Emory International Law Review

Volume 25Issue 1

It Was the First Strike of Bloggers Ever: An Examination of Article 10 of the European Convention on Human Rights as Italian Bloggers Take a Stand Against the Alfano Decree

Janelle L. Cornwall | 25 Emory Int'l L. Rev. 499 (2011)

This Comment addresses the human rights issues presented by the Alfano Decree in the age of the internet as a medium to publish ideas and information for public consumption. Specifically, what constitutes an infringement of the fundamental human right of freedom of expression, as recognized in Article 10(1) of the Convention? Part I provides an overview of the rise of the blog and the blogger as a citizen journalist as well as a discussion of the relevant provisions of the Alfano Decree and the Italian Prime Minister’s influence on the media in the country. Part II begins by summarizing the Convention and the European Court of Human Rights (“ECHR”). Part II then utilizes the freedom of speech issue presented by the Alfano Decree to analyze ECHR case law for its interpretation of Article 10. Finally, Part III advocates against the approval of the Alfano Decree.

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FIFA Transfer Regulations and UEFA Player Eligibility Rules: Major Changes in European Football and the Negative Effect on Minors

Christina Lembo | 25 Emory Int'l L. Rev. 539 (2011)

Behind the European love affair with football—the packed stadiums, the rowdy fans, the time off from work to watch important matches—lies a significant dilemma: on one hand, fans want their teams to play at the highest competitive level, but on the other, they care about the backgrounds and nationality of the players on their locally-based teams. This dilemma has led to the promulgation of various transfer regulations by the governing bodies of international football that control a player’s ability to transfer to a foreign team. The changing of these transfer regulations over time, however, has had a negative impact on many minors who play football. In particular, European football clubs have exploited various loopholes in the transfer regulations to recruit young foreign players and retain young local players. This Comment looks at the evolution of the regulations governing player mobility and its impact on minors.

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Reformasi and Public Corruption: Why Indonesia’s Anti-corruption Agency Strategy Should Be Reformed to Effectively Combat Public Corruption

Joanna MacMillan | 25 Emory Int'l L. Rev. 587 (2011)

Indonesia was once at the “forefront of Asia’s economic miracle.” Under President Suharto, Indonesia experienced “impressive gains in overall economic growth.” However, poverty remained pervasive, and corruption had “grown along with the economy.” In 1998, Transparency International’s Corruption Perceptions Index (“CPI”) ranked Indonesia as number eighty out of eighty-five countries, placing the nation as one of the most corrupt countries in the world. Economic distortions caused by public corruption in Indonesia were a major factor contributing to the Asian Financial Crisis of 1998, leading to massive riots and a “total meltdown of governance.” This Comment evaluates the KPK’s current strategy and determines that the agency’s framework needs to be revised to improve Indonesia’s possibility of successful corruption reform.

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The Cuban Conundrum: Proposing an International Trademark Registry for Well-Known Foreign Marks

Mindy Pava | 25 Emory Int'l L. Rev. 631 (2011)

The analysis of the U.S.-Cuba trademark disputes can provide guidance for the future in weighing how a country should balance its international politics with its obligations under intellectual property law. This Comment argues that countries set a dangerous precedent when they rely on temporary political considerations to block well-known foreign trademarks or interfere with internationally agreed-upon intellectual property rights. This Comment searches for a feasible solution that would prevent a country from violating international intellectual property treaties by registering its own version of a well-known foreign mark—thus leading to consumer confusion about the source and origin of the mark—simply because a political relationship has deteriorated between the country of registration and the country of the foreign mark’s origin. Because avoidance of consumer confusion is the ultimate purpose of trademark law, this Comment advocates for an international, centralized registration system for well-known foreign trademarks.

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“But the Americans Made Me Do It!”: How United States v. UBS Makes the Case for Executive Exhaustion

Anand Sithian | 25 Emory Int'l L. Rev. 681 (2011)

Currently the Third Restatement of Foreign Relations Law (“Third Restatement”) advocates a five-part balancing test for courts to apply when contemplating ordering discovery on a party that would require violation of another nation’s laws. This Comment uses the recent tax investigation into UBS and its account holders as a case study to argue that the alternative means factor from the Third Restatement should be a mandatory step for Executive Branch agencies to exhaust before they can petition a court to compel disclosure of foreign discovery that would require the defending party to violate foreign law. The application of executive exhaustion will prevent courts from having to engage in the Third Restatement’s balancing test. By avoiding the Third Restatement’s balancing test, a court can avoid placing parties in a catch-22—following one state’s laws at the expense of violating those of another state.

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The Enforcement Loophole: Judgment-Recognition Defenses as a Loophole to Corporate Accountability for Conduct Abroad

Christina Weston | 25 Emory Int'l L. Rev. 731 (2011)

This Comment analyzes the “enforcement loophole” that will enable Chevron to fight enforcement of the Lago Agrio court’s judgment “for decades into the future.” The enforcement loophole is the corporate defendant’s practice of using the standard defenses to foreign country judgment recognition available in the United States for an unintended purpose: to circumvent accountability abroad. After obtaining an FNC dismissal to a foreign tribunal where the corporate defendant has no major assets, the corporate defendant then has the opportunity to tailor the foreign litigation so that it satisfies one of the exceptions to recognition in the United States. As a result, even though foreign-country judgments are generally recognized on nearly the same basis as sister-state judgments, the enforcement exceptions afford corporate defendants an opportunity to manipulate the foreign litigation so that the foreign-country judgment is unenforceable in the United States.

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