Emory International Law Review

Volume 25Issue 1

Making WTO Remedies Work for Developing Nations: The Need for Class Actions

Phoenix X.F. Cai | 25 Emory Int'l L. Rev. 151 (2011)

This Article eschews legislative solutions that require lengthy negotiations and ratification of amendments in favor of a creative legal strategy solution that can be readily implemented unilaterally by developing nations. This Article proposes the use of “class actions” by developing nations as a litigation strategy. The term class action is used as a metaphor. It is not meant as an explicit reference of Rule 23 of the Federal Rules of Civil Procedure. Indeed, any such explicit reference or incorporation of Rule 23 would vitiate one of the primary benefits of this proposal—the ease of implementation without formal amendments to WTO documents.

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The Use of International Law in U.S. Constitutional Adjudication

Rex D. Glensy | 25 Emory Int'l L. Rev. 197 (2011)

The Constitution of South Africa mandates that its Supreme Court use international law to determine the substantive meaning of its own Bill of Rights. The Constitution of the United States does no such thing. Nevertheless, from time to time, the U.S. Supreme Court has taken it upon itself to use international law as persuasive authority to interpret various provisions of the U.S. Constitution. Indeed, the Court has done so in very high profile cases such as Lawrence v. Texas, where the Court struck down a Texas anti-sodomy statute as an unconstitutional violation of due process. The high visibility of the cases in which the Court has called upon international law to determine the proper meaning of certain domestic constitutional provisions has brought a lot of attention to this practice. This Article proposes a method for the selection of international law within the framework of U.S. domestic constitutional interpretation.

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Hugo Grotius in the Contemporary Memory of International Law: Secularism, Liberalism, and the Politics of Restatement and Denial

John D. Haskell | 25 Emory Int'l L. Rev. 269 (2011)

Hugo Grotius frequently occupies the title, “‘father’ of international law.” While the origins of professional lineage were a source of professional and personal conflict for jurists in the nineteenth century, scholars today tend to treat Grotius as either a symbolic marker of changing historical thought, or the symbolic figure of a style or school of global governance. In the first instance, Grotius is important because he made a methodological leap in one form or another from a theological to a secular frame of jurisprudential thinking, and in so doing, characterized the dilemmas of governance in familiar terms to modernity. For other authors, the legacy of Grotius is not directly this shift from ecclesiastic to secular authority, but rather that his efforts are remembered to spark the political aspiration, implied to be at the core of international law itself, towards a more liberal tolerance of difference and a sentiment of restraint towards over-aggrandizing political agendas.

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Theorizing and Tracing the Legal Dimensions of a Control Framework: Law and the Arab-Palestinian Minority in Israel’s First Three Decades (1948–1978)

Ilan Saban | 25 Emory Int'l L. Rev. 299 (2011)

This Article analyzes the main ways in which Israeli law was involved in the lives of Israel’s Arab-Palestinian minority in the first thirty years of Israeli statehood—from its establishment in 1948 until the period soon after the first Land Day in 1976. This is a detailed and complex story, which requires a theoretical or analytical key to cut through the complexity and sort out the abundance of data by relevancy and importance. The potential theoretical contribution of this Article derives from the effort to develop such a theoretical or analytical key, and from an attempt to gain a deeper understanding of the ways in which law is involved in the intriguing stability of certain exploitive intercommunal relationships.

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Requiem for a Pipedream: Oil, The World Bank, and the Need for Human Rights Assessments

Dustin N. Sharp | 25 Emory Int'l L. Rev. 379 (2011)

The revenues associated with oil and other extractive industries projects in sub-Saharan Africa—particularly as they are contrasted with the living conditions of those for whom these revenues could provide the greatest benefit—raise the hope of using natural resources to achieve significant poverty alleviation. From the impoverished villages of the Niger Delta to south Sudan, however, oil wealth has rarely led to widespread poverty alleviation. More often than not, the revenues that should in theory be a great boon to development are in practice associated with disastrous human rights fallout as living standards actually decrease and governance indicators worsen, a phenomenon known as the “resource curse.” This Article analyzes the various “lessons learned” that have been articulated in the wake of the Chad-Cameroon pipeline project’s collapse, and argues that many of them miss the mark.

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Playing Catch-up: Proposing the Creation of Status-Based Regulations to Bring Private Military Contractor Firms Within the Purview of International and Domestic Law

Huma T. Yasin | 25 Emory Int'l L. Rev. 411 (2011)

Part I of this Article analyzes the shortcomings of both international and domestic law regulating PCMF conduct through examining the Nisour Square massacre aftermath. Part II analyzes current international and domestic law to determine whether PCMFs fit within an existing legal framework. In particular, Part II engages a brief historical analysis of the law of mercenarism, both drawing parallels and distinguishing between the legal definition of mercenaries and PCMFs. Part III examines the convergence of three novel legal developments. Part IV provides a framework to categorize PCMFs, which exhibit both military and corporate characteristics. Part V discusses contemporary legal scholarship and analyzes recommendations to solve the PCMF accountability gap. Lastly, Part VI presents an alternative legal framework, concisely defining the status of PCMFs and delineating domestic and international mechanisms of liability and protection.

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