Digital Commons Network^™

Sdilj V. 26-2 Masthead

San Diego International Law Journal

No abstract provided.

Rethinking Attribution Standards For State Responsibility Concerning Mass Atrocities, Juan Pablo Perez-Leon-Acevedo

San Diego International Law Journal

Attribution of mass atrocities to states remains a central and contested issue in international law, particularly when such acts are carried out by non-state actors or through proxy forces. This Article analyzes how states may incur responsibility for mass atrocities by examining the legal standards developed in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) and the jurisprudence of the International Court of Justice (I.C.J.). Special attention is given to developments following the adoption of ARSIWA, including the evolving relationship between Russia and the Wagner Group, to assess how legal principles apply in modern conflict settings. …

Besieging International Law? The Gaza Conflict And The Future Of Siege Warfare, Avraham Russell Shalev

San Diego International Law Journal

The legal boundaries of siege warfare are under renewed scrutiny following Israel’s siege of Gaza after the October 7, 2023 Hamas attacks. This analysis explores the intersection of military necessity and humanitarian obligations, assessing whether Israel’s tactics conform to established international law or signal a shift toward stricter legal interpretations. Key legal frameworks—including the Geneva Conventions, Hague Regulations, and customary international law—are examined alongside debates on civilian protection, humanitarian aid access, and the prohibition of starvation as a method of warfare. A comparative evaluation of sieges in Gaza and Syria reveals inconsistencies in how international humanitarian law is applied, raising …

Labor Rights Under The Usmca: Progress, Shortcomings, And The Road Ahead, Ruby Carlon

San Diego International Law Journal

The United States-Mexico-Canada Agreement (USMCA) introduced the Rapid Response Labor Mechanism (RRLM) to strengthen labor rights enforcement in North American trade. While the mechanism marks a significant departure from NAFTA’s weaker labor provisions, its implementation has revealed systemic shortcomings. The RRLM relies on voluntary compliance, lacks binding remediation requirements, and has an underutilized panel review process, limiting its effectiveness. Economic asymmetry between the United States and Mexico further complicates enforcement, as Mexico bears a disproportionate burden despite having fewer resources to uphold labor standards. Additionally, corporate accountability remains elusive, with companies facing no direct obligations to integrate USMCA labor commitments …

Breaking The Vial: Leveraging North American Regulatory Models And Market Practices To Reform Insulin Pricing In The United States, Chloe Mietzel

San Diego International Law Journal

The high cost of insulin in the United States is driven by restrictive patent protections, trade secret barriers, regulatory inefficiencies, and anticompetitive practices that limit biosimilar competition. While Canada and Mexico have adopted policies that facilitate market entry and government price negotiations, the United States remains constrained by a regulatory framework that prioritizes exclusivity over affordability. Incremental reforms—such as limiting patent extensions, expediting biosimilar approval, increasing pricing transparency, and strengthening antitrust enforcement —could significantly lower costs and expand access. Previous legislative efforts, including the Inflation Reduction Act, have taken steps toward reform, but broader regulatory restructuring is necessary to ensure …

Ai Regulation Across Borders: Legal Challenges And Prospects For International Cooperation, Alex Whaples

San Diego International Law Journal

The rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing …

V. 16, 2025 Masthead

San Diego Journal of Climate & Energy Law

No abstract provided.

Electricity Affordability In Context, Troy A. Rule

San Diego Journal of Climate & Energy Law

Recent residential electricity price increases in California have caused some to suggest the state is experiencing an electricity affordability crisis. Although the typical household in California and across the country spends less than three percent of its income on electricity, California’s soaring electricity rates can impose substantial burdens on some of the state’s lowest-income households. Why have retail electricity prices rapidly risen in California over the past decade while remaining relatively stable in others? What are the potential downsides of overly fixating on electricity affordability concerns in the context of energy policymaking? And what principles should guide policymakers in California …

Navigating Utility Liability In A Changing Climate: A Comparative Analysis Of State Utility Failures And Legal Reforms In Response To The Maui Wildfires, Danielle S. Comstock

San Diego Journal of Climate & Energy Law

This Comment will analyze the history of utility liability in climate-related disasters and examine instances where utility companies caused and mitigated damages. Drawing lessons from other states, it proposes several key solutions: clarifying legal standards for utility liability, enhancing regulatory frameworks, and leveraging federal support to drive proactive measures. This Comment aims to provide a comprehensive framework for improving utility preparedness and resilience in the face of climate-related disasters by examining how these solutions could have altered past outcomes and addressing the obstacles to their implementation.

Playing With Fire: California Homeowners Risk High Insurance Costs Or Losing Homes To Climate Change Disasters, Emily Serleth

San Diego Journal of Climate & Energy Law

California should continue to further the policy of protecting generational homeowners’ right to their property. To do this, insurance rates should be set in a way that avoids unfair premium increases that violate Proposition 103 and unfairly burden consumers. Utilizing CAT models will increase the cost of home insurance premiums due to overestimations of risk, enable bias on the part of insurance companies, and promote a lack of public scrutiny for insurance rates. This creates a confiscatory rate, which violates Proposition 103 and the California Constitution.

Generational homeowners should not be forced to adopt the FAIR plan just to maintain …

Beneath The Surface: Unearthing Legal, Cultural, And Environmental Challenges To Resource Extraction On Indigenous Land, Danara Greer

San Diego Journal of Climate & Energy Law

Much of the world’s natural capital lies on or beneath lands occupied by Indigenous peoples. Since the advent of colonialism, Indigenous communities have tirelessly safeguarded their land from encroachment by extractive industries. The contemporary consequences of resource extraction on Indigenous lands include environmental degradation and cultural heritage destruction. Rather than providing a legal pathway to self-determination, the United States Supreme Court has eroded tribal sovereignty and undermined the trust relationship between tribes and the federal government. American Indians and Alaska Natives are prohibited from tapping into their resource wealth by an intricate bureaucratic framework that dictates how resources may—and may …

Tribal Justice As A Means Of Resolving Disputes On Shariá Grounds In Palestine

UAEU Law Journal

Abstract

Tribal justice is a mechanism of dispute resolution outside ordinary courts in different disciplines. Shari’a law, norms and customs are the main sources of tribal justice in Palestine. Therefore, the characteristics of the Palestinian society (religious, patriarchal, and community-oriented), constitute a favorable atmosphere for tribal justice to flourish. Consequently, tribal justice focuses on achieving reconciled justice, social security, victim compensation, offender rehabilitation, and deterrence.

The relationship between the tribal and formal justice systems in Palestine is dual. The formal justice system typically seeks tribal intervention in serious crimes, such as murder and rape, to prevent revenge and help de-escalate …

الإنهاء الضمني للعقد الإداري في قضاء مجلس الدولة الفرنسي

UAEU Law Journal

Abstract

As the French Council of State is an inexhaustible source for establishing the principles and rules of administrative law, making its rulings and decisions foundational references in the study of this field, this study examines a recent position adopted by the Council, through which it established a new legal rule regarding the unilateral termination of an administrative contract. Accordingly, this kind of termination is not necessarily taken by explicit administrative decision, rather it can be inferred from approach of the administration, circumstances of its approach and the expiration of the specified execution deadlines stipulated in the contract, especially during …

المواجهة الجنائية للتحايل على عنوان بروتوكول الإنترنت في القانونين الإماراتي والليبي

UAEU Law Journal

Abstract

In the virtual world, criminals often attept to conceal their crimes and prevent detection by criminal justice agencies. They use many means and techniques for this purpose, and perhaps the most remarkable one is to circumvent the Internet Protocol (IP) address with the intent of committing a crime and obtaining its proceeds without being identified and held accountable by the criminal justice system.

There is no doubt that spoofing the IP address poses a significant problems to criminal justice agencies in their mission to investigat crimes and identify perpetrators.

The importance of this study lies in the necessity of …

الإطار القانوني لمختبرات التقنية المالية – فنتك - دراسة مقارنة

UAEU Law Journal

Abstract

The significant and unprecedented advancements in the FinTech sector have posed several legislative and regulatory challenges to the regulating bodies in overseeing this emerging and unique industry. Balancing the promotion of innovation and creativity on one hand while safeguarding consumers on the other hand, have often been conflicting objectives that legislators and regulatory bodies strive to achieve. To address this, many countries around the world have recently adopted organized regulations for the FinTech sector.

This research aims to introduce the Arab reader and researcher to the financial technology - FinTech - sector, which has become a component of the …

رقابة المحكمة الدستورية العليا الفلسطينية على الأنظمة - دراسة مقارنة

UAEU Law Journal

Abstract

This study aims to identify the role of the Palestinian Supreme Constitutional Court in overseeing the constitutionality of regulations, in accordance with the provisions of the amended Basic Law of 2003, which established it as a guardian of its provisions. The court enjoys several powers, including the observance of the constitutionality of laws and regulations, and it falls outside the hierarchical structure of the regular courts. Despite the issuance of the Court Law No. (3) of 2006, its work was not activated until 2016, and that was done under Presidential Decree No. (57) of 2016, which appointed its members. …

نظام الرجوع عن القرارات والأحكام القضائية في دولة الإمارات العربية المتحدة

UAEU Law Journal

Abstract

The legislator in the United Arab Emirates has approved ways to appeal against judicial decisions and rulings, among them some are ordinary ways of appeal, which are represented by the way of appeal in the UAE civil judiciary, through which the principle of two-tier litigation is realized, and some are unusual ways of appeal represented in the petition for reconsideration and cassation. And, by Federal Decree-Law No. 15 of 2021, a system was created for reversing civil judicial decisions and judgments.

The UAE legislator, in the text of Article 187 bis, under which the system of reversal is introduced, …

آثار نزع الملكية للمنفعة العامة على حقّ الملكية الخاصة في النظام السعودي

UAEU Law Journal

Abstract

The decisions of private property expropriation for the public interest, issued by administrative authorities, are among the most important practical applications, that clarify the nature of the relationship between administrative authorities and individuals, as the principle of public benefit is used as a justification for the expropriation of private property against the will of the individual. The aim of this study is to investigate the legality of decisions to expropriate private property for the public interest. Such decisions are closely related to a basic human right (the right of ownership), which necessitates examining the meaning of public interest, and …

مستقبل التدخل القضائي في مرحلة التنفيذ العقابي: رؤية جديدة في ضوء نصوص الدستور المصري الصادر سنة 2014م (دراسة تحليلية استشرافية)

UAEU Law Journal

Abstract

The shift toward reformative goal of punishment has played a prominent role in expanding the circle of judicial intervention during the enforcement phase, to insure that the imposed penalty fulfills its role in reforming the person subjected to it. Before the establishment of this reform objective, there was no room for talking about an influential role of the judiciary in the stage of penal enforcement. The serious discussion of this role did not begin until the reformative goal of punishment was established.

The phase of penal enforcement, was a completely forgotten stage for the Egyptian constitutional legislator, and did …

نظام الرجوع عن القرارات والأحكام الباتّة في دولة الإمارات العربية المتحدة دراسة تحليلية

UAEU Law Journal

Abstract

This study examines the conditions for accepting the retraction of irrevocable decisions and judgments issued by the Courts of Cassation in the United Arab Emirates. As a rule, Courts of Cassation represent the final stage of adjudicating a case, and their judgments are considered final, meaning they cannot be annulled, as they are deemed the embodiment of truth, whether issued correctly or erroneously. However, since judges are human and prone to error, the Emirati legislator saw fit to ease the rigidity of the principle of the finality of judgments and to prioritize justice. Thus, a reversal system was introduced …

حدود سلطة رئيس الجمهورية في تعديل الدستور في ظل الدستور السوري لعام 2012م

UAEU Law Journal

Abstract

The Syrian constitution of 2012, like many contemporary constitutions, grants the head of state significant powers in the process of constitutional amendment. In this research, we have attempted to present a viewpoint that explains and demonstrates the limits of the President of the Republic’s authority and the role he can play within the framework of constitutional amendment process, whether in terms of the powers he holds under article 150 of the Constitution which governs the procedures, or in terms of the absolute powers he possesses, under his exceptional and referendum-based authority pursuant to Articles 114 and 116 of the …

Folder 36, Frierson Newspaper Clippings, 1920, 1946, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 37, Hodges Memorial Correspondence, 1937, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 38, Hodges Memorial Correspondence, March 4, 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 39, Hodges Memorial Correspondence, March 5-7, 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 40, Hodges Memorial Correspondence, March 8, 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 41, Hodges Memorial Correspondence, March 9, 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 42, Hodges Memorial Correspondence, March 11-31, 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 43, Hodges Memorial Correspondence, April 1938, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.

Folder 44, Hodges Memorial Correspondence, May 10, 1938, A-L, James Nelson Frierson

Frierson, James Nelson (1920-1946)

No abstract provided.