Emory International Law Review

Volume 32Issue 1

You Say Embargo, I Say Bloqueo—A Policy Recommendation for Promoting Foreign Direct Investment and Safeguarding Human Rights in Cuba

Marcia Narine Weldon | 32 Emory Int'l L. Rev. 1 (2017)

The United States’ and Cuba’s strained relationship exists, at least in part, due to a fundamental disagreement as to the definition of human rights. While this relationship has warmed in recent years, the United States still has an embargo imposed on Cuba, prohibiting U.S. business development in Cuba until the Cuban government commits to democratization and human rights reform. A bilateral investment treaty between the two nations can help facilitate both human rights development and increased foreign investment in Cuba. Such a treaty could require an examination of human rights impacts on Cubans before investors could commit funds to the nation and, in turn, would provide mechanisms to protect investment interests. Creating a bilateral investment treaty with the inclusion of human rights clauses would promote U.S. interests in Cuba by providing protection for Cuban citizens while allowing investors to commit capital to the nation.

Read More »

International Economic Law, Gender Equality, and Paternity Leave: Can the WTO Be Utilized to Balance the Division of Care Labor Worldwide?

Taylor Stoneman | 32 Emory Int'l L. Rev. 51 (2017)

Women and men have never been treated equally when it comes to the division of care labor worldwide, and international law replicates this inequality. While women are more empowered now than ever before, women still bear the primary responsibility for caring for children and performing housework. In order to combat global gender inequality, international law must embrace more gender-neutral standards. One way to do so is to link labor to trade through the World Trade Organization, incorporating gender-neutral labor standards in a way that imposes substantive obligations on Member States. As a result, the imposition of paid paternity leave at the international level could help overcome traditional social attitudes toward care labor that would foster gender equality both in the home and in the workplace.

Read More »

The Plight of Tanzanian Persons with Albinism: A Case for International Refugee and Asylum Procedure Reform

Monaliza Seepersaud | 32 Emory Int'l L. Rev. 115 (2017)

Reforming asylum and refugee procedures is a global necessity. This Comment illustrates such necessity by introducing the case study of albino hunting in Tanzania. Current international asylum and refugee procedures prohibit persons with albinism (PWAs) from receiving protection from persecution. This Comment explores the state of affairs in Tanzania regarding the crisis of albino hunting and analyzes the Tanzanian governmental response as well as the international community’s response to the crisis. It then analyzes the ineffectiveness of current international law surrounding asylum and refugee procedures under the 1951 Convention, and examines the United Nations High Commissioner for Refugees (UNHCR) policies concerning the protections of internally displaced persons. Finally, this Comment proposes the development of global Protected Entry Procedures—where individuals may complete asylum and refugee applications in diplomatic or consular representations in his or her home state—as a method of reforming international asylum and refugee procedures.

Read More »

Eternal Sunshine: The Right to Be Forgotten in the European Union after the 2016 General Data Protection Regulation

Stefania Alessi | 32 Emory Int'l L. Rev. 145 (2017)

In 2014, the Court of Justice of the European Union recognized the existence of the Right to be Forgotten. In 2016, the European Council and the European Parliament enacted the General Data Protection Regulation to provide a uniform normative framework for the RTBF that harmonized data protection across the European Union. The GDPR provoked heated criticism because it may sway search engine providers to accept every request to eliminate data from the Internet and harm the right to freedom of information. This Comment argues that the new normative framework of the RTBF is consistent with the well-established protection of the right to respect for private life recognized and protected under the 1950 European Convention on Human Rights. It also argues that the GDPR will not harm the right to information because the structure of the Internet market will safeguard the right to information and the search engine’s economic rights.

Read More »

Policing in Partnership: Nicaraguan Policies with Implications for U.S. Police Forces

J. Thomas Ratchford III | 32 Emory Int'l L. Rev. 173 (2017)

In the midst of surging gang-fueled violence in Central America, Nicaragua has developed a community policing model that’s results call into question the efficacy of the militarized model employed by both her neighbors and many jurisdictions in the United States. This Comment argues that, while the United States may have pioneered the concept of community policing, the Nicaraguan National Police has perfected it. This approach has the potential to inform implementation worldwide, specifically in the United States. Rather than militarization, which has eroded trust between residents and police forces, the Nicaraguan model offers a return to policing in partnership with the community it serves. There is no “one size fits all” approach, but a commitment to building trust between police departments and the communities in which they serve—coupled with political commitment—will lead to the public legitimacy that Nicaragua’s neighbors and the United States so desperately need.

Read More »