Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate change (3)
- United Nations (3)
- Human rights (2)
- Statelessness (2)
- AI regulation (1)
-
- Artificial intelligence (AI) (1)
- Australian High Court (1)
- Bangladesh (1)
- Biodefense strategy (1)
- Biological diversity (1)
- COVID-19 (1)
- Chile (1)
- Citizenship (1)
- Civil Code of 1928 (1)
- Climate mitigation (1)
- Climate offenders (1)
- Collective action problem (1)
- Colombia (1)
- Consumer protection (1)
- Continental states (1)
- Cooperative federalism (1)
- Damage (1)
- Data privacy (1)
- Disaster response (1)
- Distribution (1)
- Extreme weather events (1)
- Fairness (1)
- Financial sanctions (1)
- Food and Drug Administration (FDA) (1)
- Gender (1)
- Publication
- Publication Type
Articles 1 - 20 of 20
Full-Text Articles in Law
He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak
He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak
Emory International Law Review
Most jurisdictions have adopted changes in legislation within the past fifty years that reflect the evolution and advancement of women’s legal rights. Somalia, however, has not undergone a significant change in its legal regime since the 1960s. Somalia’s penal code and criminal procedure code are based on laws that were written in the late 1800s to early 1900s. When it comes to rape, judges harbor the beliefs that women must “put up a fight” against their assailants and doubt the inherent trustworthiness of women. These prevailing gender myths prevent women from accessing justice and infringe on their rights to equality …
The Mexican Civil Code Of 1928 And The Social Function Of Property In Mexico And Latin America, M.C. Mirow
The Mexican Civil Code Of 1928 And The Social Function Of Property In Mexico And Latin America, M.C. Mirow
Emory International Law Review
No abstract provided.
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher
Emory International Law Review
No abstract provided.
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang
Emory International Law Review
No abstract provided.
Smart Regulation: Lessons From The Artificial Intelligence Act, John Hillman
Smart Regulation: Lessons From The Artificial Intelligence Act, John Hillman
Emory International Law Review
The European Union (EU) has recently announced that it will consider a proposal to systematically regulate artificial intelligence (AI) systems. This regulation will add to the legacy of other data regulation acts adopted in the EU and move the EU closer to a comprehensive framework through which it can address rapidly evolving technologies like AI. The United States has yet to implement data regulation or AI regulation legislation at the federal level. This inaction by the United States could negatively impact global cooperation with the EU and China and innovation within the United States. The United States is currently the …
The Rights Of Stateless Children Born From Cross-Border Reproductive Care, Carson Cook
The Rights Of Stateless Children Born From Cross-Border Reproductive Care, Carson Cook
Emory International Law Review
No abstract provided.
Climate Security Insights From The Covid-19 Response, Mark P. Nevitt
Climate Security Insights From The Covid-19 Response, Mark P. Nevitt
Faculty Articles
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Emory International Law Review Recent Developments
No abstract provided.
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
Emory International Law Review
The Urdu-speaking community in Bangladesh, commonly known as the “Biharis” or “Stranded Pakistanis,” has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces widespread discrimination, primarily because of the Bangladeshi bureaucracy’s systemic neglect and the community’s former refugee and stateless status. This study examines to what extent Urdu-speakers are now able to enjoy full citizenship rights. It also assesses the government of Bangladesh’s existing policies and the relationship between citizenship and the law, comprising of both …
A Scientific Method For International Taxation?, Luiza Leite De Queiroz
A Scientific Method For International Taxation?, Luiza Leite De Queiroz
Emory International Law Review Recent Developments
Fractioning and fairly distributing parts of a whole is never quite straightforward. Whether we speak of justly portioning and dividing scrambled eggs between siblings or jurisdictional claims over the ocean space between nations, reckoning with the dilemmas of sharing is an integral part of the human experience. Acknowledging that, this essay contends that contemporary discussions on fairness in international taxation ought to be situated within this broader context. It is centrally argued that justly allocating taxing entitlements over cross-border wealth is a task contingent on the same subjective predicaments seen in the division process of any given valuable whole. The …
The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence, Samuel I. Horowitz
The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence, Samuel I. Horowitz
Emory International Law Review Recent Developments
No abstract provided.
Sustainable Development Goals, Between Politics And Soft Law: The Emergence Of “Political Normativity” In International Law, Ilias Bantekas, Katerina Akestoridi
Sustainable Development Goals, Between Politics And Soft Law: The Emergence Of “Political Normativity” In International Law, Ilias Bantekas, Katerina Akestoridi
Emory International Law Review
International lawyers tend to draw sharp distinctions between law and politics. Yet, despite the Sustainable Development Goals (SDGs) and its predecessors being a product of politics, the commitments undertaken therefrom suggest a new brand of politics where functionality overrides the search for normative characteristics. The political dimension of the SDGs overshadows its legal dimension because the implementation of the key stakeholders’ political commitments is crucial in achieving the SDGs’ stated aims. As international law and international relations are moving towards universal common interests and away from strict international normativity, the SDGs can best be described as a hybrid between soft …
Crossing The Abyss: A Comparative Analysis Of The Enforceability Of Preliminary Agreements, Marta Infantino, Larry A. Dimatteo, Jingen Wang, Eleni Zervogianni
Crossing The Abyss: A Comparative Analysis Of The Enforceability Of Preliminary Agreements, Marta Infantino, Larry A. Dimatteo, Jingen Wang, Eleni Zervogianni
Emory International Law Review
A major unresolved issue in international business transactions relates to the enforceability of preliminary agreements. Preliminary agreements cover a long list of instruments commonly used in most sectors of the economy. The common presumption is that these agreements are not enforceable. The correct answer is much more nuanced. For example, a preliminary agreement may be held to be unenforceable but at the same time be the basis for legal liability. There are strong differences between the civil and common laws on the issues of good faith negotiations and the enforceability of preliminary agreements, but there is also sustained uncertainty within …
Lessons From United States Supreme Court Jurisprudence For Resolving Australian Interstate Groundwater Disputes, Jack Dewinter
Lessons From United States Supreme Court Jurisprudence For Resolving Australian Interstate Groundwater Disputes, Jack Dewinter
Emory International Law Review
No abstract provided.
Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.
Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.
Center for the Study of Law and Religion Books
“Table talks” have long been a familiar genre of writing for jurists, theologians, politicians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …
Climate Change And The Specter Of Statelessness, Mark P. Nevitt
Climate Change And The Specter Of Statelessness, Mark P. Nevitt
Faculty Articles
What happens when climate change extinguishes entire nations? Neither international nor environmental law has provided a satisfactory answer to this weighty question. Climate change-induced flooding, storm surge, and sea level rise threaten the territorial integrity and habitability of several small island developing states, raising the specter of statelessness. We know that climate catastrophe is coming, but we have failed to take the necessary steps to safeguard several developing nations. This Article argues that innovative legal and policy solutions are needed today to prevent nation extinction tomorrow. I focus on two potential international governance solutions: the U.N. Framework Convention on Climate …
Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku
Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku
Emory International Law Review
In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …
Are The Spratly Islands An Outlying Archipelago Of China? Politico-Legal Implication Of Proclaiming The Spratly Islands As A China’S Outlying Archipelago That International Lawyers Should Know, Youngmin Seo
Emory International Law Review
The issue of the outlying archipelago of continental states under the UNCLOS system has become a serious point of contention among international lawyers. This article shows what rules international lawyers in states possessing outlying archipelagos may have found for their outlying archipelagos, thereby assessing the Chinese claims to the Spratly Islands as an outlying archipelago. This article also explores how a future Chinese proclamation of special baselines for the Spratly Islands as an outlying archipelago negatively influences the development of the South China Sea dispute, harming Chinese national interests as opposed to conventional wisdom in China.
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Emory International Law Review
No abstract provided.
Laicite Or Laicita: The Regulation Of Religious Symbols In French And Italian Public Schools, Aubrie Kent
Laicite Or Laicita: The Regulation Of Religious Symbols In French And Italian Public Schools, Aubrie Kent
Emory Law Journal
Both France and Italy regulate the presence of religious symbols in public classrooms with the aim of transmitting national values and culture to students and promoting state unity. As more students of non-Christian backgrounds immigrate to France and Italy from outside Europe, the debate around religion in public schools has intensified, especially concerning Muslim students. France enforces a strictly neutral secular space by requiring the removal of any religious symbols, including head coverings like hijabs and yarmulkas. Italy mandated the display of the crucifix in every public school classroom until 2021, when the option was introduced to remove it. A …