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Articles 1 - 8 of 8
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Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
San Diego International Law Journal
This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …
Legal Responses To The European Union’S Migration Crisis, Graham Butler
Legal Responses To The European Union’S Migration Crisis, Graham Butler
San Diego International Law Journal
The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. …
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
The Prosecution Of Pirates And The Enforcement Of Counter-Piracy Laws Are Virtually Incapacitated By Law Itself, Waseem Ahmad Qureshi
San Diego International Law Journal
The legal framework to fight and suppress piracy is embodied largely in the United Nations Convention on the Law of Sea (“UNCLOS”), 1982, which is supplemented by United Nations Security Council Resolutions, and international conventions and treaties. This Article aims to critique the existing legal framework against piracy and challenge its efficacy in successfully curbing and eradicating piracy around the world throughout history. Unlike the extensive literature on legal studies of piracy, this Article recognizes piracy as a global menace, rather than observing it through the lens of regional differences. Consequently, this Article seeks to identify creeks and holes within …
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
San Diego International Law Journal
The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler
San Diego International Law Journal
This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
San Diego International Law Journal
This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
San Diego International Law Journal
This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …