Emory International Law Review

Volume 25Issue 3

Protecting the Human Rights of LGBT People in Uganda in the Wake of Uganda’s “Anti Homosexuality Bill, 2009”

Daniel Englander | 25 Emory Int'l L. Rev. 1263 (2011)

A bill pending before the Ugandan Parliament from October 2009 to May 2011 sought to punish anyone who engages in “homosexuality” with life imprisonment and prescribed the death penalty for a variety of activities deemed “aggravated homosexuality.” Many commentators saw the “Anti Homosexuality Bill, 2009” (“Bill” or “Anti-homosexuality Bill”) as the most pernicious legislative proposal aimed at gays and lesbians anywhere in the world and feared the death penalty provision could signal a “looming gay genocide” in Uganda. This Comment seeks to begin the conversation on legal solutions to vindicate the rights of LGBT people in Uganda in the wake of the Anti-homosexuality Bill.

Read More »

International Law, Religious Limitations, and Cultural Sensitivity: The Park51 Mosque at Ground Zero

Heather Greenfield | 25 Emory Int'l L. Rev. 1317 (2011)

In the summer of 2010, a controversy erupted after news surfaced of a planned mosque two blocks from New York City’s Ground Zero. The proposed location of the mosque, now named Park51, inflamed the passions of many Americans who believed that the Muslim institution would threaten both the memories of September 11, 2001, and the respect for those killed by the terrorist attacks. The Park51 mosque quickly attracted international attention, and the question of whether the state could restrict the mosque became entangled in a web of legal and “cultural sensitivity” arguments. This Comment advocates an international human rights framework to address the issue of whether the state can regulate religious land use, such as Park51.

Read More »

Dueling Nationalities: Dual Citizenship, Dominant and Effective Nationality, and the Case of Anwar al-Aulaqi

Abraham U. Kannof | 25 Emory Int'l L. Rev. 1371 (2011)

This Comment argues that when hearing a case involving a suspected terrorist who holds dual citizenship, a domestic court should first determine, as a threshold matter, the dominant and effective nationality of the accused. This determination is significant because a dominant foreign national can essentially be treated as a non-citizen, for the purposes of adjudication, and may not be entitled to the full rights and protections of domestic citizenship.

Read More »

The Burqa Ban: An Unreasonable Limitation on Religious Freedom or a Justifiable Restriction?

Shaira Nanwani | 25 Emory Int'l L. Rev. 1431 (2011)

In the spring of 2011, France enacted a law banning the concealment of the face in public spaces (the “burqa ban”). The burqa ban creates two new punishable offenses in France. First, wearing clothing designed to conceal one’s face in a public space is punishable by either a maximum of a €150 fine or by being required to take a class on the meaning of citizenship, or both. Second, forcing a woman to wear a face-covering veil is punishable by one year of imprisonment or a €30,000 fine. The burqa ban, which was first introduced by the French National Assembly and passed “overwhelmingly” through both houses of the French Parliament, went into effect in France on April 11, 2011. While this Comment considers several factors, it argues that the burqa ban is an unjustifiable restriction upon the fundamental freedom of religion guaranteed by Article 9 of the European Convention.

Read More »

The Deepwater Horizon Disaster: An Examination of the Spill’s Impact on the Gap in International Regulation of Oil Pollution from Fixed Platforms

Marissa Smith | 25 Emory Int'l L. Rev. 1477 (2011)

This Comment examines the Deepwater Horizon disaster’s impact on the current international agreements controlling oil pollution. As the largest oil spill in history, the Deepwater Horizon explosion has put to the test the effectiveness of compensation caps enacted by private compensation regimes and reemphasized the importance of enacting a global convention on oil pollution from fixed platforms. This Comment also examines the Deepwater Horizon disaster’s impact on both private compensation regimes’ regulations and liability caps, and on the international community’s recent reevaluation of the importance of a global convention specifically addressing fixed platforms.

Read More »

Try as They Might, Just Can’t Get It Right: Shortcomings of the International Megan’s Law of 2010

Danielle Viera | 25 Emory Int'l L. Rev. 1517 (2011)

This Comment argues that future legislation closely resembling House Bill 5138, the International Megan’s Law of 2010, should not become law. Further, this Comment encourages future drafts of such a law to account for the inherent weaknesses of House Bill 5138. This Comment proposes two alternative solutions for Congress to consider in light of the problems discussed: Congress should either change the language in its next attempt or decline to pass any law until it can analyze the successes and failures of the British Parliament’s similarly drafted Sarah’s Law.

Read More »