Emory International Law Review

Volume 34Issue 3
Articles

Towards Transformative Solidarity: Reflections from Amnesty International’s Global Transition Programme

Sarah Jackson | 34 Emory Int'l L. Rev. 705 (2020)

This Article looks at how this process metamorphosed Amnesty’s model of international solidarity. It looks at what it would take for Amnesty’s solidarity—and by extension that of other historically Northern-based international human rights groups—to become even more transformative. It is unique in two ways. First, it develops a new concept of the solidarity spectrum building on the emerging concept of transformative solidarity. This can be used to map collaborations between partners with different kinds of power—not only within the human rights movement, but also more broadly in civic, political and social organizing. Second, it is the first external study on the GTP from an Amnesty International Secretariat employee.

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The Human Right to Education: Definition, Research and Annotated Bibliography

Jootaek Lee | 34 Emory Int'l L. Rev. 757 (2020)

The role and function of education cannot be emphasized enough. Education enhances and develops human abilities, consciousness, identity, integrity, potential, and even power. However, no literature or other instrument comprehensively and consistently defines education. This inconsistent approach to the human right to education is more harmful than beneficial. Considering a wide variety of international instruments and literature, this Article will seek to provide a comprehensive and consistent definition of the human right to education. This Article will also provide an annotated bibliography of various sources which can facilitate the research of scholars and practitioners in this field. A list of primary source instruments, including domestic laws of selective countries, is also introduced.

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Comments

Pregnancy, Femicide, and the Indispensability of Legalizing Abortion: A Comparison Between Argentina and Ireland

Agustina M. Buedo | 34 Emory Int'l L. Rev. 825 (2020)

On August 9, 2018, after 16 hours of deliberation, Argentina’s senate narrowly rejected the “Interrupción Voluntaria del Embarazo” bill that would have allowed women the right to terminate their pregnancy during the first 14 weeks. Argentine law currently considers abortion a crime with the exception of two narrowly defined circumstances that are rarely applied. The legalization of abortion is vitally important to the women in Argentina who face an increased risk of femicide. Femicide rates in Latin America are among the highest in the world. Femicide can be linked specifically to pregnant women who could not get an abortion and continued facing violence from the man involved in the pregnancy, which ultimately then resulted in their death. This Comment proposes that the legalization of abortion could potentially reduce the rates of femicide of pregnant women and can definitely reduce the amount of violence against women.

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Can We Learn to Incentivize Morality?: A Discussion of Biotechnology on an International Level

Shannon M. Patrick | 34 Emory Int'l L. Rev. 859 (2020)

This Comment argues that if a group of people, or the international community as a whole, should at any point wish to prevent the ownership of morally controversial biotechnology, then the international community should take steps towards international uniformity. Uniformity in these decisions would arguably need to include uniformity on subject matter eligibility decisions across countries.

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Wrongful Convictions: Not Just an American Phenomenon?: An Investigation Into the Causes of Wrongful Convictions in the United States, Germany, Italy, and Japan

Erin Schapiro | 34 Emory Int'l L. Rev. 897 (2020)

This Comment first examines the U.S. adversarial system and the causes of wrongful convictions in the U.S. adversarial system. This Comment then examines the German inquisitorial system and potential causes of wrongful convictions in the German inquisitorial system. Then, the Italian hybrid system and the potential causes of wrongful convictions in the Italian system. Finally, this Comment then examines the Japanese hybrid Saiban-in system and the potential cause of wrongful convictions in the Japanese system. This Comment proposes that, to prevent wrongful convictions, criminal justice reform must be undertaken to incorporate the positive aspects of the United States, German, Italian, and Japanese systems, while limiting and recognizing the systemic problems that produce wrongful convictions.

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