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Full-Text Articles in Law

He Said, She Said: Assessing The Post-Colonial Legacy On Somalia’S Rape Laws, Natalia W. Nyczak Jan 2023

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 Jan 2023

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.


Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura Jan 2023

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.


The Influencers And The Influenced: Effects Of Social Media Influencers On Enforcement Of Trademark Law In The U.S. And Europe, Abigail Dagher Jan 2023

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 Jan 2023

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 Jan 2023

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 Jan 2023

The Rights Of Stateless Children Born From Cross-Border Reproductive Care, Carson Cook

Emory International Law Review

No abstract provided.


Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku Jan 2023

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 Jan 2023

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.


The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim Jan 2023

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 …


Sustainable Development Goals, Between Politics And Soft Law: The Emergence Of “Political Normativity” In International Law, Ilias Bantekas, Katerina Akestoridi Jan 2023

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 Jan 2023

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 Jan 2023

Lessons From United States Supreme Court Jurisprudence For Resolving Australian Interstate Groundwater Disputes, Jack Dewinter

Emory International Law Review

No abstract provided.