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Automation And The International Human Right To Work, Martin Kwan
Automation And The International Human Right To Work, Martin Kwan
Emory International Law Review Recent Developments
Automation continues to result in significant structural changes to the nature of work as computers, robots, or Artificial Intelligence (AI) are performing an increasing number of jobs. These technologies have elevated the possibilities for human prosperity and innovation, but job loss, privacy infringements, and the increasing agency of robotic systems are all acknowledged risks. These concerns are not new. In 1948, when delegates from 48 countries came together to sign the Universal Declaration of Human Rights (UDHR), they sought to capture in words what a “good human life” meant, which included the "right to work." Human rights instruments, like the …
Cross-Border E-Discovery: Production Of Esi From Chinese Entities, Julie Sher
Cross-Border E-Discovery: Production Of Esi From Chinese Entities, Julie Sher
Emory International Law Review Recent Developments
This Essay proposes a new approach to E-Discovery disputes in U.S.-China litigation. More specifically, it proposes a guide on best steps to take to resolve E-Discovery disputes in U.S. courts involving Chinese entities in general and Chinese banking and financial entities in particular. This Essay asserts that U.S. litigants should be required to attempt exchange of documents via the Hague Evidence Convention first. Additionally, the Aerospatiale Test should be expanded to include the Restatement Third International Comity Balancing Test. Using these steps and sources of law, U.S. courts will be able to resolve these discovery disputes much more efficiently and …
Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity, Madeline Young
Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity, Madeline Young
Emory International Law Review Recent Developments
The LaFarge case highlights two key issues: accountability of multinational actors operating in conflict areas for contributing financially to the commission of atrocities by terrorist groups or other entities; and the responsibility of parent companies for the illegal activities of their subsidiaries abroad. At present, the criminal case against LaFarge for complicity in crimes against humanity and other violations is before the French Supreme Court, with hearings continuing through 2021. In 2017, France introduced the first “duty of vigilance” law in Europe, which obligates companies to prevent human rights abuses in their supply chains worldwide, and requires them to pay …
Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias
Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias
Emory International Law Review Recent Developments
Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …
Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment, Matin Pedram
Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment, Matin Pedram
Emory International Law Review Recent Developments
Our lives on the planet constitute a bigger image defining the relationship with the environment. Hence, it is worth talking about the common good of people worldwide. In this sense, we envisage a borderless good or better to say a shared good that is the environment, and individuals’ activities can be interpreted by their impacts on it. Environmental protection is a hot topic and states have put their efforts to minimize humans’ footprints by introducing regulations and measures because lack of comprehensive measures leads to regulative imbalances among communities. Less-developed communities (LDCs) intend to attract multinational corporations to invest in …