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Articles 1 - 19 of 19
Full-Text Articles in Law
Foreword, Leslie A. Robinson
Foreword, Leslie A. Robinson
San Diego International Law Journal
The articles appearing in Volume 7 of San Diego International Law Journal span the globe and cover the breadth of international law. The concept of globalization offers a prism through which to view the articles in this issue. The first three articles are focused on Africa. Nsongurua Udombana eloquently addresses the need for both debt relief and the full integration of Africa into the global trading system. Karol Boudreaux analyzes the conflict over land rights in Nigeria's Plateau State under the Land Use Act of 1978, which nationalized all land in Nigeria. Edward Fluet discusses the impact of the trade …
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana
San Diego International Law Journal
This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux
San Diego International Law Journal
This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora
San Diego International Law Journal
While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet
San Diego International Law Journal
This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
San Diego International Law Journal
In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas
San Diego International Law Journal
In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach
San Diego International Law Journal
MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …
Foreword, Amit S. Parekh
Foreword, Amit S. Parekh
San Diego International Law Journal
In preparation for the turn of the century five years ago, the U.N. presented a comprehensive outlook of its mission in the Millennium Report (Report) entitled: "We the Peoples: The Role of the U.N. in the 21st Century." The Report Called on Member States to Commit themselves to certain goals of the U.N. Included in the Report's proposals was the view that "globalization is a powerful force offering both opportunities and challenges for nations and people, and must be made to work for all people.
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
Countering Terrorism: From Wigged Judges To Helmeted Soldiers - Legal Perspectives On America's Counter-Terrorism Responses, Jackson Nyamuya Maogoto
San Diego International Law Journal
This Article aims to evaluate the international legal perspectives attendant to U.S. counter-terrorism measures and policy and the attendant strictures an implications. Part II commences by grappling with the uneasy relationship that legal and political complexities have foisted on the UN's ability to address terrorism and the difficult issue of the definition of terrorism. Within the context of this part, the Article also addresses the two dominant counter-terrorism paradigms-law enforcement and conflict management. Part III oves on to evaluate the law enforcement paradigm which treats terrorism as a crime engaging domestic law enforcement. This part offers a discussion of the …
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
The European Neighborhood Policy And Its Impact On The Israel - European Union - United States Triangle, Guy Harpaz
San Diego International Law Journal
This Article is not intended to deal with the feasibility of successfully implementing the [European Neighbourhood Policy] ENP, nor does it address its normative aspects from the European perspective. Instead, this article assumes that the parties will successfully implement the ENP, and on the basis of that assumption, attempts to provide a first, critical and interdisciplinary examination of the potentially significant impact of the ENP on the legal, economic, social, and trade landscape of the State of Israel, her citizens, economy, and on her relations with the EU and the United States.
"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan
San Diego International Law Journal
With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
Securing A Journalist's Testimonial Privilege In The International Criminal Court, Anastasia Heeger
San Diego International Law Journal
This Article argues that given the unique and significant contribution of journalists to uncovering and documenting war crimes, the ICC should amend its evidentiary rules to recognize a qualified journalist's privilege. In doing so, the ICC should clearly identify who may benefit from such a privilege, clarify a procedure for balancing the need of reportorial testimony against prosecution and defense interests, and, lastly provide for mandatory consultations between the court and affected news organizations or journalists before allowing the issuance of a subpoena. Such clarity will benefit not only journalists working in war zones and the ICC, but will provide …
China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy
China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy
San Diego International Law Journal
[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
The Prohibition Of Widespread Rape As A Jus Cogens, Dean Adams
San Diego International Law Journal
This Comment explains why the prohibition of widespread rape should be recognized as a jus cogens through analyses of the failure of existing international legal instruments, advances within international law towards the universal prohibition of widespread rape, and policy reasons for classifying widespread rape as a jus cogens. In doing so, this comment will demonstrate the particular timeliness of this topic by reviewing the use of widespread rape in several countries through the 1990s, the widespread rape presently occurring in Kenya, and the emerging reports from Iraq of rape committed at the hands of the Saddam Hussein regime. Finally, this …
Sand Mining In Baja And Alta California, Harold Magistrale
Sand Mining In Baja And Alta California, Harold Magistrale
San Diego International Law Journal
This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.
Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith
Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith
San Diego International Law Journal
This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …
An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan
An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan
San Diego International Law Journal
The year 1994 saw the conclusion of a very important trilateral trade and investment treaty in North America: the North American Free Trade Agreement. Since then, this agreement has had a tremendous impact on the trading relations among the three signatory states-the United States, Canada, and Mexico. Of particular significance is Chapter 11, the Investment Chapter. One of the main objectives of Chapter 11 is to provide an effective means for the resolution of disputes between a foreign investor and the host government. To this end, it provides a mechanism whereby private parties can initiate arbitration proceedings against the host …