Griffith Law Review最新文献

{"title":"Extinction, law and thinking emotionally about invertebrates","authors":"K. Woolaston, Afshin Akhtar-Khavari","doi":"10.1080/10383441.2020.1938798","DOIUrl":"https://doi.org/10.1080/10383441.2020.1938798","url":null,"abstract":"ABSTRACT The extinction of a species can provoke deep feelings of sadness, injustice, compassion and empathy for the individuals lost. In this paper we argue that law, as a governance institution, does not allow decision-makers the use of emotions such as compassion or empathy, when making decisions relevant to the possible extinction of species, despite evidence to suggest that such emotions elevate the importance of moral concerns, and so may be utilised to halt the extinction process. Further, we argue that law can impact our ability to feel compassion and empathy for species heading towards extinction, as it creates a narrative of apathy. This is particularly exacerbated when it comes to the potential extinction of invertebrates, whose needs and interests are often already subject to people’s negative emotional pre-dispositions. By analysing the recent legal decisions surrounding the approval of the Yeelirrie Uranium mine in Western Australia, we highlight the nature of this problem and what it means for the conservation of invertebrate species, and argue that environmental law’s commitment to utilitarian and rational traditions will continue to challenge how we react to, and allow, the extinction of invertebrate.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1938798","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45262583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"What is gender-responsive legislation? Using international law to establish benchmarks for labour, reproductive health and tax laws that work for women","authors":"Ramona Vijeyarasa","doi":"10.1080/10383441.2020.1853900","DOIUrl":"https://doi.org/10.1080/10383441.2020.1853900","url":null,"abstract":"ABSTRACT For decades, the world has seen legal, policy and practical interventions to advance women’s rights. Yet there is no country in the world where women and men are equal. In pursuit of such equality, this article promotes the relatively obvious and simple strategy of embedding international women’s rights norms into domestic legislation. While acknowledging the limitations of the binary approach to the rights of men and women as reinforced by the CEDAW Convention, the article draws from international law to offer standards for domestic legislation in three areas: reproductive health, labour law and taxation. Across those areas, concrete benchmarks for gender-responsive legislation are provided, as well as examples of what constitutes neutral, blind and regressive provisions. While acknowledging the limits of the law in disrupting the political and economic structures of society, this article offers a framework that can enable legislators and legal systems to utilise international law to deliver domestic laws that work for women.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1853900","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44216718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Film as an anti-asylum technique: international law, borders and the gendering of refugee subjectivities","authors":"S. Dehm, Jordana Silverstein","doi":"10.1080/10383441.2020.1891609","DOIUrl":"https://doi.org/10.1080/10383441.2020.1891609","url":null,"abstract":"ABSTRACT In 2015, the Australian government commissioned a telemovie as part of its strategic communication campaign to deter would-be asylum seekers from travelling to Australia unauthorised by boat. In this article we explore this film as one instance of state practices that seek to control migration at their borders, and a form of state messaging which uses gendered story-telling techniques and characterisations to do so. Officially termed ‘public information campaigns’ (PICs) by states or ‘information strategies’ by international organisations such as the UNHCR, the use of such practices has increased in volume, frequency and prominence in recent years. While there has been some academic attention to PICs, to date, the gendered dimensions of these campaigns have remained largely unexamined. In this article, we argue that a feminist analysis of PICs is critical to understanding both how state borders ‘gender’ refugee subjectivities as well as international law’s authorisation of the violence of state borders more generally. By allocating blame and responsibility on individual refugees and their gendered choices, rather than on state actions and state violence, the film reveals how the institution and policing of state borders simultaneously rest upon gendered imaginaries of refugee responsibilisation and the invisibilisation of state responsibility.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1891609","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48089138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Queering temporalities of international criminal justice: Srebrenica remembrance and the International Criminal Tribunal for the former Yugoslavia (ICTY)","authors":"Caitlin Biddolph","doi":"10.1080/10383441.2020.1857493","DOIUrl":"https://doi.org/10.1080/10383441.2020.1857493","url":null,"abstract":"ABSTRACT The International Criminal Tribunal for the former Yugoslavia (ICTY, or the Tribunal) completed its mandate in 2017, marking the end of its 24-year lifespan. While the ICTY has officially ceased operations, the implications of the Tribunal’s closure continue to manifest in contemporary settings of transitional justice. Embracing a queer approach to time, the ICTY can be better understood as temporally fluid, open, and contested, rather than confined to its establishment and closure. This is because as a site for the (re)production and (re)presentation of discourses, the ICTY transcends temporal boundaries, continuing to shape and constitute (post-)conflict and transitional contexts. In this paper, I deploy queer approaches to time to interrogate how discourses of gender, sexuality, and violence at the ICTY traverse legal-political temporalities. Using the Tribunal’s Srebrenica remembrance as a case study, I demonstrate how gendered and sexualised logics constituted at the ICTY exceed the Tribunal’s official temporal mandate. Adopting a queer approach to time, I argue that gendered memories of violence at the ICTY permeate temporalities of international justice and global politics.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1857493","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46299779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Relationships as a form of self-expression in regional and international human rights jurisprudence","authors":"Valeria Coscini","doi":"10.1080/10383441.2020.1869880","DOIUrl":"https://doi.org/10.1080/10383441.2020.1869880","url":null,"abstract":"ABSTRACT Relationship recognition schemes regulate the way that relationships are entered, maintained, and dissolved. The jurisprudence on this topic includes substantive cases decided by the European Court of Human Rights and the United Nations Human Rights Committee, and an advisory opinion of the Inter-American Court of Human Rights. Foucault demonstrates that sexuality and relationships are socially constructed concepts that are subject to constant reproduction through various discourses. In the substantive jurisprudence on relationship recognition schemes, the dominant discourse has been one that focuses on relationship structures like marriage and civil partnerships rather than the relationship rights of all people, which has led to discriminatory outcomes. By contrast, incorporating a foundational discourse of relationships as a form of self-expression shifts the focus away from relationship structures to the applicants and their rights, helping to ensure equality and non-discrimination for all relationships while respecting the diversity of relationships.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1869880","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45290609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Queering CEDAW? Sexual orientation, gender identity and expression and sex characteristics (SOGIESC) in international human rights law","authors":"G. Simm","doi":"10.1080/10383441.2020.1891608","DOIUrl":"https://doi.org/10.1080/10383441.2020.1891608","url":null,"abstract":"ABSTRACT In 2020 the UN Committee on the Elimination of Discrimination Against Women (CEDAW Committee) found for the first time that a state had breached its obligations to prevent discrimination against women in the case of a lesbian couple subjected to a homophobic hate crime. No international human rights treaty specifically prohibits discrimination on the basis of sexual orientation, gender identity and expression, or sex characteristics (SOGIESC). The UN treaty bodies are developing a jurisprudence on the basis of such claims, with claimants sometimes forced to argue that they were discriminated against on the basis of ‘other status’. This article situates the CEDAW Committee's Views in ON and DP v Russian Federation in the context of attempts to queer international law, and international human rights law in particular. It analyses the costs and benefits of three strategies aimed at queering international human rights law: equality/universalism, special rights/a SOGIESC treaty; and queering CEDAW. The article aims to evaluate the significance of the first decision finding for the complainants on the basis of intersectional sexuality discrimination under CEDAW and to assess whether this amounts to queering CEDAW.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1891608","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41557714","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Well-intentioned but missing the point: the Australian Defence Force approach to addressing conflict-based sexual violence","authors":"T. Paige, J. Stagg","doi":"10.1080/10383441.2020.1933810","DOIUrl":"https://doi.org/10.1080/10383441.2020.1933810","url":null,"abstract":"ABSTRACT In 2015, the Australian Defence Force, during Exercise Talisman Sabre 15, implemented for the first time concrete measures to give effect to the Australian Government’s commitment to the prevention of conflict-based sexual violence articulated in the ‘National Action Plan on Women Peace and Security 2012–2018’. This short article analyses through a queer/feminist critique the National Action Plan and associated policy documents and then the operational implementation documents from Talisman Sabre 15 to assess how the ADF is going about the job of conflict-based sexual violence prevention. We conclude that while the practical implementation of conflict-based sexual violence prevention measures are common sense and reasonable, the optics and language used to implement these measures undermine these efforts and render them mostly ineffective.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1933810","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41833414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Introduction to special issue: queer/feminist internationalisms","authors":"G. Simm, Tamsin Phillipa Paige","doi":"10.1080/10383441.2020.1933793","DOIUrl":"https://doi.org/10.1080/10383441.2020.1933793","url":null,"abstract":"This special issue brings together seven articles addressing international law and international relations through queer/feminist lenses. It originates from the inaugural workshop of the Australian and New Zealand Society of International Law (ANZSIL) Interest Group on Gender and Sexuality in International Law held in February 2020 at Deakin Law School. The special issue explores how queer and feminist frameworks dislocate normative approaches to, and propose alternate conceptions of, issues at the heart of the international. The special issue aims to continue the dialogue between feminist and queer scholars (and queer feminist scholars) that started in earnest with the 2017 publication of Dianne Otto’s edited collection Queering International Law. It takes up Gina Heathcote’s call in her 2019 book, Feminist Dialogues on International Law: successes, tensions, futures, for feminist (international) legal scholars to engage fully with queer (international) legal scholars, as queer scholars already embrace feminist scholarship. By publishing both queer and feminist engagements on key international concerns, we hope to deepen and expand intersectional and inclusive queer/feminist scholarship in Australia and internationally. Further, the special issue applies the insights of socio-legal, interdisciplinary research to the international. Its theme is built on socio-legal approaches that bring the human back into law and analyse how binary distinctions – such as masculine/feminine, straight/queer and cisgender/transgender – structure society and law. These insights depend on critical and theoretical developments in feminist and queer theory that the authors apply to aspects of international law and international relations. It includes contributions from authors trained as international lawyers (Coscini, Vijeyarasa, Dehm, Paige, Stagg, Simm), as international relations scholars (Biddolph, Sapiano) and historians (Silverstein). The topics addressed-human rights, international criminal justice, asylum, war and peace – all raise questions about how the international is intertwined with the domestic. While adopting a range of perspectives, the papers nevertheless cohere around a shared interest in highlighting what queer and feminist approaches to the international reveal about law and society.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1933793","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41408138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The boundaries of peace: a feminist analysis of international mediation processes","authors":"Jenna Sapiano","doi":"10.1080/10383441.2020.1903666","DOIUrl":"https://doi.org/10.1080/10383441.2020.1903666","url":null,"abstract":"ABSTRACT The assumption that peace mediation is gender-neutral reproduces and reinforces the already gendered aftermath(s) of war. Peace mediation is a multilayered conflict resolution mechanism that ranges from grassroots peacebuilding to high-level diplomacy. As a ‘language of peace’, international law has become foundational in high-level peace mediation processes and institutions. International legal feminist and queer theory are critical of international law for its gendered and heteronormative frameworks that reinforce the binaries of war/peace, masculine/feminine or heterosexual/homosexual. Global governance gender law reforms, such as the Women, Peace and Security agenda, are part of the institutional frameworks that guide peace mediation processes. High-level peace mediators are also members of an ‘epistemic community’ regulated by international and regional organisations. The article analyses how masculine and heteronormative international legal institutions and experts shape peace mediation’s already gendered processes and outcomes. The article concludes that contemporary peace mediation approaches must be rethought and that alternatives to the traditional peace table must be imagined.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1903666","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44979657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Law in crisis: a critical analysis of the role of law in China’s fight against COVID-19","authors":"Z. Wang","doi":"10.1080/10383441.2020.1790332","DOIUrl":"https://doi.org/10.1080/10383441.2020.1790332","url":null,"abstract":"ABSTRACT This article analyses the role(s) of law in several critical aspects in China’s fight against COVID-19 during the period of its initial outbreak in Wuhan in late 2019 and early 2020. It first provides an analytic framework on the existing laws on the prevention and control of infectious diseases and responses to public health emergencies, focusing on the relevant mechanisms, institutions and procedures under the law. It then analyses several critical aspects of the operation of the legal framework, including information disclosure, the management of the crisis, and the legality of the various post lockdown measures and practices. It reveals that few legal requirements were in fact complied with during the fight against the COVID-19 emergency and, as such, Chinese law in a time of crisis was indeed itself in crisis.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":null,"pages":null},"PeriodicalIF":1.2,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2020.1790332","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44954715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}