Emory International Law Review

Volume 31Issue 1
Foreword

Foreword

Melanie Papadopoulos | 31 Emory Int'l L. Rev. 1 (2016)

It is with great pride that the Editorial Board of the Emory International Law Review presents the first issue of Volume 31. In this volume, we continue the tradition of publishing pieces in four smaller, more frequently published issues. With Volume 31, the Emory International Law Review also starts a new tradition—for the first time, Emory International Law Review will publish the annual David J. Bederman Lecture. The David J. Bederman Lecture was established in honor of David J. Bederman, professor in Private International Law at Emory School of Law.

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Articles

Settling Sovereign Debt’s “Trial of the Century”

Juan J. Cruces & Tim R Samples | 31 Emory Int'l L. Rev. 5 (2016)

With NML v. Argentina finally poised for settlement negotiations, the authors analyze a subset of the key economic and legal factors underlying this litigation, with a particular emphasis on issues relevant to a potential settlement. This Article documents the wide heterogeneity of holdout rates across Argentina’s 150 defaulted bonds and focus the analysis on the seven most held-out bonds. This Article also assesses the returns that investors would have obtained by purchasing the seven-bond basket at different times since 2002. This analysis offers a framework for potential settlement negotiations. However, with so many holdouts unaccounted for, a settlement with the NML litigants exposes Argentina to the tyranny of the next litigant as long as the current injunctions remain in place. There is a benefit of modifying or lifting these injunctions as Argentina begins negotiating in good faith to reach a reasonable settlement with its holdout creditors.

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Labor Migration in a Globalized World: The Human Journey’s Challenges for International Law and Policy

Julien Chaisse & Lloyd Meng | 31 Emory Int'l L. Rev. 49 (2016)

In this Article, Professor Julien Chaisse and Mr. Lloyd Meng cover the most recent developments in the field of international economic migration, including the latest WTO Ministerial Conference of December 2015 and the conclusion of the Trans-Pacific Partnership (TPP) in November 2015. The authors examine how international economic migration has developed over past years by critical analysis of frameworks found in the Preferential Trade Agreements of the United States, Canada, and Chile, with particular attention to market access and the standard of treatment afforded to temporary migrants. Recent European developments in the area of focused bilateral migration agreements are also discussed in the context of international economic migration. The authors conclude by analyzing the effect of the TPP, the practices it imposed, and the similarities and differences between those practices and the recent practices that have developed through the PTAs.

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Comments

Incarcerated Mother, Invisible Child

Rebecca Covington | 31 Emory Int'l L. Rev. 99 (2016)

The significant increase in the American prison population over the last three decades generated nationwide discussion about the need for criminal justice reform. This discussion has largely ignored the impact on the children of incarcerated individuals, especially incarcerated mothers. This Comment argues that the United States should make supporting incarcerated mothers and their children a primary focus in its criminal justice system. In doing so, the United States should look to international standards—in particular the Bangkok Rules and the Convention on the Rights of the Child—as well as the criminal justice reform to support incarcerated mothers and their children in Scotland. This Comment proposes that Martha Fineman’s vulnerability theory provides the United States with a framework to ensure criminal justice reform is accomplished with a goal of reducing vulnerability and increasing resilience in incarcerated mothers and their children, with broader implications for overall reform.

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New Leadership Needed: The Convention on Biological Diversity

Catherine Klein | 31 Emory Int'l L. Rev. 135 (2016)

The Convention on Biological Diversity endorses an international effort to protect and sustain Earth’s biological resources. The 20th century marks the most massive global extinction in Earth’s history, one that is inextricably connected to the human fingerprint. The Convention on Biological Diversity addresses this global issue, by incentivizing the protection of genetic resources and an endorsing equitable sharing of biological information. The Convention on Biological Diversity, while well intentioned, has not made large strides in reversing global biodiversity loss. This Comment reflects on how the Convention on Biological Diversity has failed to stabilize the decline of biological diversity and urges the United States, a global powerhouse, to finally ratify the Convention. This Comment argues that the Convention on Biological Diversity should amend itself and approach the problem in new ways—by adding a new enforcement mechanism and by creating two new protocols that target specific global pressures on biodiversity.

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Airborne Assassin: Why the Official Stockpiles of the Smallpox Virus Must Be Destroyed

Kylie Thompson | 31 Emory Int'l L. Rev. 167 (2016)

In 1980, after a successful immunization campaign, WHO declared that smallpox, a virus that ravaged the human race, was eradicated. Today, the smallpox virus officially exists within two government laboratories: the CDC and Vector. The issue of whether or not to destroy the official stockpiles of the smallpox virus has been vigorously debated. Recent incidents, such as protocol lapses and the discovery of a forgotten stockpile, have further pushed the issue. In an increasingly interconnected world, the outbreak of a highly contagious, eradicated disease is more than disconcerting. The threat of bioterrorism also cannot be ignored as smallpox has been weaponized as an agent of biological warfare before. This Comment advocates for the destruction of the official stockpiles of the smallpox virus through the introduction of a bilateral treaty between the United States and Russia, a proposed United Nations Security Council resolution, and express criminalization of bioterrorism under international law.

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