Emory International Law Review

EILR Recent DevelopmentsVolume 34

Review Essay: The EU in Transition and Its Ramifications for Bosnia and Herzegovina

Philip C. Aka | 34 Emory Int'l L. Rev. 2001 (2019)

On June 23, 2016, British citizens voted in a non-binding referendum to leave the European Union (EU). The withdrawal, ever since adorned with the coinage “Brexit,” was a decision their leaders chose to enforce. In addition to being non-binding, the vote was close; it did not resemble the supermajority often associated with referendums. In the case of Scotland, for example, not one Scottish local government area voted to leave the EU, though Moray came close with 49.9% of the area voting for Brexit. Although Scotland as a whole rejected the referendum by 62%, the country represents only 8.4% of the United Kingdom’s (UK) population. As a result, its vote to stay in the EU, along with that of Northern Ireland (which accounts for 2.9% of the UK’s population), was heavily outweighed by the “Leave” votes of much-larger units England and Wales.

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Coming Out & Catching Up: An International Review of Workplace Protections for the Lesbian, Gay, and Bisexual Communities

Clinton Ford | 34 Emory Int'l L. Rev. 2011 (2020)

The United States (U.S.) has codified protections against discrimination within the Fifth and Fourteenth Amendments. But, as history has proven, this is not enough. In the U.S., employment-related discrimination is one of the most commonly reported forms of discrimination across all ethnic groups. As a result, in recent years, minority groups have faced real consequences. This trend in the workplace extends across many countries. This Comment provides a comparative analysis of federal workplace discrimination protections for LGBT individuals across nations similar to the U.S. The focus will be on the U.S., the United Kingdom (U.K.), and Canada—all English-speaking, common law countries with historical ties to Great Britain. Learning from this comparison, this Comment argues that the U.S. should adopt protections by judicial interpretations of existing statutes (“litigation prong”) and further by legislative ratification (“legislative prong”).

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A Legal Pluralist Approach to Migration Control: Norm Compliance in a Globalized World

Jenny Poon | 34 Emory Int'l L. Rev. 2037 (2020)

This Article proposes a new approach to international cooperation on migration control. More specifically, it proposes a legal pluralist understanding of refugee law, which would explain and capture the relations and interactions between different legal orders and legal regimes. This Article suggests that State and non-State entities maintain an ongoing dialectical exchange that helps to further legitimize and incentivize compliance as well as encourage more dialogue on the compliance of legal norms.

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