Emory International Law Review

Volume 29Issue 2
Theme Issue: Women in International Law

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.

Read More »

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.

Read More »

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.

Read More »