Emory International Law Review

Volume 27Issue 1

Towards a New Democratic Africa: the African Charter on Democracy, Elections and Governance

Stacy-Ann Elvy | 27 Emory Int'l L. Rev. 41 (2013)

The African Charter on Democracy, Elections and Governance (“ADC”) recently entered into force on February 15, 2012. The main goal of the ADC is the encouragement and promotion of democracy and human rights on the African continent. The ADC is the first binding regional instrument adopted by member states of the African Union (“AU”) that attempts to comprehensively address all of the elements necessary for the establishment of liberal democracies. The ADC also contains a number of expansive provisions regarding unconstitutional changes of government.

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Babies Without Borders: Human Rights, Human Dignity, and the Regulation of International Commercial Surrogacy

Yasmine Ergas | 27 Emory Int'l L. Rev. 117 (2013)

In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned stateless and parentless.”

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Contextualizing Military Necessity

Nobuo Hayashi | 27 Emory Int'l L. Rev. 189 (2013)

Modern theories correctly reject the Kriegsräson doctrine, according to which the laws of war do not override the necessities of war and it is rather the latter that override the former. One such theory holds that unqualified rules of international humanitarian law (“IHL”) exclude military necessity being invoked de novo as a ground for deviation therefrom, yet not as a ground for additional restraint thereon. This theory—let us call it “counter-Kriegsräson”—is unacceptable for two reasons.

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Procedural Due Process in the Expulsion of Aliens Under International, United States, and European Union Law: A Comparative Analysis

Won Kidane | 27 Emory Int'l L. Rev. 285 (2013)

Liberal democracies aspire to respect minimum standards of individual liberty and due process to all. They structurally limit their powers with respect to how they treat all persons—including noncitizens, also known as “aliens.” Nonetheless, the exact scope and nature of the limitations imposed by international and domestic legal regimes for the expulsion of noncitizens still remains uncertain and is in a constant state of evolution in multiple directions. Indeed, a mix of situational progression and regression characterizes these regimes. The proper balance between personal liberty, due process, and equal protection on the one hand—and security, economic and related governmental and other common societal interests on the other, has proven elusive.

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Ignoble Treatment: The Tax Increase on Noble Energy’s Interests in the Massive Israeli Gas Strikes

Joel Slawotsky | 27 Emory Int'l L. Rev. 347 (2013)

After decades of relatively sparse oil and gas finds, recent developments have transformed Israel from being energy dependent into a probable energy exporter with its own sovereign wealth fund. In 2009 and 2010, United States based Noble Energy (“NBL”) and its Israeli corporate partners, made two giant gas strikes. One field, “Tamar,” was the largest gas find in 2009 and the second, “Leviathan,” was among the largest strikes in a decade. NBL had undertaken the costly and risky explorations relying upon a long-existing regulatory structure which resulted in a modest royalty rate in addition to the ordinary corporate income tax rate. However, following the gas discoveries, the Israeli government amended the regulatory structure in 2011 with the enactment of a new windfall energy profits law which sharply increased the tax rate. The new tax law contains no grandfather clause and includes all prior discoveries such as NBL's prior gas strikes.

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