Emory International Law Review

Volume 27Issue 2

Norms Governing the Interstate Use of Force: Explaining the Status Quo Bias of International Law

Richard Hanania | 27 Emory Int'l L. Rev. 829 (2013)

It is generally held that states interact with one another in a state of anarchy, at least when it comes to national security. After defining international law, I show that this is not completely accurate. Reflecting a status quo bias, classic invasions and territorial aggrandizement through force are illegal. Since 1945, states that have undertaken classic invasions have generally been sanctioned, and no state has taken territory from another by force since 1976.

Read More »

Inheriting International Rivers: State Succession to Territorial Obligations, South Sudan, and the 1959 Nile Waters Agreement

Mohamed S. Helal | 27 Emory Int'l L. Rev. 907 (2013)

South Sudan’s independence has increased the number of Nile riparian states to eleven. Unfortunately, the Nile remains without an all-inclusive legal regime to regulate its use and to ensure that this indispensable natural resource is conserved for future generations. What, therefore, are the legal obligations of the newborn Republic of South Sudan regarding the Nile River? Specifically, this Article asks whether the Egyptian-Sudanese Nile Waters Agreement of 1959 has devolved onto South Sudan.

Read More »

“I’m not Half the Man I Used to Be”: Exposure to Risk without Bodily Harm in Anglo-American and Israeli Law

Benjamin Shmueli | 27 Emory Int'l L. Rev. 987 (2013)

This Article addresses the fundamental and age-old question of defining harm in tort law. It follows the case of the trapped Chilean miners, among others. It challenges, in a comparative view, the common notion that no compensation will be awarded for tortious conduct that produces no actual loss or damages because pure risks that have not yet materialized are not considered a harm.

Read More »

The Dark Heart of Eastern Europe: Applying the British Model to Football-Related Violence and Racism

Matthew R. Watson | 27 Emory Int'l L. Rev. 1055 (2013)

In the summer of 2012, Poland and Ukraine co-hosted the 2012 UEFA European Football Championship. A week before kickoff, BBC’s investigative journalism program, Panorama, aired a documentary highlighting pervasive violence, racism and anti-Semitism in the football stadiums in both these nations. Violent and racist hooliganism is not a new phenomenon in Europe, but the images and interviews were shocking as hundreds of thousands fans from all over Europe prepared to travel to Eastern Europe for Euro 2012.

Read More »