Emory International Law Review

Volume 33Issue 3
Comments

The Restoration and Protection of Afro-Colombian Land to Establish Equality and Mitigate Violence

Maria Claudia Fuentes | 33 Emory Int'l L. Rev. 399 (2019)

As the Colombian government is attempting to achieve peace in its country after fifty-two years of civil conflict, peace will not be attainable unless the Colombian government addresses the vulnerable status of Afro-Colombians and their land rights in the Pacific region of the country. The vulnerability of Afro-Colombians and their land rights have greatly impacted the instability in the nation. Throughout the civil conflict, numerous bloody skirmishes occurred on the arable lands of Afro-Colombian. These bloody skirmishes will continue because of the desire of criminal non-government actors to take the arable land and use it for profit. This Comment proposes that to protect Afro-Colombians and their lands the Colombian government should communicate with Afro-Colombians and implement a stronger policy of consulta previa by using the Declaration on the Rights of Indigenous People as a guideline and by granting Afro-Colombians the ability to veto the plans that are presented to them.

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Rushing to Regulate: Rethinking the RBI’s Directives on Peer-to-Peer Regulations in India

Namratha Minupuri | 33 Emory Int'l L. Rev. 433 (2019)

Almost half of India still does not have a bank account, leaving millions of Indians unable to access traditional sources of credit. For these unbanked Indians, peer-to-peer (P2P) lending platforms have become an important alternative credit source. A recent boom in P2P platforms caused the Reserve Bank of India (RBI) to create a regulatory framework for the P2P sector. This Comment seeks to address some of the issues concerning regulating an unconventional industry that provides a crucial service. First, it is argued that the RBI fundamentally mischaracterizes both the services P2P’s provide, and how P2P’s provide these services. The Comment then discusses challenges P2P regulation poses for the RBI, arguing that the RBI’s framework both over- and underregulates P2P platforms. Finally, this Comment recommends India adopt U.S. P2P regulations, allowing for an exemption-based approach to lending. Given that alternative credit is much needed in India, this Comment hopes to better tailor current regulations, in order to avoid a total regulatory overhaul.

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The South Korean Patent Linkage System: A Model for Reforming the United States Hatch-Waxman Act

Kimberlee Thompson Raley | 33 Emory Int'l L. Rev. 459 (2019)

The Hatch-Waxman Act created the modern pharmaceutical regulatory approval process in the United States. The drafters of Hatch-Waxman sought to balance incentives for branded pharmaceutical company investment in innovative therapies with incentives for accelerated market entry of generic pharmaceuticals. Today, thirty years after enactment, the Hatch-Waxman balance has shifted. Branded pharmaceutical companies routinely exploit Hatch-Waxman loopholes to block generic competitors from entering the market. After much public outcry, United States officials have prioritized closing these loopholes. This Comment proposes Hatch-Waxman reforms which follow South Korea’s pharmaceutical regulatory approval process. South Korea modeled its system on Hatch-Waxman yet made it more difficult for pharmaceutical companies to delay generic competitors. The United States need not adopt South Korea’s system verbatim. Rather, South Korea’s system should be used as a guide for restoring the intended Hatch-Waxman balance, promoting competition in the marketplace, and lowering drug prices in the United States.

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