Emory International Law Review

Volume 34Issue 4
David J. Bederman Lecture

International Law and Prospects for Justice

The Honorable Rosalie Silberman Abella | 34 Emory Int'l L. Rev. 937 (2020)

The annual David J. Bederman Lecture honors the memory of Professor David Bederman and celebrates his extraordinary accomplishments in scholarship, teaching and advocacy. The Emory International Law Review continues the tradition of publishing the lecture in Issue 4. On Monday, October 28, 2019, Emory Law’s Center for International and Comparative Law presented the annual David J. Bederman Lecture. The lecture was given by The Honorable Rosalie Silberman Abella. Justice Abella was appointed to the Supreme Court of Canada in 2004. She is the first Jewish woman and first refugee appointed to the Court, having come to Canada with her family in 1950. She was first appointed to the bench at age 29, the youngest person appointed to the judiciary in Canada. She has written over 90 articles and written or co-edited four books.

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Article

Cross-Fertilization of Westphalian Approaches to International Law: Third World Studies and a New Era of International Law Scholarship

Fozia Nazir Lone | 34 Emory Int'l L. Rev. 955 (2020)

This Article explores the possibility of creating new legal paradigms in the changing global context and looks at what it means for Chinese and Indian leaders and scholars to have a Third World Approaches to International Law attitude. In this process, emphasis is placed on the importance of scholars adopting a multidisciplinary approach to fully understand international law in general, as well as to appreciate new Asian paradigms.

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Comments

An Exception to Jesner: Preventing U.S. Corporations and Their Subsidiaries from Avoiding Liability for Harms Caused Abroad

Luke D. Anderson | 34 Emory Int'l L. Rev. 997 (2020)

After the Supreme Court’s rulings in Jesner and Kiobel, the Alien Tort Statute includes a “presumption against extraterritorial application,” and no suits may be brought against foreign corporate defendants. These barriers limit the ability of victims of human rights violations to find justice. The courts or Congress should create an exception to the Alien Tort Statute for foreign corporate subsidiaries of domestic corporations. This exception will help improve American soft power and will hold human rights violators liable for their crimes. This Comment examines the policies of countries like France, England, Canada, and the Netherlands. The exception proposed by this Comment differs from the policies in these countries because it only asks the U.S. to create an exception for foreign corporations owned by American companies. The U.S. should not protect its corporations and grant them immunity when their subsidiaries engage in egregious human rights violations.

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Jinping and the Beanstalk: The Tale of Feuding International Giants and How the Planting of Agricultural Tariffs Cultivated a Trade War

Amy Jicha | 34 Emory Int'l L. Rev. 1033 (2020)

The 2018 Trade War between the United States and China debilitated the world economy. In particular, the Trade War crippled the agricultural industry and resulted in irreversible agricultural waste. Both countries should consult the World Trade Organization (WTO) and use the WTO’s dispute resolution process to end the Trade War. In turn, the WTO would likely address the wrongs committed by both countries, the U.S.’s national security defense, China’s usurpation of WTO regulations, and China’s unusual economic structure.

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A Vision for Future Mobility: Hyperloop One and the Submerged Floating Tunnel from Estonia and Finland

Seongbae Park | 34 Emory Int'l L. Rev. 1067 (2020)

This Comment proceeds in three parts. Part I discusses the three types of forms available for the construction of underwater sea tunnel in Estonia and Finland in detail and explains that Hyperloop One is seeking to utilize the submerged floating tunnel form. Part II explores the existing international conventions, treaties, and regulations related with the Sea that are both compatible and incompatible with Hyperloop One Technology. Part III then argues that the construction of submerged floating tunnel as is, without engineering solutions, is not permitted as it potentially violates existing international legislation and that because of the violation, the interpretation of the existing law should be expanded to include the submerged floating tunnel.

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