Emory International Law Review

EILR Recent DevelopmentsVolume 32
Fall Essays

Is the Law of Treaties an Obstacle or a Conduit for the Reform of Investor-State Dispute Settlement?

Brian McGarry & Josef Ostřanský | 32 Emory Int'l L. Rev. 1001 (2017)

As governments begin to propose and adopt dramatic reforms to investment treaties, it is important that these governments bear in mind the fundamental common element of these treaties—that as agreements between states, they are each governed by the same body of rules as all other treaties. Over time, these treaties began to incorporate investor-state arbitration provisions, which have increasingly received criticism for allowing multinational corporations to sue governments outside of the national judicial system. As a result, there have been calls to amend the most prevalent multilateral investor-state dispute settlement treaty—the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). In doing so, an amendment establishing an appellate mechanism would further the ICSID Convention’s aim of establishing a neutral international dispute settlement mechanism, abiding by the 1969 Vienna Convention on the Law of Treaties.

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From Playground to Prison: A Comparison of the United States' and India's Transfer Policies

Alixandria Davis | 32 Emory Int'l L. Rev. 1015 (2017)

While juvenile courts purportedly reduce crime and hold youth accountable for wrongdoing, transfer laws that try, convict, and sentence children as adults are increasingly employed in the United States. Research shows that transfer provisions are not suitable solutions to juvenile crimes. As media coverage of horrific juvenile crimes in India brought the juvenile justice system into the spotlight, India has responded by following the United States’ example and adopting its own transfer provisions. Flaws in India’s justice system—particularly delay of justice, lack of coordination, and lack of resources—exacerbate the negative effects these transfer provisions have on rehabilitation and overall public safety. As a result, India should be wary of following the United States’ lead and should instead focus on what is best for juvenile defendants.

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Advancing Digitization in Intellectual Property: How the E-Sign Act is Failing

Nicholas Marais | 32 Emory Int'l L. Rev. 1027 (2017)

As the use of technology is increasingly utilized in the digitization of commerce, business transactions involving electronic signatures are increasingly employed. This rapid growth led the European Union to enact a new electronic signature regulation (eIDAS) in 2016, creating an infrastructure for electronic signatures that facilitates e-commerce. Because standards in the United States, based on the E-Sign Act of 2000, are outdated and inefficient, it is imperative that the United States takes an affirmative step to increase the efficiency of international e-commerce. By using the European model to add clarification to its existing regulations, the United States can streamline the uniform signature standard for patent assignments in a way that allows business and agencies to increase efficiency in the workplace.

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