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The Editorial Board and Staff of the University of Baltimore Journal Of EIC COMMENT.DOCX (DO NOT DELETE) 3/21/16 6:39 PM\ Dear Readers: The Editorial Board and Staff of the University of Baltimore Journal of International Law have worked diligently to ensure Vol- ume 4 provides our readers with pieces that are both interesting and insightful. This is the first of two publications by this Editorial Board and staff. This issue features articles by leading scholars from around the world as well as a Comment and two Emerging Issues by members of our Journal. This issue begins with an article by Dr. Mohamed Abdelaal, SJD, Holding the Executive Accountable in Egypt Impeachment: A Losing Case. In this article Dr. Abdelaal examines the impeachment mechanism in Egypt after the 2011 Revolution and the 2013 events and the removal of Presidents Hosni Mubarak and Mohamed Morsi. Following this article is a case study done by Irene Broekhuijse LLM, PhD and Nanneke Quik-Schuijt, LLM. In their piece, A Case Study: Law and Emotions Within the Kingdom of the Netherlands, the au- thors analyze the dispute settlement procedure between the Kingdom government and the local government and propose an alternative ap- proach. Our last article, Potential Impacts on Individuals Caused by the Invasion of NGOs into International Politics, authors Zhao Li and Haibin Qi evaluate the role Non-Governmental Organizations play in international cooperation and globalization. Our Student Comment in this issue is from University of Balti- more School of Law J.D. Candidate, Suzanne De Deyne. Ms. De Deyne’s comment, TTIP: A Free Trade Agreement That Strengthens the International Trade Environment and Enhances the Regulatory Powers of the WTO, discusses the relationship between the Transat- lantic Trade Investment Partnership and the World Trade Organiza- tion. Our Emerging Issues are from University of Baltimore School of Law J.D. Candidates Ruby Devine and Aviana Cooper. Ms. Devine’s piece focuses on the Greek debt crisis, while Ms. Cooper’s editorial reviews China’s occupation of the South China Sea. Finally, I would like to thank the Editorial Board and Staff of the Journal for their significant contributions to this issue. I would also like to take this opportunity to thank Professor Mortimer Sellers, fac- ulty adviser to the Journal, for his direction, mentorship, and assis- tance throughout the school year. In addition, I must thank the Pro- EIC COMMENT.DOCX (DO NOT DELETE) 3/21/16 6:39 PM fessors and staff of the University of Baltimore School of Law Inter- national Department and the Center for International and Compara- tive Law for their guidance and insight. Also, on behalf of the the Journal, I would like to thank Dean Ronald Weich, the administra- tion, and the Professors and Staff for their continuing support of our Journal. Finally, thank you, the reader, for your support and we hope you enjoy this issue. It is with great pleasure we present the first issue of Volume 4 of The University of Baltimore Journal of International Law. Sincerely, Christopher P. Stock Editor-in-Chief University of Baltimore Journal of International Law Volume IV EDITORIAL BOARD.DOCX (DO NOT DELETE) 3/21/16 6:38 PM\ JOURNAL OF INTERNATIONAL LAW MASTHEAD 2015-2016 EDITORIAL BOARD Editor in Chief Christopher Stock Managing Editor Suzanne De Deyne Production Editor Julia Brent Articles Editor Kaitlin Evans Publication Editor Katherine Adams Submissions Editor Kathryn McNally Comments Editor Ali Rickart Emerging Issues Editor Laurie Culkin Acquisitions & Technology Editor Alex Adler ASSOCIATE EDITORS Kimberly Frazier Erin Maze Tim Jarman Carisa Hatfield Jenny Melendez Victoria Narducci STAFF EDITORS Alison Aminzadeh Ruby Devine Kymberleigh Albites Raiven Taylor Iram Ashraf Margery Beltran Paul Bianchi Catherine Stitely Sarah Trego Aviana Cooper Robert Steininger FACULTY ADVISOR Professor Mortimer Sellers TABLE OF CONTENTS.DOCX (DO NOT DELETE) 3/21/16 6:39 PM\ TABLE OF CONTENTS ARTICLES Holding the Executive Accountable in Egypt, Impeachment: A Losing Case......................................................................................................1 Dr. Mohamed Abdelaal A Case Study: Law and Emotions Within the Kingdom of the Netherlands........................................................................................55 Nanneke Quik-Schuijt & Irene Broekhuijse Potential Impacts on Individuals Caused by the Invasion into International Politics.........................................................................81 Zhao Li & Haibin Qi STUDENT COMMENT TTIP: A Free Trade Agreement That Strengthens the International Trade Environment and Enhances the Regulatory Powers of the WTO.................................................................................................131 Suzanne De Deyne EMERGING ISSUES Is a Grexit- A Greek Exit from the Eurozone- the Solution?...........157 Ruby Devine South China Sea Takeover: Destroying Fisheries and Creating Economic Dead-lands for Surrounding Coastal States...................165 Aviana Cooper 1 HOLDING THE EXECUTIVE ACCOUNTABLE.DOCX (DO NOT DELETE) 3/21/16 6:36 PM\ HOLDING THE EXECUTIVE ACCOUNTABLE IN EGYPT IMPEACHMENT: A LOSING CASE Dr. Mohamed Abdelaal ABSTRACT: This paper examines the impeachment mechanism in Egypt after the 2011 Revolution and the 2013 events and the removal of Presidents Hosni Mubarak and Mohamed Morsi. In doing so, the paper will provide a critical analysis to the impeachment clauses in both the 2012 and 2014 Constitutions, in an attempt to discover to what extent the pre 2011 impeachment differs from that of post 2011. Further, it addresses the issue of whether the recall election could make a good alternative to impeachment in Egypt. Specifically, we will briefly shed light on the history of the recall device as well as its emergence as one feature of direct democracy. Our focus will then shift to discussing the possibility of adopting the recall device in Egypt and the challenges that might face such adoption. Eventually, we will propose a recall provision that could replace impeachment in Egypt’s current constitution. AUTHOR: Dr. Mohamed Abdelaal, SJD, is an Assistant Professor of Law at Alexandria University School of Law in Alexandria, Egypt, and an Adjunct Professor of Law at Indiana University Robert H. McKinney School of Law, Indianapolis, IN. He is admitted to the bar in Egypt and is a member of the Egyptian American Rule of Law As- sociation (EARLA) in Washington, D.C. 1 1 HOLDING THE EXECUTIVE ACCOUNTABLE.DOCX (DO NOT DELETE) 3/21/16 6:36 PM 2015-2016 UB Journal of International Law TABLE OF CONTENTS Introduction ......................................................................................... 3 The Constitution of 2012 ..................................................................... 4 A. Background ........................................................................... 4 B. Impeachment in the 2012 Constitution ............................... 14 The Constitution of 2014 ................................................................... 22 A. Background ......................................................................... 22 B. Impeachment in the 2014 Constitution ............................... 28 Practicing Impeachment: The Case of President Morsi .................... 35 The Recall Election as an Alternative ............................................... 43 The Case of Egypt ............................................................................. 49 Conclusion ......................................................................................... 53 2 1 HOLDING THE EXECUTIVE ACCOUNTABLE.DOCX (DO NOT DELETE) 3/21/16 6:36 PM Holding the Executive Accountable Vol. IV, No. I Introduction With a long constitutional history dating back to 1882 when it was an Ottoman province, Egypt is considered to be the oldest consti- tutional state in the Arab world.1 Under the monarchy system, Egypt had two constitutions, 1923 and 1930, neither of which installed Egypt as a constitutional monarchy.2 In other words, in the Egyptian Kingdom the king was not a symbolic figurehead, but rather a strong political actor who ruled the state and was heavily involved in its ad- ministration.3 However, he was immune from accountability.4 After the abolition of the monarchy and the declaration of the re- public in 1952, Egypt underwent the drafting and application of six constitutions—1956, 1958, 1964, 1971, 2012, and 2014—in which the president and his cabinet were recognized as active participants in the day-to-day administration of the state under a semi-presidential system of governance.5 However, the many presidential powers en- visioned in these constitutions, as well as practiced under most of them, revealed the president to be the sole executive, aided by only a symbolic involvement of the cabinet.6 Most of the constitutions adopted in the Egyptian Republic were guided by the themes of democracy, human dignity, and political ac- countability, as they were the outcome either of bitter battles against colonial powers (the 1954 and 1956 Constitutions),7 or the overthrow of authoritarian regimes (the 1971 and 2012 Constitutions).8 Howev- er, these constitutions manifest a remarkable ability to yield excep- tions regarding political accountability.9 For the purposes of this article, I will examine the issue of politi- cal accountability from the perspective of presidential impeachment 1. Egyptian Constitutions, MIDAN MASR, http://www.midanmasr.com/en/default.aspx?PageID=15 (last visited Oct. 9, 2015). 2. Id. 3. Id. 4. Id. 5. Sujit Choudhry & Richard Stacey,
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