Emory International Law Review

Volume 30Issue 3
Articles

Impaled on Morton’s Fork: Kosovo, Crimea, and the Sui Generis Circumstance

Christopher R. Rossi | 30 Emory Int'l L. Rev. 353 (2016)

Since NATO’s intervention in Kosovo, the invocation of sui generis, or unique circumstances, has been used to justify circumventing international law on the use of force and state secession. In this Article, Professor Christopher Rossi addresses lessons learned from NATO’s 1999 intervention in Kosovo and adapts those teachings to Russia’s 2014 annexation of Crimea. Professor Rossi exposes internal tensions within the United Nations Charter system that threaten to further weaken the system and expose it to dangerous manipulations. These weaknesses help explain why two of the most significant doctrinal developments to emerge from the midst of Kosovo—the Responsibility to Protect and remedial secession—have retreated from earlier enthusiastic assessments of their prospects in international law. Professor Rossi concludes by pointing out that embedded in the recourse to the sui generis claim is the cautionary belief that its invocation may mask extra-legal intentions as support international law’s progressive development.

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The Judicial Philosophy of Chief Justice John Roberts: An Analysis Through the Eyes of International Law

S. Ernie Walton | 30 Emory Int'l L. Rev. 391 (2016)

In his article, Professor Walton addresses international law in the United States and U.S. Supreme Court Chief Justice John Roberts’s judicial philosophy. Chief Justice John Roberts has penned majority opinions in several landmark cases directly addressing important international law issues. Professor Walton provides an overview of five international law issues in the United States and provides an update on the current status of these issues under Chief Justice Roberts. The Article ultimately concludes that Chief Justice Roberts is a prudentialist, a judge who holds fast to “the conviction that federal judges must cultivate the virtues of modesty and humility, staying true to their constitutional duty to interpret the law while fending off whenever possible the temptation to intrude upon the proper provinces of other public and private institutions.”

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Comments

Ukraine: Analyzing the Revolution and NATO Action in Light of the U.N. Charter and Nicaragua

Matthew Emery | 30 Emory Int'l L. Rev. 433 (2016)

Ukraine has been subject to civil unrest and Russian aggression since early 2014. Amidst these international conflicts and pressures, NATO has made it clear that it wants the current Ukrainian government to succeed, mostly because it would establish a very pro-Western government. In this Comment, Matthew Emery argues that NATO is limited in the assistance it can provide to Ukraine, because Ukraine is not a member of NATO. Furthermore, this Comment argues that any assistance from NATO countries to the current Ukrainian government would violate the International Court of Justice’s decision in Nicaragua because the government is illegitimate.

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The Post-ABC Situation of LGB Refugees in Europe

Erin Gomez | 30 Emory Int'l L. Rev. 475 (2016)

This Comment discusses the current European legal framework for determining whether sexual minority asylum seekers are credible when they allege their sexual identities. The Comment pays special attention to the European Court of Justice’s most recent ruling on the topic, A, B and C v. Staatssecretaris van Veiligheid en Justitie (ABC), and critiques the Court’s holdings. This Comment then highlights what the author believes to be the three major problems facing sexual minority credibility determinations following ABC: (1) the use of sexually explicit questioning and invasive procedures to determine asylum applicants’ sexualities; (2) the focus on asylum applicants’ homosexual self-identification as opposed to their noncompliance with heterosexual norms; and (3) reliance on stereotypes to determine asylum applicants’ sexualities. This Comment critically considers the English Barrister S. Chelvan’s DSSH Method as a solution to these three problems and concludes by suggesting the Method and other practices to solve the problems.

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Indigenous Interpretations of the Right to Education Incorporating Gandhi’s Visionary Philosophy to Educational Reform

Anna Saraie | 30 Emory Int'l L. Rev. 501 (2016)

Since the 1940s, there has been growing movement for the promotion of education. There is now an obligation in the international community to ensure that every child has the resources to exercise his or her right to education. Two problems have emerged from this obligation. First, international agreements define the right ambiguously but requires countries to adhere to strict and unrealistic deadlines. This has burdened developing countries. Second, there has been an increase in violent opposition groups targeting children to protest the promotion of education. To combat these problems, states should incorporate Gandhi’s philosophy. Gandhi advocated that education should be free but self-reliant, emphasize learning by doing and be based on indigenous culture. Tanzania implemented policies that were similar to Gandhi’s proposals and has been successful and ensuring access to education. This comment argues that the Tanzanian model may be a new approach to promoting the right to education.

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