Emory International Law Review

Volume 28Issue 1

Reverse the Curse: Creating a Framework to Mitigate the Resource Curse and Promote Human Rights in Mineral Extraction Industries in Africa

Eli G. Burton | 28 Emory Int'l L. Rev. 425 (2014)

The continent of Africa is one of economic paradox: Abundant natural resources lie within many of the states, yet despite their mineral wealth, these same states exhibit low levels of development and a poor standard of living. Resources that seemingly should benefit African states have instead been the impetus for their stagnant development. Historically, the beneficiaries of these vast mineral deposits have not been the African populations but rather foreigners such as the colonial powers in the nineteenth and twentieth centuries, exploitative corporations during the post-WWII neocolonial era, and opportunistic military strongmen involved in Africa’s civil and crossborder wars. The revenue that these resource caches produce is more often than not funneled to external entities, such as an international corporation or a few elites within a state. This phenomenon is generally known as the Resource Curse.

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Men of the Spear and Men of God: Islamism’s Contributions to the New Somali State

Matthew Cavedon | 28 Emory Int'l L. Rev. 473 (2014)

In September 2012, Somalia’s new government held a presidential election for the first time¿Hassan Sheikh Mohamud, an Islamist, won. Twenty years after a coalition of clans overthrew military dictator Mohamed Siyaad Barre and the country fell into anarchy, a new state is beginning to take shape. Though the government has yet to pass very many laws, Somalia’s new Constitution establishes parliamentary democracy, declares Islam the official religion, considers human rights a guiding principle, and guarantees private freedom of religion while restricting the public propagation of religions other than Islam. The state is still far from secure, and the overnment has yet to extend its authority everywhere, but Somalia is taking its first steps toward stable government.

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From the Watch Tower to the Acropolis: The Search for a Consistent Religious Freedom Standard in an Inconsistent World

Casey Jo Cooper | 28 Emory Int'l L. Rev. 509 (2014)

In late 2011, Greek authorities convicted a Pentecostal Christian for proselytizing to another man. In Greece, proselytism is a crime punishable by hefty fines and imprisonment and is strictly prohibited by both the Constitution and statutes. Emmanuel Damavolitis, a Pentecostal Christian, now faces four months in prison and a fine of €840 for proselytism. His attorney, Vassilios Tsirbas, appealed his case to the European Court of Human Rights (“ECHR”), claiming the conviction violates Article 9 of the European Convention ofHuman Rights. This case illustrates how creating a framework for securing religious freedom is a paradox amidst the democratic revolution of the modern world.

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When a Home Is Not a House: The Destruction of Romani Personal Property as a Human Rights Violation

Karolina Grygierowska | 28 Emory Int'l L. Rev. 557 (2014)

This Comment provides a new perspective on Romani legal issues typically overlooked by scholars by not simply focusing on major human rights issues classically discussed in light of the mistreatment of the Roma. Instead, this Comment examines legal issues that are not classified as human rights violations but impact the Roma in ways that rise to the level of a human rights violation based on their unique background and culture. By focusing on the destruction of chattels and personal property, this Comment evaluates the effectiveness of legal claims for actions that may rise to the level of human rights violations in the unique cultural context of nomadic Romani life. Finally, this Comment concludes that there is a severe lack of adequate legal remedies available, and that current efforts have been insufficient to remedy the marginalization and mistreatment suffered by the Romani people.

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Can I Say That?: How an International Blasphemy Law Pits the Freedom of Religion Against the Freedom of Speech

Caleb Holzaepfel | 28 Emory Int'l L. Rev. 597 (2014)

This Comment aims to illustrate the dangers inherent in blasphemy laws, by examining both their past and present state. If blasphemy laws become customary international law, as recent resolutions passed in the United Nations indicate, an important human right is unnecessarily threatened. Though blasphemy laws protect the freedom of some individuals to practice religion as they see fit without insult or unjust attack, blasphemy laws also inherently limit other individuals’ freedom of speech. The conversation over enacting and enforcing blasphemy laws is multi-layered and complex, but the foremost concern about certain new blasphemy laws is that they give freedom of religion undue precedence over freedom of speech, to the detriment of society. This Comment will illustrate the faulty thought processes behind blasphemy laws and the danger of allowing domestic blasphemy laws to evolve into international customary law.

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Lowering the “Efficacy” Threshold for Section 3(d) of the Indian Patents (Amendment) Act 2005: A Case for a Broader Scope

Andrew Q. Leba | 28 Emory Int'l L. Rev. 649 (2014)

This Comment examines the history that led to India’s current patent system, the status of pharmaceutical patentability in India and the relevant case law, and the future of India’s patent system. Based on that analysis, this Comment recommends that India should reinterpret Section 3(d) of its Patents Act in a way that gives stronger protection to drug innovators. Part I discusses the history of the Indian patent system, and India’s entry into the global economy in adopting the Trade-Related Aspects of Intellectual Property Rights, and key provisions of India’s new patent system. Part II examines recent clashes and key legal decisions involving foreign pharmaceutical companies and Indian generic manufacturers since the 2005 amendments to India’s Patents Act. Part III recommends that India’s patent system give a broad interpretation to Section 3(d) of India’s Patents Act in light of the mechanisms already in place to weed out frivolous patents.

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