of Indigenous Peoples around the Globe' on the United Nations Human Rights Council', Adelaide Law Review, 41, 363-363 (2020) [C1]
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| 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] | Open Research Newcastle | |||||||||
| 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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| 2019 |
Coyne B, Maguire A, Butchers B, 'Margins and Sidelines: The Marginalisation of Indigenous Perspectives in International Climate Governance', Newcastle Law Review, 14, 30-50 (2019) [C1]
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| 2018 | Maguire A, Elton A, 'Extending a Collective Human Right to Address a Global Challenge: Self-Determination for Refugees, Asylum Seekers and Internally Displaced Persons', Australian International Law Journal, 25, 227-243 (2018) [C1] | Open Research Newcastle | |||||||||
| 2018 | Maguire AM, Thompson K, 'Palestine, Self-determination and International Justice: Looking back to the ICJ and looking forward to the ICC', Griffith Law Review, 26, 532-562 (2018) [C1] | Open Research Newcastle | |||||||||
| 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] | Open Research Newcastle | |||||||||
| 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] | Open Research Newcastle | |||||||||
| 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] | Open Research Newcastle | |||||||||
| 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] | Open Research Newcastle | |||||||||
| 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 37 more journal articles | |||||||||||
Media (2 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2022 |
Atherton M, Maguire A, 'Eliminating cashless debit cards is great, but the government must be careful about what it does next' (2022)
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| 2020 |
Maguire A, McNamara D, 'Sending children back to school during coronavirus has human rights implications' (2020)
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Online Resource (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2022 |
Maguire A, McNamara D, 'Russia’s bombardment and Ukraine’s departure ban leave children and those with disabilities most vulnerable' (2022)
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Other (63 outputs)
| Year | Citation | Altmetrics | Link | ||
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| 2020 |
Li B, Maguire A, 'what are the Australian government’s powers to quarantine people in a coronavirus outbreak?' (2020)
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| 2019 | Maguire A, 'Explainer: what is extradition between countries and how does it work?', The Conversation (2019) | ||||
| 2019 | Maguire A, 'Religious Schools and the Sex Discrimination Act', Legaldate, 31, 3-6 (2019) | ||||
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Presentation (1 outputs)
| Year | Citation | Altmetrics | Link | ||
|---|---|---|---|---|---|
| 2019 |
Li B, Maguire A, 'Governance of geoengineering activities: an air and space law perspective' (2019)
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Report (2 outputs)
| Year | Citation | Altmetrics | Link | |||||
|---|---|---|---|---|---|---|---|---|
| 2024 |
Dudgeon C, Chow PYS, Faddoul D, Jones S, Maguire A, Malaquias C, McGaughey F, 'The Right to Education in Australia' (2024)
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| 2022 | Maguire A, 'Submission on behalf of the Centre for Law and Social Justice to the Senate Standing Committee on Legal and Constitutional Affairs - Inquiry into the application of the United Nations Declaration on the Rights of Indigenous Peoples in Australia' (2022) | |||||||
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' (2011) |
Grants and Funding
Summary
| Number of grants | 22 |
|---|---|
| Total funding | $2,749,259 |
Click on a grant title below to expand the full details for that specific grant.
Highlighted grants and funding
How can Australia deliver its commitments to human rights reform?$1,147,640
Funding body: ARC (Australian Research Council)
| Funding body | ARC (Australian Research Council) |
|---|---|
| Project Team | Professor Amy Maguire, Professor Amy Maguire, Professor Amy Maguire, Ms Virginia Newell |
| Scheme | Mid-Career Industry Fellowships |
| Role | Lead |
| Funding Start | 2024 |
| Funding Finish | 2028 |
| GNo | G2300986 |
| Type Of Funding | C1200 - Aust Competitive - ARC |
| Category | 1200 |
| UON | Y |
20243 grants / $2,160,887
How can Australia deliver its commitments to human rights reform?$1,147,640
Funding body: ARC (Australian Research Council)
| Funding body | ARC (Australian Research Council) |
|---|---|
| Project Team | Professor Amy Maguire, Professor Amy Maguire, Professor Amy Maguire, Ms Virginia Newell |
| Scheme | Mid-Career Industry Fellowships |
| Role | Lead |
| Funding Start | 2024 |
| Funding Finish | 2028 |
| GNo | G2300986 |
| Type Of Funding | C1200 - Aust Competitive - ARC |
| Category | 1200 |
| UON | Y |
How can Australia deliver its commitments to human rights reform?$877,648
Funding body: Australian Human Rights Commission
| Funding body | Australian Human Rights Commission |
|---|---|
| Project Team | Professor Amy Maguire, Professor Amy Maguire |
| Scheme | Research Grant |
| Role | Lead |
| Funding Start | 2024 |
| Funding Finish | 2028 |
| GNo | G2500362 |
| Type Of Funding | C2100 - Aust Commonwealth – Own Purpose |
| Category | 2100 |
| UON | Y |
Equitable Learning for Students with Invisible Disabilities in Higher Education$135,599
Funding body: Australian Centre for Student Equity and Success (ACSES)
| Funding body | Australian Centre for Student Equity and Success (ACSES) |
|---|---|
| Project Team | Doctor Caitlin Mollica, Professor Amy Maguire, Associate Professor Fiona McGaughey, Doctor Stephenson Chow, Stephenson Chow |
| Scheme | Large Grants Research Program |
| Role | Investigator |
| Funding Start | 2024 |
| Funding Finish | 2024 |
| GNo | G2400533 |
| Type Of Funding | C1500 - Aust Competitive - Commonwealth Other |
| Category | 1500 |
| UON | Y |
20233 grants / $24,523
A human rights evaluation of the health requirement under Australian migration law$9,997
Funding body: College of Human and Social Futures, University of Newcastle
| Funding body | College of Human and Social Futures, University of Newcastle |
|---|---|
| Project Team | Samuel Berhanu Woldemariam (Lead) Amy Maguire (CoInvestigator) Donna McNamara (CoInvestigator) Shaun McCarthy (CoInvestigator) |
| Scheme | CHSF Pilot Research: Projects, Pivots, Partnerships Scheme |
| Role | Investigator |
| Funding Start | 2023 |
| Funding Finish | 2023 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
External collaboration_International_Maguire$9,870
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Professor Amy Maguire |
| Scheme | External Collaboration Grant Scheme - International |
| Role | Lead |
| Funding Start | 2023 |
| Funding Finish | 2023 |
| GNo | G2300424 |
| Type Of Funding | Internal |
| Category | INTE |
| UON | Y |
The Human Right to Education in the Australian Context$4,656
Funding body: University of Newcastle
| Funding body | University of Newcastle |
|---|---|
| Project Team | Professor Amy Maguire, Doctor Stephenson Chow, Doctor Donna McNamara, Doctor Caitlin Mollica |
| Scheme | Pilot Funding Scheme |
| Role | Lead |
| Funding Start | 2023 |
| Funding Finish | 2023 |
| GNo | G2300461 |
| Type Of Funding | Internal |
| Category | INTE |
| UON | Y |
20221 grants / $2,315
CHSF Conference Travel Grant$2,315
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Conference Travel Scheme |
| Role | Lead |
| Funding Start | 2022 |
| Funding Finish | 2022 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
20213 grants / $255,500
Research Support Program stimulus grant$250,000
Funding body: Australian Commonwealth Government
| Funding body | Australian Commonwealth Government |
|---|---|
| Project Team | Associate Professor Amy Maguire |
| Scheme | Research Support Program stimulus grant |
| Role | Lead |
| Funding Start | 2021 |
| Funding Finish | 2022 |
| GNo | |
| Type Of Funding | C2120 - Aust Commonwealth - Other |
| Category | 2120 |
| UON | N |
CHSF Working Parents Research Relief Scheme$3,000
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Working Parents Research Relief Scheme |
| Role | Lead |
| Funding Start | 2021 |
| Funding Finish | 2021 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
Research Output Scheme Funding$2,500
Funding body: College of Human and Social Futures, University of Newcastle
| Funding body | College of Human and Social Futures, University of Newcastle |
|---|---|
| Project Team | Amy Maguire |
| Scheme | 2021 CHSF Research Output Scheme |
| Role | Lead |
| Funding Start | 2021 |
| Funding Finish | 2021 |
| GNo | |
| Type Of Funding | Internal |
| Category | INTE |
| UON | N |
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 | 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, Professor Amy Maguire, Associate Professor 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 | 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
Current Supervision
| Commenced | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2025 | PhD | Actualising a Participation Duty in Australian Human Rights Law | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
| 2024 | PhD | The Future is ‘Positive’: Towards a Compliance Based Model of Anti-Discrimination Law in Australia | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
| 2024 | PhD | Judging Humanity: Reassessing Hostis Generis Humani, and its Place in Contemporary International Criminal Justice | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
| 2023 | PhD | Crimmigration in the Australian Context: Impacts of Regulation on the Lived Experiences of Refugee Communities | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
| 2021 | PhD | Using Ecosystem Approach to Assess the Effectiveness of Indian Regulatory System for Supporting Traditional Farming Communities’ Knowledge | PhD (Law), College of Human and Social Futures, The University of Newcastle | Co-Supervisor |
| 2020 | PhD | Native Title and Compensation: Phase Two of Australia’s Native Title Journey | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
Past Supervision
| Year | Level of Study | Research Title | Program | Supervisor Type |
|---|---|---|---|---|
| 2024 | PhD | Redefining 'Justice' in Mandatory Immigration Detention and Fast-Track Review: Towards a New Theory of Administrative Justice | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
| 2023 | PhD | Capabilities and Climate Justice: Analysis of Climate Adaptation Policy and Practice | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
| 2021 | PhD | Forced Human Displacement, The State and International Law: A Critical Look From The South | PhD (Law), College of Human and Social Futures, The University of Newcastle | Principal Supervisor |
| 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 | An Analysis of the Failed West Papuan Decolonisation Process: National Narrative vs the Rights of a Non-Self-Governing Territory | PhD (Politics), College of Human and Social Futures, The University of Newcastle | Co-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 |
| 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 |
Students
| Program | Research Title |
|---|---|
| PhD College of Human and Social Futures |
Forced Human Displacement, The State and International Law: A Critical Look From The South |
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 | 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 | 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?', 70-74 (2016)
Students
| Program | Research Title |
|---|---|
| PhD College of Human and Social Futures |
Redefining 'Justice' in Mandatory Immigration Detention and Fast-Track Review: Towards a New Theory of Administrative Justice |
Collaborators
| Name | Organisation |
|---|---|
| Professor John Lance Anderson | University of Newcastle |
| Emeritus 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', 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 (2016) [E1]
Young T, Maguire AM, 'Indigenization of curricula: trends and issues in tourism education', 455-463 (2017) [B1]
Collaborators
| Name | Organisation |
|---|---|
| Associate Professor Tamara Nicole Young | University of Newcastle |
A Human Rights Evaluation of the Health Requirement under Australian Migration Law 2023 -
Most visa applicants that wish to enter Australia are required to meet the migration health requirement. The requirement supposedly aims to protect the public from the spread of diseases, preserve limited health infrastructures and limit health spending. In this respect, immigration laws perceive the individual migrant’s health condition as a potential threat to the public and to the State. Meanwhile, international human rights law upholds the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the State’s obligation not to discriminate based on the health status of individuals. In the context of children, for example, human rights law requires public actors to make decisions in consideration of the best interest of the child. How would this obligation impact decisions where a child does not meet the migration health requirement due to a pre-existing medical condition or disability? By reviewing the administration of the health requirement and the contemporary discourse on the right to health and non-discrimination, this project seeks to evaluate whether Australian practice accords with human rights obligations.
Grants
A human rights evaluation of the health requirement under Australian migration law
Funding body: College of Human and Social Futures | University of Newcastle
| Funding body | College of Human and Social Futures | University of Newcastle |
|---|---|
| Scheme | CHSF - Pilot Research Scheme: Projects, Pivots, Partnerships |
Collaborators
| Name | Organisation |
|---|---|
| Doctor Shaun Gerard McCarthy | University of Newcastle |
| Professor Amy Michelle Maguire | University of Newcastle |
| Doctor Donna Marie McNamara | University of Newcastle |
Edit
News
News • 14 Jun 2024
Is it time for Australia to pass a national Human Rights Act?
Australia is a human rights outlier among liberal democracies, with no national charter of human rights. Its human rights protections are piecemeal and split across a patchwork of laws, authorities and jurisdictions.
News • 21 May 2024
‘No one can act with impunity’: ICC arrest warrants in Israel-Hamas war are a major test for international justice
The request by Karim Khan, chief prosecutor of the International Criminal Court (ICC), for arrest warrants for Israeli and Hamas leaders is a significant step in the effort to bring justice to the victims of international crimes in Israel and Palestine.
News • 6 Mar 2024
ARC Fellowships advance human rights research and ‘greener’ belt conveyor technology
The University of Newcastle’s Associate Professor Amy Maguire and Professor Craig Wheeler have been awarded prestigious Australian Research Council (ARC) Mid-Career Industry Fellowships. More than $2.2m combined will fund their respective projects to support national human rights law reform; and to halve the energy used to convey Australia’s most valuable export commodities.
News • 20 Oct 2023
Can Israel and Hamas be held to account for alleged crimes against civillians?
International humanitarian law – the law of armed conflict – aims to constrain how wars are fought. It is designed to protect noncombatants and limit the means of warfare. As each hour brings news of further horror in the Israel-Hamas conflict, what role should international law be playing? And does it actually have any capacity to constrain the behaviour of the combatants?
News • 15 Oct 2023
Explainer: Australia has voted against an Indigenous Voice to Parliament. Here's what happened
A majority of Australian voters have rejected the proposal to establish an Aboriginal and Torres Strait Islander Voice to Parliament, with the final results likely to be about 40% voting “yes” and 60% voting “no”.
News • 11 Aug 2023
Associate Professor Amy Maguire tops 1 Million reads on The Conversation
Associate Professor Amy Maguire has topped 1 million reads on The Conversation. She has been a prolific contributor since 2014, authoring 77 articles and translating research for public and policy audiences across her areas of expertise.
News • 9 Aug 2023
Australia's decision to again use the term 'occupied Palestinian territories' brings it into line with international law
Australia’s minister for foreign affairs, Penny Wong, has announced Australia will return to use of the term “occupied Palestinian territories”.
News • 5 Jun 2023
Minister's Roundtable on Refugee Education Migration Pathways
On Monday 5 June 2023, Associate Professor Amy Maguire represented the University of Newcastle, at the Minister's Roundtable on Transforming Lives through a Refugee Education Migration Pathway, in Melbourne.
News • 3 Apr 2023
Malka Leifer found guilty of sexual abuse of former students
Malka Leifer, former principal of the Orthodox Jewish Adass Israel school in Melbourne, has been found guilty of sexually abusing two former students.
News • 30 Mar 2023
New Board appointment to Reconciliation NSW
Associate Professor Amy Maguire, Deputy Head of the Newcastle School of Law and Justice and Director of the Centre for Law and Social Justice has been appointed to the Board of Reconciliation NSW.
Professor Amy Maguire
Position
Professor
School of Law and Justice
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 | NU Space |
| Location | City Campus , |
Research Networks
NEWS • 14 Jun 2024
Is it time for Australia to pass a national Human Rights Act?
Australia is a human rights outlier among liberal democracies, with no national charter of human rights. Its human rights protections are piecemeal and split across a patchwork of laws, authorities and jurisdictions.
NEWS • 21 May 2024
‘No one can act with impunity’: ICC arrest warrants in Israel-Hamas war are a major test for international justice
The request by Karim Khan, chief prosecutor of the International Criminal Court (ICC), for arrest warrants for Israeli and Hamas leaders is a significant step in the effort to bring justice to the victims of international crimes in Israel and Palestine.
NEWS • 06 Mar 2024
ARC Fellowships advance human rights research and ‘greener’ belt conveyor technology
The University of Newcastle’s Associate Professor Amy Maguire and Professor Craig Wheeler have been awarded prestigious Australian Research Council (ARC) Mid-Career Industry Fellowships. More than $2.2m combined will fund their respective projects to support national human rights law reform; and to halve the energy used in Australia’s belt conveyer systems.
NEWS • 20 Oct 2023
Can Israel and Hamas be held to account for alleged crimes against civillians?
International humanitarian law – the law of armed conflict – aims to constrain how wars are fought. It is designed to protect noncombatants and limit the means of warfare.
NEWS • 15 Oct 2023
Explainer: Australia has voted against an Indigenous Voice to Parliament. Here's what happened
A majority of Australian voters have rejected the proposal to establish an Aboriginal and Torres Strait Islander Voice to Parliament, with the final results likely to be about 40% voting “yes” and 60% voting “no”.
Aligned with the United Nations Sustainable Development Goals
