Emory International Law Review

Volume 27Issue 2
Comments

Freedom of Expression in Russia as it Relates to Criticism of the Government

Tatyana Beschastna | 27 Emory Int'l L. Rev. 1105 (2013)

Freedom of expression in Russia appears to be slowly eroding, Russian Government promising to protect human rights, including the right to freedom of expression.

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Nothing Certain About Death and Taxes (and Inheritance): European Union Regulation of Cross-Border Successions

Jennifer Bost | 27 Emory Int'l L. Rev. 1145 (2013)

On July 4, 2012, after almost fifteen years of preparatory work, the European Parliament and the Council of the European Union (Council) passed a regulation intended to simplify international inheritance cases. The Regulation addresses issues regarding appropriate jurisdiction, applicable law, recognition and enforcement of decisions, and acceptance and enforcement of authentic instruments for international inheritance (Cross-Border Succession). It also creates a European Certificate of Succession. However, the Regulation expressly does not apply to any tax issues related to inheritance.

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Jurisdictional Battles in Both European Union Cross-Border Injunctions and United States Anti-Suit Injunctions

Tyler J. Dutton | 27 Emory Int'l L. Rev. 1175 (2013)

The Apple and Samsung litigation has resulted in more than twenty-two patent cases in six EU member states: twelve in Germany, two in the Netherlands, two in France, two in Italy, three in Spain, and one in the United Kingdom. Although the disputes involve the same technologies, Apple and Samsung must litigate the issue in each country because patent rights can only be enforced within the country that granted the patent. Patent battles, such as those between Apple and Samsung, require a patent owner “to pursue duplicative litigation on a ‘nation-by-nation’ basis, incurring significant costs and draining valuable judicial resources.”

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Chinese Currency Manipulation: Are There Any Solutions?

Laurence Howard | 27 Emory Int'l L. Rev. 1215 (2013)

Politicians often bellow about currency manipulation in an attempt to prove their toughness on foreign policy. All too often these politicians seem under- informed about the subject. In recent years, a substantial amount of political rhetoric in the United States has been aimed at addressing the “problem” of Chinese currency manipulation. Upon investigation, all of the proposed solutions prove inadequate, whether they call for greater cooperation with multi-national organizations, unilateral actions, or simple diplomacy.

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A Gap Between Ideals and Reality: The Right to Health and the Inaccessibility of Healthcare for haitian Migrant Workers in the Dominican Republic

Stephanie Leventhal | 27 Emory Int'l L. Rev. 1249 (2013)

This Comment examines the barriers that undocumented Haitian migrants face when accessing healthcare, despite their entitlement to health under the country’s domestic laws. It then provides steps the Dominican Republic can take to begin moving toward its promise of universal healthcare.

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Being Able to Prosecute Saif al-Islam Gaddafi: Applying Article 17(3) of the Rome Statute to Libya

M. Christopher Pitts | 27 Emory Int'l L. Rev. 1291 (2013)

The Arab Spring was a series of revolutions and demonstrations occurring in several nations throughout the Middle East and North Africa. One such revolution was the Libyan Civil War, which ended the forty-year reign of Colonel Muammar Gaddafi. While the revolution certainly affected the lives of Libyans, it also left its mark on international criminal law. On February 26, 2011, the United Nations Security Council passed Resolution 1970, which referred the situation in Libya to the International Criminal Court’s Office of the Prosecutor (OTP) for an investigation into any international crimes committed by Muammar Gaddafi and his regime since February 15, 2011. As a result, the Pre-Trial Chamber (Chamber) of the International Criminal Court (ICC) issued warrants for the arrest of Muammar Gaddafi, Saif al-Islam Gaddafi (Gaddafi), and Abdullah al-Senussi, alleging their responsibility for committing crimes against humanity during the conflict. The charges against Muammar Gaddafi were dropped due to his death, but the case against Saif Gaddafi and al-Senussi has continued and become an important issue for the new Libyan government, which has challenged the admissibility of the Gaddafi case before the ICC. The Chamber denied Libya’s admissibility challenge on May 31, 2013.

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