Emory International Law Review

Volume 31Issue 4

No Papers? You Can’t Have Water: A Critique of Localities’ Denial of Utilities to Undocumented Immigrants

Azadeh Shahshahani & Kathryn Madison | 31 Emory Int'l L. Rev. 505 (2017)

Even in the twenty-first century, some households in the United States face the risk of going without electricity or running water in their homes because of their national origin or immigration status. The practice of denying utility services to individuals who cannot provide a social security number (SSN) violates U.S. federal law and is contrary to international human rights norms and obligations. This Article discusses options for challenging these policies under U.S. law, specifically under the Privacy Act and the Fair Housing Act (FHA). It then analyzes how such utility service denials violate international human rights treaties and norms regarding security of the person, adequate standards of living, the right to water, and the right to equal treatment. Together, these domestic and international legal authorities provide a basis for immigrants’ rights and human rights advocates to challenge these policies in court and lobby against the adoption of such policies.

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The Present, Past, and Future of Refugee Protection and Solutions: Camps, Comprehensive Plans, and Cyber-Communities

T. Alexander Aleinikoff | 31 Emory Int'l L. Rev. 539 (2017)

In his remarks at the annual Bederman lecture given at Emory Law School, Professor Aleinikoff offers comments on better ways of protecting and assisting the millions of human beings who have been forced from their homes in recent years. Professor Aleinikoff relays three sets of stories and uses them to describe the kinds of responses available to governments and the international community. He then considers how technology and civil society are changing the flight, travel, and lives of refugees. In many refugee camps and hosting states, technology is changing the delivery of assistance. Professor Aleinikoff suggests that through new technology and new media, refugees are beginning to foster new forms of community. Deterritorialized cyber-communities are political and cultural spaces, ones that offer strength and support to others in similar situations around the world, maintaining dreams of home and also fostering visions of the future.

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Do the Decision-Making Mechanisms in the EU Undermine Member States’ National Interest?: A Case Study of the Sanctions Regime

Melanie C. Papadopoulos | 31 Emory Int'l L. Rev. 553 (2017)

Following the shocking results of the Brexit referendum in June 2016 and the Greek referendum rejecting austerity measures in 2015, many believe that the EU is undergoing a legitimacy crisis. The most vocal Eurosceptics claim that the EU threatens individual Member State sovereignty, with the chief concern being that the EU’s decision-making mechanisms are leaving certain Member States overruled in major decisions. This Comment explores the decision-making mechanisms employed at the supranational level of the EU, with a particular focus on the EU’s sanctions regime, revealing the heart of the struggle between efficiency in decision-making and preservation of national sovereignty. This Comment concludes that the safeguards in place in the founding treaties are flawed, but there are solutions available to improve the decision-making process in the sanctions regime.

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Foreign Account Tax Compliance Act: What It Could Mean for the Future of Financial Privacy and International Law

John S. Wisiackas | 31 Emory Int'l L. Rev. 583 (2017)

The Foreign Account Tax Compliance Act (FATCA) is a U.S. regulation enacted for the primary purpose of combatting tax evasion and terrorism financing. FATCA attempts to achieve this objective by requiring the financial information of all individuals the Act defines as “U.S. persons” to be reported to the U.S. Internal Revenue Service. While FATCA strives to abate financial criminality, it is mired with legal issues affecting U.S. law, the laws of foreign nations, and international law as a whole. This Comment argues that FATCA needs to be challenged in domestic courts of law and on the international stage. This Comment further argues that if FATCA does not face legal opposition, or is at least not given further scrutiny, it has the potential to end financial privacy and calls into question the traditional process by which a domestic law can become international law.

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