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The evolution of Australia’s dedicated temporary skilled migration program: a bipartisan political journey from agreement to disagreement Griffith Law Review Pub Date : 2024-03-11 Joanna Howe, Irene Nikoloudakis
The growth of temporary labour migration in Australia has been remarkable. Originally introduced as a discrete program, aimed at facilitating the entry of highly skilled temporary migrant workers, ...
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How narratives of female sexual agency conceal vulnerability to rape: an analysis from South Australian rape trials Griffith Law Review Pub Date : 2024-02-03 Jessica Schaffer
The legal requirement of consent presumes women conduct their sexual relations in the twenty-first century from a place of increased sexual liberation and agency, concealing the sexual double stand...
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Safety first: analysing the problematisation of drones Griffith Law Review Pub Date : 2024-01-12 Anna Zenz
The rise of commercial drone operations in Australia has led to increasing regulatory attention on this emerging aviation sector. For two decades, the Australian Civil Aviation Safety Authority has...
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Religious schools: a transparent right to discriminate? Griffith Law Review Pub Date : 2023-11-19 Alice Taylor, Liam Elphick
Discrimination laws have long contained exceptions for otherwise unlawful discriminatory conduct. An increasing site of tension has been the exceptions granted to religious schools. These schools m...
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The case for implementing legal clinical supervision within legal practice, and recommendations for best practice Griffith Law Review Pub Date : 2023-09-22 Meribah Rose, Chris Maylea
While the concept of clinical supervision is well-developed within clinical legal education, its application within broader legal practice is less explored. This paper aims to contribute to this em...
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In the shadow of the healing rainbow: belonging and identity in the regulation of traditional medicine in Mauritius Griffith Law Review Pub Date : 2023-08-26 Nayeli Urquiza-Haas, Emilie Cloatre
ABSTRACT This article explores how traditional healing is regulated in the island of Mauritius. Drawing on postcolonial Science and Technology Studies and their encounter with socio-legal studies, it maps the emergence of the Ayurveda and Other Traditional Medicines Act of 1990, pointing out the selectivity of the notion of ‘tradition’ and its entanglement to broader nation-making processes, born in
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Thinking about Islamic legal traditions in multicultural contexts Griffith Law Review Pub Date : 2023-08-10 Samuel D. Blanch
ABSTRACT Faced by the apparent difference between legal traditions, how should scholars and policy makers assess their compatibility or incompatibility? What criteria should be used to adjudge the commensurability, or even the elements of incongruity, between traditions that have developed in different cultural, social and economic circumstances? This article argues for a shift from the way that much
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Indonesia’s new Criminal Code: indigenising and democratising Indonesian criminal law? Griffith Law Review Pub Date : 2023-08-04 Simon Butt
ABSTRACT In late 2022, Indonesia’s national parliament enacted a new Criminal Code, which replaced a 1918 Code introduced during Dutch colonial rule. Some provisions – such as those covering the death penalty, corporate liability and criminal settlements – have been relatively well received by reformists. But many other provisions have been widely and strongly criticised. While the Code claims to democratise
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Extraction and jurisdiction: forms of law and the Antarctic Treaty System* Griffith Law Review Pub Date : 2023-06-18 Caitlin Murphy
ABSTRACT This article joins a conversation that examines the dynamics of extraction in global space and their relationship to practices of authorisation in international law. The article offers an analysis of a specific historical debate that occurred through the negotiation of the since-abandoned Convention on the Regulation of Antarctica Mineral Resource Activities (CRAMRA). The debate was largely
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Building bridges: using existing law to support the cultural self-determination of Aboriginal and Torres Strait Islander businesses and communities Griffith Law Review Pub Date : 2023-06-16 Kevin Sobel-Read, Lisa Toohey, Taylah Gray, Daniel Toohey, Hannah Stenstrom
ABSTRACT Aboriginal and Torres Strait Islander peoples have a long and rich history of enterprise that dates to long before European contact. Today, through resilience and ingenuity, Indigenous businesses are one of the fastest growing sectors of the Australian economy and one of the most rapidly expanding providers of employment. Indigenous individuals are achieving these results in spite of the ways
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Corporate net zero pledges: a triumph of private climate regulation or more greenwash? Griffith Law Review Pub Date : 2023-05-18 Anita Foerster, Michael Spencer
ABSTRACT Corporate pledges to achieve net zero greenhouse gas emissions in line with the international Paris Agreement on climate change are proliferating around the world, including in Australia. Regulatory drivers include corporate law obligations to identify, disclose and manage climate-related financial risks, as well as a complex web of rapidly developing private regulatory initiatives. Non-state
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Veteran perceptions of pathways to offending: ex-Australian Defence Force personnel in South Australian prisons Griffith Law Review Pub Date : 2023-03-16 Kellie Toole, Elaine Waddell
ABSTRACT This article presents the findings of the first empirical research project in Australia to explore the connection between military service and criminal offending from the perspective of the sentenced prisoner. Between 2018 and 2021, the authors undertook interviews with 16 male Australian Defence Force (ADF) veterans who had been sentenced to serve a term of imprisonment in South Australia
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Tax and Government in the 21st Century Griffith Law Review Pub Date : 2023-03-13 Judith E Grbich
Published in Griffith Law Review (Vol. 32, No. 1, 2023)
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Government surveillance and facial recognition in Australia: a human rights analysis of recent developments Griffith Law Review Pub Date : 2023-02-06 Adam Fletcher
ABSTRACT Surveillance technologies – particularly digital surveillance technologies – have proliferated and become increasingly powerful in recent years. This article discusses recent and emerging legal and policy developments in Australia with respect to facial recognition and related technologies in particular. It analyses these developments from the perspective of international human rights law
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Do mobile phone bans show that immigration detention is becoming more like prison? Griffith Law Review Pub Date : 2022-12-20 Louise Boon-Kuo
ABSTRACT The mobile phone enables people to be heard through walls of confinement. During the suspension of visits to immigration detention in the COVID-19 pandemic, mobile phones were a lifeline to family and friends. There is also a long history of people using phones to document and communicate their experience in Australian-run detention to the world. The Australian government’s attempts to ban
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Building towards best practice for governments’ public communications in languages other than English: a case study of New South Wales, Australia Griffith Law Review Pub Date : 2022-01-02 Alexandra Grey,Alyssa A. Severin
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Who is an officer of a corporation? Australia and the United States Compared Griffith Law Review Pub Date : 2022-01-02 Weiping He
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Conceptualising domestic servitude as a violation of the human right to housing and reframing Australian policy responses Griffith Law Review Pub Date : 2022-01-02 Jessie Hohmann
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Munday v Gill revisited: rethinking the summary jurisdiction Griffith Law Review Pub Date : 2021-10-02 Tanya Mitchell
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The festival as constitutional event and as jurisdictional encounter: colonial Victoria and the Independent Order of Black Fellows Griffith Law Review Pub Date : 2021-10-02 Shane Chalmers
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Cashless welfare transfers and Australia’s First Nations: redemptive or repressive violence? Griffith Law Review Pub Date : 2021-10-02 Shelley Bielefeld
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Active but not independent: the legal personhood of children Griffith Law Review Pub Date : 2021-07-03 Visa Kurki
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Constructing legal personhood: corporate law’s legacy Griffith Law Review Pub Date : 2021-07-03 Michelle Worthington,Peta Spender
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Responding to anthropocentrism with anthropocentrism: the biopolitics of environmental personhood Griffith Law Review Pub Date : 2021-07-03 Jade-Ann Reeves,Timothy D. Peters
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Law, language and personhood: disrupting definitions of legal capacity Griffith Law Review Pub Date : 2021-07-03 Eilionóir Flynn
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Where ordinary laws fall short: ‘riverine rights’ and constitutionalism Griffith Law Review Pub Date : 2021-07-03 Elizabeth Macpherson,Axel Borchgrevink,Rahul Ranjan,Catalina Vallejo Piedrahíta
Laws that recognise rivers and their ecosystems as legal persons or subjects with their own rights, duties and obligations have been associated with theories of environmental constitutionalism. How...
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Relational personhood: a conception of legal personhood with insights from disability rights and environmental law Griffith Law Review Pub Date : 2021-07-03 Anna Arstein-Kerslake,Erin O’Donnell,Rosemary Kayess,Joanne Watson
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Righting Aotearoa’s coastal marine area: a case for legal personhood to enhance environmental protection Griffith Law Review Pub Date : 2021-07-03 Rachael Mortiaux
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Recognising personhood: the evolving relationship between the legal person and the state Griffith Law Review Pub Date : 2021-07-03 Erin O’Donnell,Anna Arstein-Kerslake
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Antipodean perspectives on preventive justice: The High Court and Serious Crime Prevention Orders Griffith Law Review Pub Date : 2021-04-03 Tamara Tulich,Sarah Murray,Natalie Skead
ABSTRACT Preventive justice as a field of scholarship emerged in response to the proliferation of preventive measures in the later part of the twentieth Century, and the threat preventive measures pose to individual liberties. Collectively, this scholarship seeks to articulate principled limits on state action to prevent harm. However, preventive justice remains an emergent field of scholarship, with
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Employment as a relational contract and the impact on remedies for breach Griffith Law Review Pub Date : 2021-04-03 Gabrielle Golding
ABSTRACT The notion of employment as a relational contract has received much academic attention and is gradually being recognised by common law courts in judicial decision-making. This article focuses on a primary question: what impact, if any, could that relational classification have on the remedies available where an employment contract is breached? Given that this question has not yet been considered
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‘The machine runs itself’: law is technology and Australian embryo and human cloning law Griffith Law Review Pub Date : 2021-04-03 Vincent Goding,Kieran Tranter
ABSTRACT Technology law scholarship has a tendency towards the dramatic. Technology causes disruption. Law must catch-up; it must ensure potential benefits from technology and avoid potential harms. There are even concerns that law, as an organiser of human life, is itself becoming eclipsed by forms of technological management. What is often not focused on is the practical process through which concerns
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Patents over military equipment: shifting uses for shifting modes of governance Griffith Law Review Pub Date : 2021-04-03 Chris Dent
ABSTRACT Patents for invention have a history that goes back centuries in England. As a result, they can be used to interrogate changes in the practices of governance that occurred over that time (and further back). Using the ideas of Michel Foucault, that described the conditions of possibility for ‘governmentality’, an analysis of patents over military equipment allows a reconception of Foucault’s
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Imposing fees for police services in Australia Griffith Law Review Pub Date : 2021-04-03 Carlo Dellora,Luke Beck
ABSTRACT This article presents the first comprehensive overview and analysis of the Australian law and practice of imposing fees for unrequested police services. It acts on Lippert and Walby’s recent call for scholarly analysis of user-pays policing ‘to break free of standard disciplinary confines’. One aim of this paper therefore is to start filling this gap in the literature by giving more prominence
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‘Common language’ and proficiency tests: a critical examination of registration requirements for Australian registered migration agents Griffith Law Review Pub Date : 2021-01-02 Laura Smith-Khan
ABSTRACT Registered Migration Agents (RMAs), the practitioners who assist with Australian visa applications and appeals, play a crucial role in navigating these complex legal procedures. RMAs’ registration requirements, including those relating to English language proficiency (ELP), have thus garnered much attention, leading to government-commissioned reviews and inquiries, and amendments to regulations
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Linguistic diversity as a challenge and an opportunity for improved legal policy Griffith Law Review Pub Date : 2021-01-02 Alexandra Grey,Laura Smith-Khan
ABSTRACT This article introduces this Themed Issue, Linguistic Diversity as a Challenge to Legal Policy, and reports a small, peer-reviewed study of the integration of research about language issues in legal contexts in Australian legal education. The article explains that interdisciplinary law and linguistics research has emerged to better understand potential inequalities and injustices. This research
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Not Islamic enough?: Bangla, Blasphemy and the law in Pakistan Griffith Law Review Pub Date : 2021-01-02 Imran Ahmed
ABSTRACT What do language policy in Pakistan and the drive to Islamise the state have in common? In the wake of independence, Pakistan emerged as a state striving to create a nation and it looked both to language and religion in search of constructing its Islamic national identity. This paper looks at the darker side of the nation-building process in the country, with a specific focus on the role of
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An audit of NSW legislation and policy on the government’s public communications in languages other than English Griffith Law Review Pub Date : 2021-01-02 Alexandra Grey,Alyssa A. Severin
ABSTRACT This article reports a 2019–2021 audit of the framework of the NSW government's decisions about their public communications in languages other than English (NSW is an Australian state). It found a dearth of legislation or policy about the language of public government communications, but we present a typology of ways in which NSW law seeks to regulate choice of language in other communications
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‘That’s not how we speak’: interpreting monolingual ideologies in courtrooms Griffith Law Review Pub Date : 2021-01-02 Jinhyun Cho
ABSTRACT The paper examines the operation and impact of monolingual ideologies relating to English in interpreter-mediated courtrooms in Australia. This is an issue relevant to courts in many geographical places, especially in Anglophone nations with common law systems. Using recurrent thematic analyses, the paper draws on interviews with 36 court interpreters working in Australia. From the perspective
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Explaining the right to silence under Anunga: 40 years of a policy about language Griffith Law Review Pub Date : 2021-01-02 Alex Bowen
ABSTRACT It has long been recognised that the right to silence ‘caution’ is difficult to communicate, particularly with some Aboriginal suspects. In a landmark 1976 decision Anunga, the Northern Territory Supreme Court provided guidelines about how police should explain the caution to Aboriginal suspects. As a result, cautions often develop into conversations where police explain the right and test
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Judicial reliance on the executive: tensions, discrepancies and recommendations for court interpreter service delivery models across Australian jurisdictions Griffith Law Review Pub Date : 2021-01-02 Ben Grimes
ABSTRACT In the past decade, there has been noticeable improvement in judicial attention and attitudes towards court interpreters, reflected in the implementation of various court interpreter protocols and the Recommended National Standards for Interpreters in Courts and Tribunals. However, this article identifies a number of discrepancies and gaps that still exist in the court interpreting framework
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Shallow equality and symbolic jurisprudence in multilingual legal orders Griffith Law Review Pub Date : 2021-01-02 Ana Sofia Bruzon
Janny Leung is a gifted writer and an avid observer of international legal orders. She is an expert in the field of linguistic justice and has conducted substantial research on challenges in multil...
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Researching forensic linguistics: approaches and applications Griffith Law Review Pub Date : 2021-01-02 Gareth Lloyd
‘Law is an overwhelmingly linguistic institution’1 and forensic linguistics helps with overcoming language-based discrimination, injustice, and poor practices in the law. As a speech pathologist, I...
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Communication and human rights within speech pathology Griffith Law Review Pub Date : 2021-01-02 Bill Mitchell
On 1 January 2020, the Human Rights Act 2019 (Qld) (the Act) will commence. It will bind all persons, including the State and to a lesser extent the Commonwealth. It took us 70 years after the 1948 Universal Declaration of Human Rights to legislate in Queensland. We join the ACT and Victoria as the third Australian jurisdiction to protect human rights. The Universal Declaration was born out of the
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Expanding the law’s vocabulary – Indigenous-language legislation and multilingual treaty interpretation Griffith Law Review Pub Date : 2021-01-02 Julian R. Murphy
ABSTRACT Although not widely publicized or studied, Australian parliaments are increasingly breaking new ground in enacting statutory text in Indigenous languages. There are important public discussions to be had about the symbolic significance of this process and the practical benefits it may reap for language preservation. This article looks at a more technical, but no less important, issue: how
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The essential ingredients of food regulatory governance Griffith Law Review Pub Date : 2020-11-25 Christopher Arup, Jane Dixon, Jo Paul-Taylor
How does law regulate the system of food production and consumption? This study distinguishes three roles for law: supporting private regulation by industry through the market, supporting civil soc...
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Classifying the monster: the erasure of familial child sexual abuse in the Wood Royal Commission Paedophile Inquiry Griffith Law Review Pub Date : 2020-11-25 Dave McDonald
Since the 1980s there has been a transformation in understandings of institutional child sexual abuse. While these developments have been long overdue, shifts in understanding other forms of child ...
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Before the High Court: the legal systematics of Cannabis Griffith Law Review Pub Date : 2020-11-25 Jocelyn Bosse
This article examines the history of a legal-scientific controversy: the challenges to criminal prohibitions on marijuana, which invoked contested scientific views of the taxonomy of the cannabis p...
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The state and capital: lessons from the first Australian banking royal commission and its aftermath Griffith Law Review Pub Date : 2020-10-14 Eugene Schofield-Georgeson
This paper explores the critical theorisation of royal commissions. It does so by examining the conduct and aftermath of a pivotal Australian executive enquiry into banking following the Great Depr...
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Extinction: hidden in plain sight – can stories of ‘the last’ unearth environmental law’s unspeakable truth? Griffith Law Review Pub Date : 2020-10-01 Michelle Lim
ABSTRACT Extinction. It is almost as though we dare not speak its name. Instead, words such as ‘threatened’ and ‘endangered’ are entrenched in conservation law and management as markers of risk. These terms are so entrenched that the nature of the risk is easily forgotten. On reflection, classifications of conservation status denote, of course, how close species are from disappearing forever. However
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The extinction of rights and the extantion of ghehds Griffith Law Review Pub Date : 2020-10-01 Glenn Albrecht
ABSTRACT The need to move away from the grip of the Anthropocene in all of its manifestations is now urgent. As Einstein might have said, ‘you can't solve the problems of the Anthropocene by using the same anthropocentric thinking that created those problems in the first place’. In addition to scientific and technological change, there must be, in lock step, cultural, ethical and legal change. Radical
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Rivers as living beings: rights in law, but no rights to water? Griffith Law Review Pub Date : 2020-10-01 Erin O’Donnell
ABSTRACT Since 2017, some of the most beloved and iconic rivers in the world have been recognised in law as legal persons and/or living entities, with a range of legal rights and protections. These profound legal changes can transform the relationship between people and rivers, and are the result of ongoing leadership from Indigenous peoples and environmental advocates. This paper uses a comparative
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Biodiversity and species extinction: categorisation, calculation, and communication Griffith Law Review Pub Date : 2020-10-01 Esther Turnhout,Andy Purvis
ABSTRACT After the launch of the Global Assessment of the Intergovernmental Platform for Biodiversity and Ecosystem Services (IPBES) in May 2019, the message that 1 million species are threatened with extinction made headlines in news and social media across the world. These headlines also resulted in critical responses that questioned the credibility of this number and – by extension – the Global
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Extinction in the anthropocene and moving toward an ethic of responsibility Griffith Law Review Pub Date : 2020-10-01 Paul J. Govind
ABSTRACT This article addresses extinction and the need for ethical change within our legal system. The article evaluates this issue in the context of law that mediates humanity's use and management of land and by extension the more-than-human species that we share the land with. Humanity frames its relationship with land through property. Whilst land, and the different species, ecosystems and formations
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Facing mass extinction, it is prudent to decolonise lands & laws: a philosophical essay on respecting jurisdiction Griffith Law Review Pub Date : 2020-10-01 Jeremy Bendik-Keymer
ABSTRACT The drivers of mass extinction today are societal processes (including economic and legal systems) inherited from European imperialism and embedded in the international state system. Their path dependencies demand that we engage in decolonial work. This work centrally involves countering land abstraction – the rendering instrumental of lands, waters, and skies for the sake of national territory
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Extinction, law and thinking emotionally about invertebrates Griffith Law Review Pub Date : 2020-10-01 Katie Woolaston,Afshin Akhtar-Khavari
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
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Climate change, ‘slow violence’ and the indefinite deferral of responsibility for ‘loss and damage’ Griffith Law Review Pub Date : 2020-07-15 Julia Dehm
This article traces debates within international climate regime on loss and damage from climate impacts. Impacts from climate change should be understood as incremental violence structurally over-d...