Emory International Law Review

Volume 30Issue 1
Foreword

Foreword

Lauren Ulrich | 30 Emory Int'l L. Rev. 1 (2015)

The Editorial Board of the Emory International Law Review is proud to present the first issue of Volume 30. With Volume 30, the Emory International Law Review carries on the vision cast in Volume 29 for publishing smaller and more frequent issues and Recent Developments pieces. Volume 30 highlights a keynote address, eight professional articles and ten noteworthy student pieces that span a wide range of subjects in international law from investor-state dispute settlement to peace and conflict resolution in Syria, and from Supreme Court international law jurisprudence to the unwilling or unable paradigm in international humanitarian law.

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Articles

“Lessons” Confirmed While Serving as Arbitrator and Counsel in Arbitrations Involving Africa

Charles N. Brower, Michael P. Daly, & Sarah Melikian | 30 Emory Int'l L. Rev. 5 (2015)

In a keynote address given on November 3, 2014 at the Atlanta International Arbitration Society’s Third Annual Conference, Enhancing Business Opportunities in Africa: The Role, Reality and Future of Africa-Related Arbitration, Judge Charles N. Brower offered four lessons learned while serving as an arbitrator and legal counsel in arbitrations involving Africa. The lessons that emerged from Judge Brower’s experiences with cases involving African States can be universally applied outside the realm of African disputes.

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A Perplexing Paradox: “De-Statification” of “Investor-State” Dispute Settlement?

Becky L. Jacobs | 30 Emory Int'l L. Rev. 17 (2015)

Expanding on panel discussions at the Atlanta International Arbitration Society’s Third Annual Conference, Enhancing Business Opportunities in Africa, Professor Becky L. Jacobs critically examines demands that states be removed from investor-state dispute settlement (ISDS). Professor Jacobs considers various critiques of, and reforms or adjustments to, existing ISDS systems that relate to states’ rights to pursue legitimate public policy objectives. In reviewing data and details of African state involvement in ISDS, Professor Jacobs highlights an apparent “diversity deficit” in the participation of African nationals as arbitrators and counsel in investment arbitrations, as well as proposals to include African nationals in ISDS systems.

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Comments

TRIPS and Compulsory Licensing: Increasing Participation in the Medicines Patent Pool in the Wake of an HIV/AIDS Treatment Timebomb

Lauren Ulrich | 30 Emory Int'l L. Rev. 51 (2015)

Despite the significant progress that has been made in recent decades to increase access to HIV/AIDS antiretroviral medicines in developing countries, a treatment timebomb awaits unless immediate action is taken to decrease the price of antiretroviral drugs. The Medicines Patent Pool (MPP) can serve as a valuable tool to increase access to patented HIV medicines in developing countries if participation in the pool by patent holders can be increased. This Comment argues that governments in countries hardest hit by the HIV/AIDS epidemic can increase participation in the MPP by collectively exercising TRIPS flexibilities and issue compulsory licenses for HIV medicines. Such a concerted effort by low- and middle-income countries to issue compulsory licenses could make the MPP more effective at increasing access to new and more affordable HIV medicines to respond to the treatment timebomb.

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The Best Practice of Forgetting

Bunny Sandefur | 30 Emory Int'l L. Rev. 85 (2015)

In the Google Spain v. AEPD and Mario Costeja Gonzalez decision, the Court of Justice of the European Union determined that citizens of European Union member states have the right to ask search engine companies to remove certain personal information from search results. This Comment argues that the lack of specific guidance in the Costeja decision ultimately created significant burdens on citizens, search engine companies, and EU member states. To mitigate these burdens, this Comment proposes a Centralized Data Protection Agency to receive requests directly from citizens, weigh the privacy versus public interest rights, and make decisions that would be binding across all member states. This solution would make the request process easier for citizens, relieve private search engine companies from the daunting responsibility of determining legal privacy rights, and insulate member states from conflicting local implementation.

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International Law and the “Globalization” of the Arctic: Assessing the Rights of Non-Arctic States in the High North

Shiloh Rainwater | 30 Emory Int'l L. Rev. 115 (2015)

The Arctic Council’s decision in 2013 to admit six new non-Arctic states as permanent observers symbolically legitimized the interests of peripheral actors in the region. Still, non-Arctic states remain significantly disadvantaged with respect to actually pursuing their Arctic interests. Under the United Nations Convention on the Law of the Sea, most of the Arctic’s resources and both currently-accessible Arctic shipping routes are exclusively controlled by the littoral Arctic states. Regional actors likewise dominate arctic governance, as non-Arctic states are denied speaking and voting privileges at the Arctic Council. These disparities not only harm the interests of non-Arctic states, but also undermine the effectiveness of the Arctic Council. Consequently, a more inclusive, international approach to Arctic governance is necessary to address the challenges of a globalized Arctic.

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