Emory International Law Review

EILR Recent DevelopmentsVolume 29
Essays

Worldwide Accountability: The WTO’s Failure To Create an Infrastructure that Delivers Pharmaceutical Drugs to Developing Countries

Arun J. Mohan | 29 Emory Int'l L. Rev. 2001 (2015)

In response to the public outcry over the death of millions of people in developing countries because of a lack of access to life-saving drugs, the World Trade Organization (WTO) recognized the need for developing countries to obtain pharmaceutical drugs at a reduced rate. However, the WTO received significant pushback from patent holders and pharmaceutical companies who insisted that their patents be upheld in every country. The dilemma resulted in the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and the 2003 Doha Declaration. Despite these efforts, millions of people are still dying because of a lack of access to pharmaceutical drugs. Arun J. Mohan argues that the only cure for the failure of the TRIPS Agreement and subsequent WTO actions is for the international community to set up a body that oversees the distribution of drugs to developing countries only when national health emergencies occur.

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Crossing the Red Line: The Role of U.S. Intelligence Information and Evidentiary Standards in the Inspection of Syria's Chemical Weapons

Leah Paisner | 29 Emory Int'l L. Rev. 2023 (2015)

In 2002, the Director of Central Intelligence submitted an unclassified report to Congress, pursuant to § 721 of the FY 97 Intelligence Authorization Act, affirming the existence of Syria’s chemical weapons stockpile and continued pursuit of chemical weapons precursors. Other states have acknowledged that the Syrian government acquired its chemical weapons arsenal prior to the August 21, 2013 chemical attack against civilians in the Ghouta agricultural belt. However, the extent of the threat posed was unknown. Drawing on its experience in Iraq, the U.S. refused to take action until it had “clear and convincing evidence” that Syria had used chemical weapons against civilians, crossing the proverbial “red line.” In this article, Leah Paisner analyzes the role of U.S. intelligence information and evidentiary standards in determining whether the U.S. government has a reasonable basis for intervening in Syria in the event of a subsequent breach of the Chemical Weapons Convention.

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An International Human Right to Self-Sufficiency

Haley Palfreyman Jankowski | 29 Emory Int'l L. Rev. 2039 (2015)

With the recent onslaught of global natural disasters and terrorism attacks, all people should be preparing themselves. To allow for this necessary preparation, the world community should recognize an international human right of all people to live in an environment of self-sufficiency. International law scholars have recognized similar rights and have often mentioned the importance of self-sufficiency in the context of these other rights, but none have yet cited self-sufficiency as an independent right. In this article, Haley Palfreyman Jankowski argues that such a right is inherent to every individual and is a natural outgrowth of several basic recognized human rights.

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National Case Law as a Generator of International Refugee Law: Rectifying an Imbalance within UNHCR Guidelines on International Protection

Cecilia M. Bailliet | 29 Emory Int'l L. Rev. 2059 (2015)

In this article, Professor Cecilia M. Bailliet seeks to evaluate UNHCR Guidelines on International Protection in order to examine whether there are discrepancies in the citation of national case law. Part I pursues quantitative analysis of UNHCR’s references to national case law and international criminal tribunal case law in its guidelines. Part II presents an alternative view on the importance of transnational judicial dialogues within Refugee Law, juxtaposing the treatment of conscientious objectors seeking asylum in different national jurisdictions with the UNHCR guidelines on military service. Part III assesses whether the Background Papers demonstrate parallel citation lacunae or biases. Part IV calls for reform of UNHCR’s Department of International Protection in order to improve the compilation and reference to national case law by UNHCR in its soft law guidelines and policy documents, which would lead to greater transparency of UNHCR’s Refugee Status Determination system.

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The Use of International Law by the United Nations Security Council: An Empirical Framework for Analysis

Rossana Deplano | 29 Emory Int'l L. Rev. 2085 (2015)

In this article, Professor Rossana Deplano examines the strategic use of international law by the United Nations Security Council. Using an original database, which includes 611 resolutions adopted by the Security Council from 2004 to 2013, it provides a systematic analysis of Security Council’s behavioral patterns that may help determine significant selection preferences in the exercise of its powers under the United Nations Charter. The analysis shows that while reference to positive international law in the text of resolutions contributes to shaping the politics of the Security Council, current Security Council practice has little or no influence over the development of international law.

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Save the Children: The Eighth Circuit Correctly Applies the Grave Risk Defense in Acosta v. Acosta

Liz LaFoe | 29 Emory Int'l L. Rev. 2113 (2015)

The Hague Convention on the Civil Aspects of International Child Abduction was enacted for the protection of children as well as the deterrence of international forum shopping in custody disputes. If returning children to their home nation would pose a grave risk to their safety, it is acceptable for them to remain with the abducting parent until courts make an official custody determination. A circuit split currently exists on the affirmative defense of grave risk of harm. Some courts end their analysis once a grave risk of harm is proven. Others, such as the Eighth Circuit in Acosta v. Acosta, take the further step of assessing whether the home nation would take measures to protect the children if they were returned. In this casenote, Liz Lafoe provides an analysis of this split through an examination of Acosta.

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