Emory International Law Review

EILR Recent DevelopmentsVolume 31
Winter Essays

The Looming Demise of the ICC's Complementarity Principle: Israel, U.S. Interests, and the Court's Future

Adam Oler | 31 Emory Int'l L. Rev. 1001 (2017)

The reported detention of a retired Israeli Defense Forces (IDF) officer by British authorities in late 2015 should reignite concerns among senior officials in Washington and elsewhere about the role of the International Criminal Court (ICC). The issue for U.S. and other policy makers is whether to denounce detention incidents like the one in Britain and insist that the ICC respect the foundational limits on its jurisdiction. At a minimum, the U.S. President should call on the ICC Chief Prosecutor to repudiate efforts to haul IDF veterans into the Court's chambers, and terminate her preliminary enquiry into IDF conduct during the Gaza War. Doing so would not only be in the interests of the United States and its allies, but in the interest of the ICC as well.

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Seize the Sea: The Territorial Conflict Between the United States and China Over Military Operations in the South China Sea

Julie Franki | 31 Emory Int'l L. Rev. 1021 (2017)

The United Nations Convention on the Law of the Sea (UNCLOS) has left a battle of interpretation that the United States and China have been clashing over for decades. Both countries cite support from UNCLOS, which highlights the need for clarification of which position should be accepted in international law. China supports its contention that its construction of the islands does not violate international law--and therefore does not constitute an impediment to freedom of navigation--with its "nine-dash line." This Essay ultimately argues that the United States' interpretation and application of UNCLOS is more meritorious than that of China; however, more explicit provisions in UNCLOS concerning the authorization of military operations in a foreign country's Exclusive Economic Zone and around artificial islands would provide a more robust legal framework to resolve this international dispute.

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Spring Essays

How May the United States Leverage Its FATCA IGA Bilateral Process To Incentivize Good Tax Administrations Among the World of Black Hat and Grey Hat Governments?: A Carrot & Stick Policy Proposal

William Byrnes | 31 Emory Int'l L. Rev. 1033 (2017)

Professor Byrnes offers a preliminary narrative to examine the serious challenge of Control Firsters’ vision that every jurisdiction should have complete information on all transactions by any taxpayer. A question that Control Firsters must address is whether it is prudent for taxpayers to trust the governments of the 117 countries that scored a fifty or below on Transparency International’s corruption index. Quite possibly, the complete information system invoked by Control Firsters encourages, even prolongs, the bad behavior by providing fuel (financial information) to feed the fire of corruption and suppression of rivals. In light of this, Professor Byrnes recommends that the United States leverage a “carrot-stick” policy tool to incentivize bad actors to adopt best tax administration practices by offering reciprocal automatic exchange of information via the Foreign Account Tax Compliance Act (FATCA) Competent Authority Agreements.

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Brexit and International Law: Disentangling Legal Orders

Jed Odermatt | 31 Emory Int'l L. Rev. 1051 (2017)

One noticeable aspect of the public debate since the Brexit referendum is how frequently parties have framed their arguments in legal terms. The UK Government, EU officials, leaders of EU Member States, as well as the media and academics often discuss Brexit in terms of what is legally permissible. These legal debates have focused for the most part on questions arising under either UK constitutional law or under EU law. What has been missing from this debate, however, are the possible questions that might arise under international law. For decades, the EU has been active on the international plane, entering into agreements in fields such as trade, fisheries, and so on. As the UK seeks to disentangle itself from these complex legal relationships, international law plays a role at each level. This short contribution explores some of the ways in which international law issues arise through the Brexit process.

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President Trump and the Future of Multilateralism

Kristen Boon | 31 Emory Int'l L. Rev. 1075 (2017)

President Trump’s plans indicate that furthering global governance institutions is not a goal for his administration. From plans to dramatically reduce funding for multilateral institutions, to draft executive orders signaling the potential withdrawal from various international treaties, to the decision to bomb a Syrian airstrip without Security Council authorization (or the support of a coalition of other states), President Trump has demonstrated a disinterest in the institutions and instruments that normally act as a forum for international cooperation. Recent developments suggest the current international legal system may soon be “subjected to a kind of stress test,” which will clarify what is and what is not resilient about contemporary international law and its institutions. In this Essay, Professor Boon offers some opinions about the effect of these changes on the U.N. Security Council, the United Nations generally, and the potential role of customary international law going forward.

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Sticker Shock: Standards and Disputes of GMO Food Labeling

David A. Hutchison | 31 Emory Int'l L. Rev. 1083 (2017)

The debate regarding the potential of genetically modified organisms (GMOs) and their application to genetically engineered foods has gone on for decades. As more consumer products that are the complete or partial result of GMO processes are introduced into markets, the controversy over GMO foods will continue to intensify. One of the primary areas of contention has been legislating how, if at all, to label these foods. This Essay will focus on some of the legal aspects of the debate that stem from the scientific concerns about GMOs and how these concerns affect the regulation of labeling such GMO products by the United States and the European Union.

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