Emory International Law Review

Volume 33Issue 3
Articles

Fighting the “Three Evils”: A Structural Analysis of Counter-Terrorism Legal Architecture in China

Enshen Li | 33 Emory Int'l L. Rev. 311 (2019)

In the aftermath of September 11 attacks, China has not been immune to the global trend of destructive terrorism. However, China’s perceptions of terrorism and legal responses to it greatly diverge from those of other countries. This Article first seeks to understand the cause, source, and impact of terrorist threats in China, known as “Three Evils”—terrorism, extremism, and separatism, through a critical inquiry of the country’s ethnic and religious policies. It then proceeds to delineate China’s legal framework for combating the “Three Evils” to explore the cultural characteristics of the government’s approach against these rising threats. Tracing the evolution of the country’s counter-terrorism laws and policies, this Article argues that China has developed an operational infrastructure composed of four strands to fight terrorism: crackdown, criminalization, control, and cooperation. This framework of “four Cs” operates within a vertically coordinated system by deploying diverse strategies and measures to regulate terrorism-related acts according to their level of severity and risk. While crackdown and criminalization serve mainly as reactive responses to terrorist violence through repression and retribution, control and cooperation are largely used as pre-emptive instruments to prevent substantial terrorist acts through incapacitation and community policing.

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Deporting Dreamers as a Crime Against Humanity

William Thomas Worster | 33 Emory Int'l L. Rev. 367 (2019)

Much has been written about the “DREAMers” (Dreamers) and their moral claim to a right to remain in the United States and the legal mechanisms by which such a moral right might be realized. What has not been explored is whether their removal from the United States might implicate international law, and, specifically, whether it would constitute a crime against humanity. On its face, it seems to be an outrageous claim: that deporting non-citizens from a state would be a criminal act. International law protects a State’s ability to remove unlawfully present aliens. This is not in debate. The argument is, however, far narrower. Specifically, the forcible, arbitrary deportation of Dreamers with an intent to permanently remove them from their residence, which is protected under international law, would be criminal.

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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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