Emory International Law Review

Volume 30Issue 4
Article

The ISIS Crisis and the Development of International Humanitarian Law

Johan D. van der Vyver | 30 Emory Int'l L. Rev. 531 (2016)

Johan D. van der Vyver analyzes efforts to respond to acts of violence committed by ISIL and its successor, ISIS. One such response is the “unwilling or unable” paradigm under which the armed forces of State A can take military action against terrorist groups located in State B if the government of State B is either unwilling or unable to prevent its territory from being to launch attacks. The paradigm has been used to justify airstrikes by the United States against al-Qaeda and ISIS targets in Iraq and Syria. Professor van der Vyver argues that the paradigm does not fit the conditions of self-defense under the U.N. Charter or the essential objectives of humanitarian intervention and concludes that the unwilling or unable rationale is a new norm of jus ad bellum in the making.

Read More »
Comments

Duty or Faith?: The Evolution of Pakistani Rape Laws and Possibility for Non-Domestic Redress for Victims

Samantha Croffie | 30 Emory Int'l L. Rev. 565 (2016)

Samantha Croffie discusses the lingering impact of Islamic law on the prosecution of rape crimes in Pakistan. The Comment begins by detailing the development of Pakistani rape laws beginning with the Hudood Ordinances and ending with the passage of the Protection of Women Act in 2006. The Comment critiques the Protection of Women Act, noting the lack of convictions and the existence of multiple court systems, all of which are recognized under the Pakistani constitution. Possible international human rights violations associated with the country’s failure to provide redress to rape victims are also addressed. The Comment discusses venues outside of Pakistan through which victims could seek relief, including a transitional justice system or a domestic court system. The Comment concludes by evaluating the potential for success of the differing avenues and the likelihood that Pakistani rape victims being afforded redress in any circumstance.

Read More »

International Standards in Regulating Space Travel: Clarifying Ambiguities in the Commercial Era of Outer Space

Juan Davalos | 30 Emory Int'l L. Rev. 597 (2016)

The era of commercial space law has ushered in new commercial uses of space travel not imagined by, and not well governed by, current international space law. In this Comment, Juan Davalos first provides an analysis of the history of space law, from its inception in 1959–1967 to the present. The Comment outlines disparities and ambiguities in terms currently defined in domestic and international law space treaties. The Comment then seeks to clarify these undefined or ambiguous terms, including the definition of a space object, the delineation between Earth’s air space and Outer Space, the definition of outer space itself, and the selection of a launching state. The Comment concludes by calling for a more uniform and clear description of the terms and regulations that govern international space law and leadership from the United Nations in establishing these regulations among the spacefaring nations of the world.

Read More »

Twenty-First Century Regression: The Disparate Impact of HIV Transmission Laws on Gay Men

Siobhán Elizabeth Stade Murillo | 30 Emory Int'l L. Rev. 623 (2016)

In this Comment, Siobhán Murillo analyzes United States legislation that criminalizes HIV transmission amongst gay men and compares these statutes to similar ones in Uganda, Australia, and Niger. The Comment discusses the history of HIV/AIDS and the historical discrimination against homosexual men in the United States since states began enacting HIV-specific criminalization laws in the late 1980s. However, these laws fuel the stigma surrounding HIV and disparately impact gay men. Siobhán Murillo explores the more appropriate solution: to create a new model criminal statute that criminalizes the transmission of HIV/AIDS but has stricter intent requirements, a higher level of scrutiny, a duty to disclose one’s HIV status, and has accompanying defenses, penalties, and remedies. This new model criminal statute could criminalize the intentional transmission of HIV but cause significantly less discrimination against gay men than current HIV criminal laws.

Read More »

Comparative Approaches to Myanmar’s Child Labor Epidemic: The Role of Compulsory Education

Jack W. Roberts | 30 Emory Int'l L. Rev. 661 (2016)

In this Comment, Jack W. Roberts discusses a recent push in Myanmar to expand compulsory free education through age sixteen amid recent discoveries that child labor in Myanmar may be even worse than originally believed. Jack considers the effect such an expansion might have on the nation’s child labor epidemic and possible approaches that might make this implementation more likely to succeed in curbing child labor. He considers the relatively recent expansions of compulsory education in other nations that have historically struggled with child labor—namely China, Brazil, and India—in searching for examples of policies that have helped to make education expansion most effective in reducing the prevalence of child labor, as well as social, economic, and political factors that might complement such strategies. Ultimately, such a plan is more likely to succeed if Myanmar simultaneously takes steps to fight corruption in its political and educational system, makes a consistent showing of willingness to cooperate with nongovernmental organizations and trade unions, and takes steps to incentivize families to send their children to school. The Comment compares the characteristics inherent to these examples to the unique structures that exist in Myanmar, in hopes of illuminating approaches that may stem child labor in the country.

Read More »