International Law Commons^™

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh

San Diego International Law Journal

This Article will begin by discussing the circumstances under which a foreign person will be deemed to be engaged in a trade or business in the United States and by examining a proposal that would introduce a great level of certainty for tax planners and the IRS. The principal focus of the Article, however, will be on the circumstances under which the United States should impose U.S. income tax on the income of a foreign person from a business conducted, not directly in the United States, but through an agent acting on behalf of the foreign person. The treatment of …

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander

San Diego International Law Journal

This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).

Parties In Israel: Between Law And Politics, Ariel L. Bendor

San Diego International Law Journal

The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness

San Diego International Law Journal

This Comment explores the provisions of the Rome Convention and the advantages contracting parties can benefit from through knowledge of such provisions. The main focus of this Comment is English conflict of laws rules related to contractual obligations that are governed by the Rome Convention. England and its laws on international contracts have been chosen as the appropriate subject of this Comment for the following reasons. First, because international conventions and treaties do not apply to all countries but only to those who ratify them, it is easier to see how the rules of such conventions are applied by a …

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 …

Foreign Investment In Mexico's Real Estate: An Introduction To Legal Aspects Of Real Estate Transactions, Manuel Pasero, Hector Torres

San Diego Law Review

During the past ten years, and since the deregulation in most sectors of the Mexican economy, real estate investments increased considerably. Possibly, one of the reasons why people's interest has turned to Mexico is the thousands of miles along the border and seashores that still have not been developed. Whatever the interest of a foreign individual or corporation might be, Mexico is now offering a variety of investment opportunities in the real estate field. Touristry, recreational, industrial, commercial, and even residential purposes are attracting foreign investment in the Mexican real estate market, representing a substantial

portion of the foreign capital …

Harmonizing The Mexican Tax System With The Goals Of The North American Free Trade Agreement (Nafta), Mauricio Monroy

San Diego Law Review

Prior to the North American Free Trade Agreement (NAFTA), the international tax provisions of the Mexican tax system were in harmony with the then protectionist environment of Mexican trade. The system was characterized by high withholding taxes on the repatriation of profits (i.e., payments from Mexico to parties abroad), frequently at 21 to 35 percent, and high duties on the importation of goods. It was not abnormal to find duties of 100% ad valorem.

The Helms-Burton Act: Is The U.S. Shooting Itself In The Foot?

San Diego Law Review

The United States' tool of choice to further its foreign policy goals appears to be economic sanctions. Since 1993, the United States has increasingly applied economic sanctions to further its foreign trade policy. Specifically, more than one-half of the sanctions imposed in the past eighty years have been imposed in only the past four years. The frequent use of economic sanctions has angered and discouraged our allies while significantly weakening the United States' national interests. With so many countries under sanctions, the efficacy of using economic sanctions to promote the United States' foreign policy has been called into question. Suffering …

Amalgam In The Americas: A Law School Curriculum For Free Markets And Open Borders, Mark A. Drumbl

San Diego Law Review

This Article addresses this lacuna by investigating ways in which the American and Canadian common law curriculum could become more responsive to the changing realities of legal practice under NAFTA.

Potentially the following modifications could be introduced on a gradual basis: 1. Introduction of a course to familiarize common law lawyers with the method, principles and practice of civil law, with a directed focus on Mexico; 2. Initiation of a broader NAFTA curriculum, potentially leading to a certificate or designation; and 3. Development of a new law degree, universally recognized in all three NAFTA jurisdictions as a prerequisite to bar …

The Economic Impact Of International Trade On San Diego And The Application Of The United Nations Convention On The International Sales Of Goods To San Diego/Tijuana Commercial Transactions, Ernesto Grijalva, Alexander Imberg

San Diego Law Review

Opponents of the North American Free Trade Agreement ("NAFTA"), were they to take a look, would find the current performance of San Diego's economy antithetical to their economic theories, San Diego is conspicuously lacking the net job loss that free trade opponents were forecasting as the inevitable result of NAFTA. In his book, Save Your Job, Save Our Country: Why NAFTA Must Be Stopped – Now!, Ross Perot, the most prolific NAFTA basher, proclaimed that the economic strength of our entire nation would be jeopardized by NAFTA.' Four and one-half years later, we find that the United States is enjoying …