Emory International Law Review

Volume 29Issue 1

Casting a New Vision

Katherine M. Davis | 29 Emory Int'l L. Rev. i (2014)

Starting with Volume 29, Emory International Law Review will publish four issues per volume.

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Complexity and Efficiency at International Criminal Courts

Stuart Ford | 29 Emory Int'l L. Rev. 1 (2014)

The most persistent criticisms of international criminal tribunals are that they cost too much and take too long. Stuart Ford presents a new assessment utilizing complexity and efficiency. Ford’s work reveals that even the least complex trial at the International Criminal Tribunal for the Former Yugoslavia (ICTY) is more complex than the average criminal trial in the United States, and that the trials completed by the ICTY thus far are the most complex set of related criminal cases to have ever been tried by any court. These conclusions highlight why it is misleading to compare the cost and length of the ICTY’s trials to other trials, both domestic and international, without first accounting for their complexity. Per efficiency, Ford concludes that the ICTY’s trials have proven more efficient than cases of comparable gravity and complexity tried in domestic courts or at the Special Court for Sierra Leone.

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Addressing Dilemmas of the Global and the Local in Transitional Justice

Dustin N. Sharp | 29 Emory Int'l L. Rev. 71 (2014)

Professor Dustin N. Sharp analyzes and deconstructs the concept of the local in the context of transitional justice. While involving the local is a key to success in transitional justice interventions, in practice, the local is often overlooked or restricted by the global. Professor Sharp argues that understanding the global-local dilemma requires at least three things. First, we must understand why transitional justice became the focus for global-local tensions. Professor Sharp indentifies the Western historical and ideological origins of transitional justice as sources for global-local tensions. Second, we must understand local ownership. By describing the components of local ownership (actual control, process, and substance), Professor Sharp presents a more nuanced relationship between the global and local. Third, instead of discarding the concept of the local in favor of more complex theories, we must appreciate its interplay with the centralizing and universalizing tendencies of transitional justice.

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I, Too, Sing America: Customary International Law for American State and Federal Courts’ Post-Kiobel Jurisprudence, Guided by Australian and Indian Experiences

Katherine M. Davis | 29 Emory Int'l L. Rev. 119 (2014)

Kiobel v. Royal Dutch Petroleum Co. re-ignited American discussions on customary international law (CIL). Outside the Alien Tort Statute, however, CIL authority in American courts remains unresolved and seemingly at odds with federalism. Debates are polarized between theories that CIL is binding domestic law and that CIL has no authority without enacting legislation. Seeking resolution, Katherine M. Davis assesses state and federal court decisions on CIL from fellow federal nations India and Australia. Indian and Australian jurisprudence offer three insights. First, as India and Australian courts harmoniously interpret CIL in various fashions, American solutions need not be as extreme as some suggest. Second, India’s and Australia’s limited embrace of CIL indicate that what many deem “American exceptionalism” from international law may not be so exceptional after all—rather, a necessary function of federalism. Finally, drawing from an Indian state court, Davis suggests importing the CIL-equivalent of a Charming Betsy canon.

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Establishing a Positive Right to Migrate as a Solution to Food Scarcity

Douglas Stephens | 29 Emory Int'l L. Rev. 179 (2014)

Food scarcity is a dire matter impacting parts of our world such from Paraguay to Somalia. In these nations, the issue is serious enough to force individuals to leave their homeland for another country. However, under the current regime of human rights law, these individuals are left without protection. While international conventions guarantee them the freedom of movement, they are not promised the right to enter other countries. Likewise, though refugee law covers sudden, violent, or extreme deprivations, it does not account for slow degradation of the environment, or social, political, or economic issues that lead to food scarcity. Under both approaches, vulnerable individuals are stranded without legal protection. Douglas Stephens proposes solving this problem by developing methods to create positive rights for individuals whose rights to life are violated by food scarcities that cannot be remedied in situ.

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The Proposed Transatlantic Trade and Investment Partnership (TTIP): ISDS Provisions, Reconciliation, and Future Trade Implications

Mark Weaver | 29 Emory Int'l L. Rev. 225 (2014)

On July 8, 2013, the United States and the European Union launched talks for the Transatlantic Trade and Investment Partnership, a proposed international investment agreement that would create the world¿s largest free trade area and cover almost half of the entire global economic output. Even with a recognized public backlash, U.S. and EU leaders have publicly stated their intention of including investor-state dispute settlement provisions in the finalized TTIP and future international investment agreements, including any future multilateral agreement on investment. Mark Weaver provides original analysis on specific provisions regarding each of the issues the U.S. Model text, as well as the EU Draft text and corresponding negotiating directive address, create. This Comment seeks to prescribe reconciliation between the U.S. and EU texts and finds that reconciliation is possible on all ISDS provisions of the proposed TTIP.

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