Emory International Law Review

Volume 29Issue 2
Theme Issue: Women in International Law
Articles

Between Saviors and Savages: The Effect of Turkey’s Revised Penal Code on the Transformation of Honor Killings into Honor Suicides and Why Community Discourse Is Necessary for Honor Crime Education

Bethany A. Corbin | 29 Emory Int'l L. Rev. 277 (2014)

Honor killings and honor suicides are culturally motivated causes of deaths of women in Turkey. These honor crimes occur after a family member violates a social or moral norm, such as premarital relationship, that brings shame and dishonor to the family. Both the Turkish media and general scholarship on honor killings argue that due to the revised Turkish Penal Code of 2004, which increased sentences for honor killing perpetrators and their family members, families have shifted from honor killings to honor suicides, encouraging the females to take their own lives as to minimize the penalization. This article seeks to rebut that notion of causal linkage through careful analysis of statistical data while offering alternate explanations that expose the deeper issue of the Turkish honor culture.

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The Impact of Situational Factors on Forum Choice and Criminal Justice System Development in Bangladesh

Kristina Lugo, Elizabeth A.M. Searing | 29 Emory Int'l L. Rev. 327 (2014)

Using a survey by the World Bank’s Justice and Development Initiative, Kristina Lugo and Elizabeth Searing examine whether crime victims’ choice of dispute resolution forum is more constrained by social factors, such as socioeconomic status, or by event-specific factors, such as direct economic loss from the crime itself. In Bangladesh’s pluralist legal environment of competing traditional and state venues, neoinstitutionalist-inspired development strategies overlook important factors and strategies that improve access to justice for those most hurt by crime. This study finds that crime victims who suffer greater economic harm resulting directly from the crime, as well as victims of violent crime, tend to engage the state criminal justice system rather exclusively utilizing the traditional system. After a historical comparison seeking to identify possible omitted structural variables, Lugo and Searing highlight the need to consider crime-event-specific factors, not just social-level problems, when designing rule-of-law programs in developing countries.

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Comments

Cece v. Holder: An Unprecedented Look at the Asylum Claim for Victims of Attempted Sex Trafficking

Emily Niklaus Davis | 29 Emory Int'l L. Rev. 379 (2014)

In 2001, Albanian Johana Cece fled her hometown of Korçë, near Albania’s Greek border. Cece was the victim of attempted sex trafficking by a local gang member notorious for kidnapping young Albanian women and forcing them into prostitution. Ultimately, Cece sought refuge in the United States and applied for asylum. Returning to Albania meant returning to the threat of sex trafficking. In 2013, the Seventh Circuit found that Cece was eligible for asylum because she proffered a “particular social group” (PSG) cognizable under 8 U.S.C. § 1101(a)(42)(A). In 2005 and 2009, the Sixth Circuit held that women threatened with sex trafficking in their home countries were not eligible for American asylum on grounds of insufficient PSG proffers. Emily Niklaus Davis argues that the Seventh Circuit’s interpretation of PSG proffers by those facing the threat of sex trafficking is superior to the prior interpretations of the Sixth Circuit.

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Liability in Peacekeeping Missions: A Civil Cause of Action for the Mothers of Srebrenica Against the Dutch Government and the United Nations

Jasna Hasanbasic | 29 Emory Int'l L. Rev. 415 (2014)

Jasna Hasanbasic places The Mothers of Srebrenica’s lawsuits against the UN and The Netherlands in the context of liability and peacekeeping responsibilities. She argues that international law lacks the basic tort elements of adequate rules, rights, and remedies, and cannot provide legal redress to the women who lost husbands, brothers, and sons in the genocide at Srebrenica. Domestic law and courts are the answer. Given this assertion, will lawsuits against the UN and The Netherlands for grossly negligent peacekeeping encourage more effective planning and execution of future peacekeeping missions? Or will the UN withdraw from this international security function? Srebrenica provides a case study for potential similar legal claims, such as those that could arise from international involvement in Syria, in response to state-authorized attacks on civilians.

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Harmonizing Forum Non Conveniens and Foreign Money Judgment Recognition through International Arbitration

Jungmoo Lee | 29 Emory Int'l L. Rev. 451 (2014)

In a legal conflict where much of the harm and vital witnesses are located abroad, a U.S. court often seems justified in granting forum non conveniens. Unfortunately, the plaintiff may be unable to collect his or her judgment due to the strict standards of the Uniform Foreign-Country Money Judgment Recognition Act (UFCMJRA). This catch-22 is reality for the Ecuadorian plaintiffs of Aguinda v. Texaco. In order to resolve such a predicament, Jungmoo Lee argues that instead of making drastic doctrinal or statutory changes in the application of forum non conveniens and foreign money judgment standards to deal with such a situation, U.S. courts should apply forum non conveniens dismissal on the condition that the case be moved to an international arbitration panel that is specifically tailored to handle the dispute at hand.

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