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International Private Rights Of Action: A Cost-Benefit Framework, Philip M. Moremen
International Private Rights Of Action: A Cost-Benefit Framework, Philip M. Moremen
San Diego International Law Journal
This Article seeks to chart a different course, by developing and applying an analytical cost-benefit framework, for assessing the costs and benefits of PRAs to enforce international law before an international forum. This framework is drawn from various literatures. For example, there is much to be learned about the potential benefits and costs of PRAs in the international setting from the rich literature comparing domestic PRAs with domestic regulation in the American context. More broadly, the article employs a comparative institutional approach, using a comparison between PRAs and regulatory enforcement mechanisms to shed light on their respective costs and benefits. …
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White
San Diego International Law Journal
Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three provisions of REAL …