Emory International Law Review

Volume 25Issue 3
Recent Development

The New ICC Rule on Consolidation: Progress or Change?

Lara M. Pair & Paul Frankenstein | 25 Emory Int'l L. Rev. 1061 (2011)

In September 2011, the International Chamber of Commerce (“ICC”) published the tenth revision of its Arbitration Rules. A task force of more than 175 members from forty-one countries revised the ICC Rules, starting in October 2008. These new rules will enter into effect on January 1, 2012, replacing the current ICC Rules that entered into force on January 1, 1998. Numerous changes were made, ranging from the trivial to the significant. This Article analyzes the expansion of the provision on consolidation in an attempt to predict whether there will be material improvement in the consolidation process or whether the changes made will have only a superficial effect.

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Symposium: A Worldwide Response: An Examination of International Law Frameworks in the Aftermath of Natural Disasters

A Call to Respond: The International Community’s Obligation to Mitigate the Impact of Natural Disasters

Jenny R. Hernandez & Anne D. Johnson | 25 Emory Int'l L. Rev. 1087 (2011)

Challenged by the successes and failures of the Haiti relief efforts, the Emory International Law Review’s Spring 2011 Symposium, “A Worldwide Response: An Examination of International Law Frameworks in the Aftermath of Natural Disasters” (“A Worldwide Response”), investigated how international law can develop to address disaster crises. On January 27, 2011, “A Worldwide Response” convened scholars and practitioners in the field of international disaster relief to discuss and further this uncertain, but critical field of international law. The Symposium highlighted three major themes in its day-long investigation of current international response. As the Symposium’s participants engaged with these issues, it became clear that this event was one of the first of its kind.

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Successes and Challenges of the Haiti Earthquake Response: The Experience of USAID

Paul E. Weisenfeld | 25 Emory Int'l L. Rev. 1097 (2011)

The Haiti relief and reconstruction effort continues to be complex, presenting the difficult task of allocating limited human and financial resources between immediate humanitarian needs and long-term sustainable development solutions, which are intended to address Haiti’s underlying problems. The ultimate measure of success for the relief and reconstruction effort will be the strength of Haitian institutions that the USG and international community leave behind. This Article focuses on the U.S.-led response, which demonstrated how present laws and practices are effective in responding to highly complex and large-scale natural disasters and highlighted potential areas for improvement.

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Modern Disaster Theory: Evaluating Disaster Law as a Portfolio of Legal Rules

Jim Chen | 25 Emory Int'l L. Rev. 1121 (2011)

Disaster law consists of a portfolio of legal rules for dealing with catastrophic risks. This Article takes preliminary steps toward modeling that metaphor in quantitative terms made familiar through modern portfolio theory. Modern disaster theory, by analogy to the foundational model of corporate finance, treats disaster law as the best portfolio of legal rules. Optimal legal preparedness for disaster consists of identifying, adopting, and maintaining that portfolio of rules at the frontier of efficient governance.

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Cheaper, Better, Longer-Lasting: A Rights-Based Approach to Disaster Response in Haiti

Brian Concannon, Jr. & Beatrice Lindstrom | 25 Emory Int'l L. Rev. 1145 (2011)

This Article explores how the failure of the earthquake response is the result of past and current policies that, however well intentioned, fail to adequately respect the human rights of Haitians, especially Haiti’s poor. It demonstrates that while the earthquake created new acute human rights challenges for Haiti, it also exposed the disastrous effects of decades-old policies that systematically undermine the Haitian government’s ability to provide basic governmental services and meet the needs of the majority of its people. A legacy of debt and international trade policies has incapacitated the Haitian government, and lack of enforcement of the rule of law has made Haiti’s poor disproportionately vulnerable to natural disasters. Haiti’s earthquake illustrates that the most severe humanitarian emergencies are most often symptomatic of and contributory to a larger human rights emergency.

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Women in the Aftermath of the 2010 Haitian Earthquake

Benedetta Faedi Duramy | 25 Emory Int'l L. Rev. 1193 (2011)

This Article examines women’s and girls’ struggles in the aftermath of the Haitian earthquake. In particular, it focuses on the grievous conditions in the displacement camps that foster gender-based violence and abuse, often perpetrated by members of armed groups or prison escapees. Indeed, the lack of lighting, private sanitary facilities, secure shelters, and police patrols in the encampment areas endanger women’s and girls’ safety. The devastation and traumatic loss of family and community members following the earthquake further affect women’s resilience and increase their vulnerability to abuse and sexual violence. By examining the conditions and risks faced by women and girls in the displacement camps, this Article aims to identify preventive measures and effective responses that international law and humanitarian aid should adopt to protect displaced women and girls and address gender-based violence.

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Are Lawyers Unsung Disaster Heroes?: The Importance of Well-Prepared Domestic Legal and Regulatory Frameworks for Effective Disaster Response

Elyse Mosquini | 25 Emory Int'l L. Rev. 1217 (2011)

The aftermath of a natural disaster unquestionably calls for action amid chaos. No matter its character—a sudden-onset earthquake, seasonal hurricane, or flooding—a natural disaster’s immediate-term impact is similar: families and communities confronting loss of life and property and struggling to meet their basic needs. The affected population may be displaced from their homes, supply chains of essential items such as food and fuel may be cut off, and social services may be interrupted. When these basic needs outstretch local capacities, the complexity of the response operation mounts. This Article highlights the importance of well-prepared domestic regulatory frameworks for effective disaster response. Reviewing several key historic and current international and regional initiatives, it offers insight into future directions in the field of international disaster response law.

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Mainstreaming Children’s Rights in Post-disaster Settings

Jonathan Todres | 25 Emory Int'l L. Rev. 1233 (2011)

In recent years, major natural disasters—ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake—have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced persons, including high numbers of children. The international community has struggled to deliver the resources needed to ensure the prompt and full recovery of the affected populations. In these settings, the challenges confronting children are particularly acute. This Article examines the special circumstances facing children in post-disaster settings and the legal protections in place to ensure their rights and well-being.

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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.

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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.

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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.

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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.

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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.

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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.

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Book Review

Soft Law and the Global Financial System

Jim Chen | 25 Emory Int'l L. Rev. 1561 (2011)

In Soft Law and the Global Financial System: Rule-Making in the Twenty-First Century, Christopher J. Brummer provides a detailed and informative analysis of the international regulatory response to the global financial crisis of 2008. This accomplishment alone warrants a close look at this book. Yet, Professor Brummer goes further in this pivotal work on the law of international finance. He provides a persuasive, theoretical account of international financial law. Soft Law and the Global Financial System not only describes the mechanisms of lawmaking and standard-setting for global financial markets, but also delivers a workable framework for prescribing and perhaps even perfecting the regulation of the world’s most vital and volatile economic institutions.

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