Emory International Law Review

Volume 32Issue 4
Article

Failed Boundaries: The Near-Perfect Correlation between State-To-State WTO Claims and Private Party Investment Rights

Ari Afilalo | 32 Emory Int'l L. Rev. 467 (2018)

The World Trade Organization governs international trade filings, acting at the request of contracting parties to issue rulings that invalidate national laws that violate the General Agreement on Tariffs and Trade. These controversies include plainly protectionist measures as well as other domestic laws that violate international economic law. Investment law, by contrast, is the domain of arbitral tribunals and features cases brought by private parties instead of states. While these two systems—the state-to-state WTO structure and the investor-to-state investment framework—are typically assessed differently, this empirical study concludes that private parties use investment treaties to litigate many causes of action related to trade and obtain damages for violations of trade laws. Through this analysis, these cases show a strong overlap between the trade and investment frameworks. As a result, these findings demonstrate that states with policies inconsistent with their obligations under the GATT expose themselves to possible investment arbitration claims.

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Comments

Economy versus Care: China’s Economic Ambitions and a Conundrum in Alternative Care

Nicholas E. Basil | 32 Emory Int'l L. Rev. 523 (2018)

This Comment serves as a theoretical analysis of how China’s transition to a market economy that necessitates the state taking a lesser economic role, along with China’s continued integration with the international community and the community’s impositions, are continuing to shape the future of its orphan and foster care population today. Moreover, it specifically analyzes how the most recent foster care regulations promulgated by the Ministry of Civil Affairs—the Measures for the Administration of Family Foster Care—fit into the unique history of orphan and foster care and the modern Chinese nuclear family. The Comment ultimately proposes that China, as a unique, sovereign entity, is in the best position to understand its own situation and resolve it without outside influence.

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Myanmar’s Democratic Transition: Opportunity for Transitional Justice to Address the Persecution of the Rohingya

Shatti Hoque | 32 Emory Int'l L. Rev. 551 (2018)

The Rohingya are a stateless Muslim ethnic group residing in western Myanmar that periodically faces state violence and human rights abuses—including the continuous deprivation of citizenship. Myanmar’s political shift from its military regime to a new democratic government can allow for substantial progress towards a solution to the Rohingya’s violent persecution and statelessness. While the conferral of citizenship upon the Rohingya is often advocated as a solution, this Comment argues that it is not a realistic proximate aim. The grant of citizenship alone will not end the rampant racist and Islamophobic views that are often the motivation and justification for the treatment of the Rohingya. This Comment proposes that Myanmar’s democratic transition provides an opportunity for the implementation of transitional justice mechanisms—namely, a truth commission and institutional reform—to address such attitudes as well as the human rights violations the Rohingya have suffered and continue to suffer.

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Separating Controversy and Climate Change: How the Unites States Could Lead Climate Change and Energy Reform with the Growth of Renewable Energy Sources Globally

Tiffany Weatherholtz | 32 Emory Int'l L. Rev. 581 (2018)

Despite scientific consensus that climate change occurs and that the United States is a top emitter contributing to its effects, climate change remains a political debate in the United States. Because of the urgency in reducing the contribution to climate change and the continued interest in innovation for renewable energy sources by some states, this Comment proposes that those states should commit to an interstate agreement after analyzing the interstate organizations currently in place and each state’s capacity for renewable energy. The United States should then use the interstate agreement to determine the United States’ capacity to enter enforceable, binding treaties, allowing for less controversy around climate change domestically and better international relations from commitment to international climate change and renewable energy initiatives. Lastly, this Comment contains an analysis on potentially implicated laws and necessary consent under this proposal and describes remaining challenges.

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