Emory International Law Review

Volume 32Issue 3

What’s Intent Got to Do with It? Interpreting “Peaceful Purpose” in Article IV.1 of the NPT

David S. Jonas & Ariel E. Braunstein | 32 Emory Int'l L. Rev. 351 (2018)

The Treaty on the Non-Proliferation of Nuclear Weapons features many ambiguous provisions. Arguably its most controversial provision—Part 1 of Article IV—address states’ rights to nuclear energy for “peaceful purposes.” Non-Nuclear Weapon States argue that they have an inalienable right to develop nuclear technology for peaceful purposes, while Nuclear Weapon States emphasize that the rights of Non-Nuclear Weapon States to nuclear technology does not entitle them to all materials and technologies. The subsequent “nuclear apartheid”—with Non-Nuclear Weapon States claiming that Nuclear Weapon States are denying access to certain nuclear materials and technologies to maintain the current state of nuclear hierarchy—has intensified the discussion. Despite the consistent debate, the Treaty does not define what a “peaceful purpose” is. This Article incorporates the standards from the Vienna Convention on the Law of Treaties to interpret “peaceful purpose,” concluding that certain nuclear materials and technologies—like depleted uranium and naval reactor fuel—should not be considered uses of nuclear energy for “peaceful purposes.”

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To Enforce or Manage: An Analysis of WTO Compliance

Pavan S. Krishnamurthy | 32 Emory Int'l L. Rev. 377 (2018)

In the study of international relations and international law, compliance failures are often argued to result either due to the gross costs of compliance or as the result of domestic administrative constraints. Using statistical analysis, this case study supports the view that compliance structures that are more likely to capitulate to domestic interest groups—not simply the domestic compliance structures themselves—best explain whether and when a country complies with the WTO’s rulings. By drawing on empirical models, the evidence shows that political economic considerations of governments more accurately predict non-compliance as compared to purely capacity constraints.

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Art Conservation: The Cost of Saving Great Works of Art

Caitlin O'Riordan | 32 Emory Int'l L. Rev. 409 (2018)

Art conservation is widely practiced by museums as an effort to maintain and improve great pieces of artwork. The practice of conserving these artworks is controversial because some significant restorations have resulted in removing important aspects of the original works or painting over them entirely. As centuries of restorations accrue, museums risk losing the original work, creating an entirely new artwork. This Comment proposes that an international committee should review proposals to restore artworks before the projects begin. The proposed committee would consider the potential risks and weigh them against the benefits, discouraging museums from entering into these projects hastily. Museums would need to use standardized conservation techniques and procedures. The regulation of this industry and museums would result in conservations that are of excellent quality, rather than done in great quantity. In doing so, this committee would help to protect paintings from continuous efforts to save them.

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What a Dump! The Current State of Antidumping Duty Calculations in Non-Market Economy Cases

Adam Williams | 32 Emory Int'l L. Rev. 433 (2018)

For the purposes of assessing antidumping duties, the United States and the European Union classify China as a non-market economy. Designating China as such allows the U.S. and EU to calculate tariffs using a different methodology that is used for market economy imports. Depending on the country’s point of view, the non-market economy method is either convoluted or a de facto way for the administrating authorities to set whatever tariff they want. An analysis of the antidumping duty assessed by the U.S. Department of Commerce on garlic imports from China reveals two things: first, how difficult it is to calculate tariffs on imports from non-market economies; and second, how unpredictable the final duty imposed often is. This Comment then proposes a different, more data-driven methodology for calculating antidumping duties that would likely produce more predictable results while also demonstrating to China a willingness to work towards a solution.

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