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University of Miami Inter-American Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …

The Flourishing Race: How The Success Of American Indian Artist-Entrepreneurs Underscores The Need For Enhanced Legal Protections For Native Intellectual Property, Jessica Roberts

American Indian Law Journal

No abstract provided.

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …

V.21-1 2019 Masthead

San Diego International Law Journal

No abstract provided.

Is The Law Of War Changing In The Twenty-First Century?, Waseem Ahmad Qureshi

San Diego International Law Journal

The main purpose of drafting the law of war was to maintain peace and security around the world. That is why the current legal framework prohibits the use of force, except in accordance with the right to self-defence or with United Nations Security Council (UNSC) authorization. Yet, this century has been in a perpetual state of war. In the past, there have been certain deviations from this proscription on the use of force through the introduction of notions like ‘pre-emptive self-defence’ and the ‘responsibility to protect’ (R2P), according to which states could use unilateral force against other states without UNSC …

The Efficacy, Limitations, And Continued Need For Authorizations For Use Of Military Force, Waseem Ahmad Qureshi

San Diego International Law Journal

In the fight against ISIS, the U.S. has conducted airstrikes, deployed forces, supported rebellions, trained nonstate actors, and used military funds in Iraq and Syria. This fight has raised questions regarding the validity of U.S. authority to use force against ISIS. Imperialists, comprising the U.S. president and a few congressmen, seek to fight ISIS and believe that the authority to use force against ISIS comes from the independent presidential executive powers and Authorizations for Use of Military Force (AUMFs) in 2001 and 2002. Contrary to their legal conviction and justifications, imperialists are seeking a new AUMF from Congress to be …

Living Links Connecting The United Nations Sustainable Development Goals: Small-Scale Farmers And Agricultural Biodiversity, Susan H. Bragdon

San Diego International Law Journal

The 17 Sustainable Development Goals (SDGs) and Agenda 2030 adopted by the global community in September 2015 are applicable to all countries with the commitment “that no one is left behind.” As an agenda for “people, planet, prosperity, peace and partnership”, Agenda 2030 provides a vision for people and planet-centered, human rights-based, and gender-sensitive sustainable development. It promises “more peaceful and inclusive societies” which are free from fear and violence.

Small scale farmers and agricultural biodiversity are critical to the achievement of aspects of most of the SDGs. In addition to being essential for the resilience and stability of agricultural …

Fcpa Actions In China And China’S Anti-Bribery Law, Yu Chen

San Diego International Law Journal

In recent decades, the United States Department of Justice (DOJ) has greatly improved its enforcement of the U.S. Foreign Corrupt Practices Act (FCPA). Some of these FCPA enforcement cases involve China. Given China’s prominence as a center of global business, this trend is likely to increase in the foreseeable future.

Section I of this Article briefly reviews the provisions of the FCPA, and recent FCPA enforcement in China. Section II discusses China’s anti- bribery law regime, anti-bribery provisions and agencies enforcing bribery and corruption. Section III focuses on an analysis of FCPA cases involving China, in addition to describing the …

Roman Law And Global Constitutionalism, Rafael Domingo

San Diego International Law Journal

The parallel between contemporary issues and Roman history often fascinates and illuminates. In this Article, I argue how Roman law can serve today as an inspiration toward global constitutionalism given it was one of the several sources of inspiration for the American founders. Looking to Roman law helps reduce certain prejudices derived from the current privileging of the sovereign state and the positivist paradigm as the only genuine and possible models for international law. These prejudices constitute an actual hindrance to the right development of global constitutionalism. Global constitutionalism inherently moves beyond sovereignty, nationalism, and positivism. Roman law enables constitutionalists …

Fourth- And Fifth-Generation Warfare: Technology And Perceptions, Waseem Ahmad Qureshi

San Diego International Law Journal

The composition of warfare is changing. There is an increasing transformation in the traditional aspects of waging a war: conventional techniques of warfare are in decline and newer tactics and tools of warfare, such as information warfare, asymmetric warfare, media propaganda, and hybrid warfare, are filling the gap, blurring the lines between combatant and noncombatant, and between wartime and peacetime. The basic framework of modern warfare was elaborated by Carl von Clausewitz in his magnus opus On War. He defined modern warfare between states as “a duel on larger scale,” and explained its purpose as “a continuation of politics by …

Adapting The Iss Code Of Conduct To Form The Foundation Of Astrolaw, Michelle L.D. Hanlon

San Diego International Law Journal

Three decades ago, Dr. J. Henry Glazer, onetime Chief Counsel for NASA Ames, proposed the establishment of a body of astrolaw. “The direct subjects of Space Law are sovereign nations” he observed. The four widely ratified space treaties contain principles and guidelines designed to govern the activities of State. Conversely, the direct subjects of astrolaw would be natural and legal persons in space. In Dr. Glazer’s view, “astrolaw focuses not upon space as a legal regime, but upon space as a place.” Our evolution into a spacefaring species, with single and then multiple human communities off-Earth, is a human necessity. …

U.S. Tax Policy In Light Of Globalization And Growing Inequality, Alanna D'Alessandro

San Diego International Law Journal

The Tax Cuts and Jobs Act significantly reformed the system of taxation in the United States by enacting permanent and temporary provisions to the Internal Revenue Code. These provisions encompass changes affecting U.S. individuals and entities, both domestically and internationally. Claiming that the change would “pay for itself,” the Tax Cuts and Jobs Act intends to stimulate the economy. The large tax cuts may have created short-term economic growth; however predictions suggest that in the long-run, the increased spending and the decline in tax revenue will significantly raise the U.S. budget deficit.

Regardless of Congressional intent, the Tax Cuts and …

Pay Her More! How Sex And Motherhood Play A Role In The Unequal Pay Of Women On The World Stage, Raquel S. Zilbeman

San Diego International Law Journal

“[O]vert pay discrimination between women and men” is what typically comes to mind when one thinks about the gender wage gap. While women often ask for “equal pay for equal work,” gender discrimination is only responsible for a small amount of the pay gap. “The gender wage gap is also about choice and opportunity. . . . [It is] rooted in [global] social norms about women[,] family [and motherhood which constantly change and evolve—making it] much harder to solve.” It is grounded in the way our society has evolved over the last one hundred and fifty years, during which more …

The Regulatory Trajectory Of Synthetic Securitization: A Breakdown Of International Regulatory Environments, Nicolas M. Dillavou

San Diego International Law Journal

The harmful effects on global financial stability that accompanied the 2007-2008 financial crisis (the “crisis”) were largely intensified by loose regulatory practices in the United States’ (U.S.) secondary mortgage market. Accordingly, the harm suffered on a global level warrants a comparative perspective on international securities regulation. This Article will examine several securitization methods in Europe and the U.S. and derive prospective solutions from these existing approaches that have the potential to address undue risks associated with asset-backed securities today.

This Article will initially discuss the history and causes of the subprime mortgage crisis and then discuss the particular difficulties with …

Don’T Google It: The European Union’S Antitrust Parade (“Enforcement”) Against America’S Tech Giants, Mariah Witt

San Diego International Law Journal

This Article details several case studies, each exemplifying the EU’s pro- competition practices versus the American monopoly-like corporations of Google, Microsoft, and Amazon. The EU claims that each of these companies have abused their dominant position in their respective markets. Many companies (including those not listed in this comment) that have faced the EU’s antitrust wrath are merely the successful giants of their field, who should be enjoying their success, not sitting in fear of success’s implications in the global arena. This comment will conclude with a warning to future American corporations on the path to monopoly-like power and status …

Don’T Tip The Melting Pot: A Case Study Of The U.S., U.K., And Denmark’S Use Of Anti-Immigration Laws To Shift Blame For Real Social And Economic Problems To Immigrants And The Economic And Legal Impacts Of Their Use, Nicole Logan

San Diego International Law Journal

This Article consists of four parts that lay the framework and analyze extreme immigration legislation and anti-immigration sentiments in the U.S., U.K., and Denmark. Part I focuses on the history of immigration and anti-immigration sentiments in the three countries. Part II discusses governing laws in the three countries that have received the most attention because of their extreme impact on immigrants. Part III analyzes these laws, focusing on their legal ramifications, discriminatory effects on immigrants, and economic harm. Finally, Part IV explains why these laws reflect an extreme approach to immigration and raise serious legal questions if they are not …

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

A Critical Reassessment Of The Role Of Neutrality In International Taxation, David Elkins

Northwestern Journal of International Law & Business

Neutrality plays a central role in the literature on international taxation. In its most prevalent form, the concept of neutrality posits that in order to maximize aggregate global welfare, capital needs to flow to where it would produce the highest pretax return. The thesis of this Article is that neutrality is ordinarily inapplicable in the field of international taxation.

When considering neutrality in the international arena, the problem that one encounters is that the term “international taxation” is commonly used to describe a number of very different types of tax regimes (what the Article refers to as “intranational taxation,” “supranational …

The United States, The International Criminal Court, And The Situation In Afghanistan, Sara L. Ochs

Notre Dame Law Review Reflection

The United States has always had a very complicated and tense relationship with the International Criminal Court (ICC) and with international criminal law generally. Yet, under the Trump administration, the U.S.–ICC relationship has deteriorated to an unprecedented level. Within the last few years, the U.S. government has launched a full-scale attack on the ICC—denouncing its legitimacy, authority, and achievements, blocking investigations, and loudly withdrawing all once-existing support for the court.

These hostilities bubbled over following the November 2017 request by the ICC Chief Prosecutor, Fatou Bensouda, for the court to open an investigation into alleged war crimes and crimes against …

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …

Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …

The G5 Sahel: An Insufficient Organization For A Failed Region?, Beder Dine El Khou

Graduate Program in International Studies Theses & Dissertations

In the wake of mass kidnapping and terrorist attacks launched by Boko Haram and other extremist groups in the Sahel of West Africa, along with the rise of the Islamic State in Libya that started to have immediate impact on the Sahel’s already problematic situation, five states from the region of Sahel decided to create a coalition in 2014 not only to fight insurgencies rampaging in the area but also to work on the development of the region. With a very small capacity in terms of man power and equipment, the G5 Sahel coalition attempts to achieve what other intervening …

Asia’S Response To The Us Indo-Pacific Strategy: Building The Rcep: Legal And Political Implications, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The Trump administration declared the “Free and Open Indo-Pacific” (FOIP) strategy as the new U.S. policy on Asia in 2017. This new strategy will have far-reaching implications for U.S.-Asia relations and global governance. The FOIP is conventionally perceived to focus on security dimensions. By “free,” the United States expects all countries “to exercise their sovereignty free from coercion by other countries.”1 The qualifier, “open,” is meant to refer to regional connectivity, in particular including freedom of navigation.2 Notably, the economic dimensions of this component also envision “fair and reciprocal trade” and “transparent agreements.”

International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck

Articles in Law Reviews & Other Academic Journals

Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …

The Cold Vacuum Of Arms Control In Outer Space: Can Existing Law Make Some Anti-Satellite Weapons Illegal?, Jeffrey A. Murphy

Cleveland State Law Review

The current space law paradigm came into existence when two major national powers were vying for supremacy after a catastrophic world war. The nuclear age had dawned. The United Nations drafted and ratified the Outer Space Treaty under these conditions with limited foresight to the specific nature of future space activities. As more nations and private actors enter the space arena, the nature of the weapons used in space has changed, and the number of targets and opportunities for collateral damage has greatly increased.

This Note looks at the weapons aimed at space and the laws that try to govern …

Adverse Cyber Operations: Causality, Attribution, Evidence, And Due Diligence, Hans-Georg Dederer, Tassilo Singer

International Law Studies

Adverse cyber operations against States are on the rise, and so are the legal challenges related to such incidents under public international law. This article will not delve into already intensely debated problems of classification, such as whether adverse cyber operations constitute “armed attacks” or “use of force.” Rather, the article will focus on causality and attribution with special regard to problems of evidence. In particular, the article will elaborate on the applicable standards of proof to be met by the victim State when submitting, or having to submit, evidence to justify self-defense or countermeasures against the State of origin. …

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.

Foreword, James Holmes

New England Journal of Public Policy

The International Communities Organisation (ICO) is a self-determination research and innovation center and a not-for-profit organization based in London. Guided by its vision of self-determination and the values of development and human rights, ICO aims to empower communities. It strives to foster an environment where organizations within these communities can overcome the barriers they face, allowing them to fulfill their potential and develop and create positive change for their local communities through local action, collaboration, and decision making.

To enhance our vision and our credibility as an international organization that works for peoples, we organized the February 2019 London conference …