Emory International Law Review

Volume 32Issue 2
Articles

Law, Religion, and Immigration: Building Bridges with Express Lanes

Gideon Sapir & Mark Goldfeder | 32 Emory Int'l L. Rev. 201 (2018)

Throughout the world, the right to culture established the right for a national group to establish a nation-state. In Israel, this right establishes another right for Jewish people to immigrate to Israel, based in part on the right to self-determination. In recent history, this right applies not only to Jews by birth but also to anyone who converts to Judaism or has Jewish family ties. As a result, there have been proposals in Israel to curb this automatic right of immigration because, as the argument goes, immigration of this kind may weaken the dominance of Jewish culture in Israel. This Article addresses the history of the Law of Return, outlines some arguments for amending it, and introduces proposals for amending the current Law.

Read More »

Good Law for “Bad Hombres”

Matthew Neely | 32 Emory Int'l L. Rev. 255 (2018)

The rise of drug cartels in Mexico has attracted international attention. In particular, United States President Donald J. Trump has publicly discussed that he may send the U.S. military into Mexico to fight these cartels. If the U.S. military does enter Mexico, it is important to consider the constraints placed on these actors by the law of armed conflict and human rights law. This Article concludes that the violence in Mexico attributable to drug cartels cannot legally be considered an armed conflict. Instead, if the U.S. sends in military forces, these forces would be bound by human rights law. Based on both treaty and customary international law, human rights law must be considered by any foreign force entering Mexico to fight drug cartels.

Read More »