International Law Commons^™

The Corporate-Consumer Power Dynamic Operating Behind The International Intellectual Property Regime: An Intractable Development Model With Uneven Results, Jefferson T. Stamp

San Diego International Law Journal

The corporate-consumer power dynamic operating behind the international intellectual property regime has created a development model that perpetuates the hegemonic power of corporate elites and their governmental agents at the expense of developing nations. The inequity of the regime seems to be rooted in the paradoxical delegation of exclusive intellectual property rights to private corporate interests who dispense knowledge as a global public good. However, the inequality actually begins with the inception of knowledge itself and is the consequence of natural exclusivity over one’s own thoughts and creations, including how those ideas are conveyed to the public sphere. The freedom …

Developing Judicial Dialogue Between Eu Courts: The Role Of Eu Banking Legislation, Filippo Annunziata

San Diego International Law Journal

In the EU legal system, the relationship between European and National law has always been a fruitful and challenging terrain for discussion and analysis. The expression “judicial dialogue” usually refers to different channels, both formal and informal. These channels are in place in the interchange between European Courts, including, most importantly, Constitutional Courts and the Court of Justice of the European Union. While the scholarly debate on judicial dialogue in the EU context is by now quite extensive, new, interesting strands are recently developing in the specific context of EU Banking and Financial Legislation. Going beyond technicalities of EU Banking …

These Kids Need Lawyers: Why And How The United States Must Provide The Right To Appointed Counsel For Detained Unaccompanied Children, Adrielli Ferrer

San Diego International Law Journal

Children throughout the world are fleeing home situations of violence and seeking safety in the United States. Some children begin their migration with their families, only to find that some family members do not survive the journey, while others are separated by the United States government upon arrival. Some children are so driven by fear and desperation that they flee without family at all. Alone in the United States, unaccompanied children are a hyper vulnerable population. Exacerbating matters, upon encountering law enforcement, they are locked and contained within “secure facilities,” or detention centers. What can be done to aid detained …

22-2, 2021 Masthead

San Diego International Law Journal

No abstract provided.

Modern War, Nonstate Actors And The Geneva Conventions: No Longer Fit For Purpose?, Dr. Waseem Ahmad Qureshi

San Diego International Law Journal

Many enduring armed conflicts of the last couple of decades have displaced millions of civilians, giving rise to refugee predicaments around the globe. These wars caused many civilian casualties and the destruction of civilian objects, utterly disregarding the protection offered under the Geneva Conventions. Between the rise in violence and the underlying violations of humanitarian law, the Geneva Conventions have lost their significance. Thus, it must be considered whether the Geneva Conventions matter anymore with regard to their effectiveness and efficiency. If the Geneva Conventions are still relevant, then who is responsible for violations of humanitarian law? Further, when states …

The United States Ban On Tourism To Cuba, Frank J. Vandall

San Diego International Law Journal

The purpose of this Article is to evaluate the United States ban on Americans’ touring Cuba. This Article begins with the history of the United States’ tumultuous relations with Cuba over the past 60 years, then it explores the specific language of the ban and the reasons presented for it. Additionally, the Article considers the impact of the new law on both the United States and Cuba and concludes with an argument for lifting the ban and returning to the policy of normalization that preexisted the declaration.

Protection Of Witnesses And Sensitive Information In U.K. Criminal Prosecutions, Eric Waage

San Diego International Law Journal

This Article examines the film Closed Circuit, as it portrays the legal issues surrounding a British judge’s decision to hold a hearing in camera. As in the United States, holding in camera hearings safeguards the use of witnesses and protects confidential information before it is shared with all parties to a criminal case or the jury. Closed Circuit accurately portrays some aspects of the United Kingdom’s legal standards that govern these hearings including the judicial deference to the Crown’s national security interests, the appointment of cleared special counsel to represent the accused, and the use of pseudonyms to protect …

Why Not Loan Instead Of Loot? A Preventative Proposal Regarding The Illicit Trade Of Antiquities In A World Of Terrorism, Rachel Geagea

San Diego International Law Journal

This Comment provides a comprehensive and preventative solution to the destruction of antiquities at the hands of non-state actors. The solution is a customizable loan agreement that works in tandem with existing international legislation. It can be changed to meet the needs of unique situations and can be incorporated into the existing international agreements. However, its focus is prevention, not criminal litigation. The idea is to make this agreement available to governments, museums, and private actors who wish to participate in the protection of at-risk artifacts by removing them from the areas of conflict to safe environments ideal for conservation. …

Yes, Chickens Have Feelings Too. The Recognition Of Animal Sentience Will Address Outdated Animal Protection Laws For Chickens And Other Poultry In The United States, Jessica Park

San Diego International Law Journal

The cages on the truck rattle vigorously with every bump and crevice on the road. The sun continues to blaze while a young, oversized chicken barely finds the strength to stand upright. It cannot support its own hormone-induced weight, and it is crammed against the corner after losing a battle with other chickens for more space. Over twenty-four hours have elapsed since its last meal or drink.

Chickens have adapted and grown alongside the development and industrialization of the United States, and their companionship even predates the official creation of the nation itself. The current state of animal welfare legislation …

Applying The "War On Terror" To The "War On Drugs:" The Legal Implications And Benefits Of Recategorizing Latin American Drug Cartels As Foreign Terrorist Organizations, Madison Standon

San Diego International Law Journal

This Comment analyzes, and ultimately rejects, the proposal for reclassifying Latin American Drug Cartels as Foreign Terrorist Organizations. Section I provides a brief history about the War on Drugs, the ineffectiveness of the policies implemented to combat the War on Drugs, and a brief history about the War on Terror. Section II discusses applicable international and domestic laws, including the Geneva Conventions, international human rights law, U.S. terrorism laws, U.S. drug laws, and U.S. case law. Section III considers whether Latin American Drug Cartels can be recategorized as Foreign Terrorist Organizations under current the current statutory scheme, analyzes how international …

22-1, 2020 Masthead

San Diego International Law Journal

No abstract provided.

China’S Bri In Central Eastern European Countries: “17+1” Connectivity, Divisiveness, Or Pathway To Eu-China Fta?, Ronald C. Brown

San Diego International Law Journal

China’s Belt and Road Initiative (BRI) continues to embrace and connect China with European Union (EU) Member countries; the latest in 2019 with Italy, a G-7 member, also joining. EU members participating in the BRI include Poland, Greece, Italy, Hungary, Czechoslovakia, Croatia, Bulgaria, Latvia, Portugal, Romania, and Slovakia. While Germany and France lead the EU in trade and investment with China, political winds may be blowing. The EU has noticed that the seventeen Central and Eastern European countries (CEEC) under the “17+1” format, a majority of which are EU members, are capturing greater amounts of Chinese trade under their BRI …

Re-Conceptualizing The International Human Right To Health: An Analysis Of The Trends In Developing And Developed Countries’ Responses To Substance Use Disorders, Leonard Mukosi

San Diego International Law Journal

This Article juxtaposes addiction paradigms seen in the United States of America and Zimbabwe, two countries with diametrically dissimilar political, economic, and social systems. Thus, an insight is provided by this Article into how developing and developed countries are transitioning from punitive to curative approaches in addressing the problem of drug addiction. Positing that addiction is a health condition, this Article recognizes the optimum realization of the addict’s right to health is best met if the required international standards of health are implemented nationally to insure, treat, and evaluate addiction like other chronic illnesses.

Drug addiction is a brain disease …

Refocusing The United States’ Perspective Of China And The South China Sea, Gaaret Marinelli

San Diego International Law Journal

There is a shift in world power that can be felt by world leaders and ordinary citizens alike, and its movement will realign the rest of the world. Since its rise to a great world power after World War II, the United States has maintained its position as the world’s predominant leader, both militarily and economically. However, this dominance is threatened by a formidable challenger. A rapidly ascending China is challenging the United States’ military and economic power, but the United States is not adequately positioned to meet this challenge. Some scholars theorize that China and the United States are …

Designing A Standard Assets Registration System To Reduce Corruption In Afghanistan: What Afghanistan Can Learn From Examining Model Assets Declaration Systems, Zalmay Mallyar

San Diego International Law Journal

Corruption in Afghanistan has emerged as one the greatest challenges to strengthening national and subnational governance and rebuilding a transparent and accountable system public services. One way that corrupt actors in Afghanistan have perpetuated corrupt practices is through hiding assets. Currently, Afghanistan has no specific mechanism or system for implementing or overseeing the declaration of assets—even though it has committed to creating an assets declaration criteria system as a means to fight corruption under Article 154 of the Afghan Constitution, Article 12 of the Anti-Corruption Strategy act, and various international treaties. This paper recommends that that Afghanistan seek to create …

The Costs Of Squadding Up: Determining The Employment Status Of High-Profile Esports Streamers, Chandler Martin

San Diego International Law Journal

This Comment focuses on the employment relationship of esports competitors signed to high profile teams. Specifically, players who are signed to an esports clan and stream their content live. Section II provides general background about esports, focusing on its rise and structure. This section also outlines some additional, common issues facing players. Next, it looks at South Korea’s esports industry and the steps their government has taken to protect esports players. Lastly, the section concludes with a rationale on why further analysis into the employment status of content creators signed to a clan adds to the existing literature.

Section III …

Remedies For United States-Mexico Cross-Border Incidents, Sebastian A. Navarro

San Diego International Law Journal

Countries that share borders inevitably encounter issues with each other. The United States and Mexico, however, face a uniquely complicated issue: United States federal officers standing in United States territory have shot and killed individuals standing in Mexican territory, generating much tension between the United States and Mexico. Some believe that a remedy for cross-border incidents is best addressed through litigation in United States federal courts, particularly through common law causes of action that afford monetary compensation based on claims of constitutional violations. This issue was recently addressed in part by the United States Supreme Court.

Nonetheless, there are numerous …

Alienage Jurisdiction Over Stateless Corporations: Revealing The Folly Of Matimak Trading Company V. Khalily

San Diego Law Review

The United States of America will enter the new millennium as the business leader of the world, but for how long will it be able to maintain this position? If the final years of the twentieth century are an indication of things to come, it is apparent that geographical and political borders will become even more irrelevant to the scope of business transactions. The increase in the number of offshore corporations' doing business on an international scale is evidence that the world's business leaders will readily change their locale in order to increase profits. Increasingly popular offshore jurisdictions, such as …

New Concern For Transnational Corporations: Potential Liability For Tortious Acts Committed By Foreign Partners

San Diego Law Review

This Comment addresses these broad issues in three parts. First, it discusses past initiatives by various governing bodies and private groups to handle the problem of TNCs investing in countries that commit grave human rights violations. 14 More specifically, the efforts discussed are those of the United Nations, the U.S. Congress and the President, state and city governments, and private groups. 5 Because of the U.S. government's desire to promote free trade, none of these efforts has proved effective in regulating investment activity overseas.

V. 21-2, 2020 Masthead

San Diego International Law Journal

No abstract provided.

Performing "Legality" In The Theatre Of Hostilities: Asymmetric Conflict, Lawfare And The Rise Of Vicarious Litigation, Prof. Dr. Nikolas M. Rajkovic

San Diego International Law Journal

This Article explores the extent of the change by looking at the ways in which asymmetric conflict and legalization have reshaped the theatre of hostilities and the implications for the institution of war itself. The shift from one literal battlefield to multiple and disaggregated battlespaces has led to a reconfigured theatre of hostilities, which now involves a complex mix of local and global spaces as well as kinetic and narrative forms of combat. This re-making of armed hostilities in geographical, material, and social terms has increased access to the drama, stage, and audience of military theatres. Further, the more globalized …

Restricting Your Right To Boycott: Free Speech Implications Regarding Legislation Targeting The Boycott, Divestment, And Sanctions (Bds) Movement In The United States And The European Union, Jad Essayli

San Diego International Law Journal

On December 11, 2019, President Trump signed Executive Order 13899, which directs government agencies charged with enforcing Title VI of the Civil Rights Act to adopt a distorted definition of antisemitism intended to censor advocacy for Palestinian rights. The order conflates political criticism of the state of Israel with antisemitism—the primary reason why past attempts to pass similar legislation in Congress have consistently failed. Nonetheless, this uniliteral action taken by the President to redefine antisemitism as a means to censure criticism of Israeli polices raises genuine legal concern. Particularly considering that the same year, on February 4, 2019, the United …

Sanctuary, Safe Harbor And Aylum, But Is It Available For Domestic Violence Victims? The Analysis Of Domestic Violence Asylum Seekers In The United States And Internationally, Lauren Lee

San Diego International Law Journal

This Comment aims to interpret the United States’ asylum laws that impact domestic violence victims and analyze the effect they have both domestically and globally on those victims. Additionally, this Comment will analyze and compare Sweden, Germany, and Canada’s asylum laws and policies with United States’ asylum laws and policies in order to provide a comprehensive analysis of the effects these countries’ asylum laws have on their societies. Finally, this Comment will provide judicial and legislative recommendations to replace the current United States asylum policy with one that incorporates a domestic violence victim’s right to be granted asylum or receive …

Bettering The Best Interest Test: End-Of-Life Treatment Decisions For Young Children, Cassandra Dougherty

San Diego International Law Journal

The Comment will compare the laws governing end-of-life care for minors in the United Kingdom, Israel, Australia, and the United States; it will explore cases like Tinslee’s that have illustrated the disagreements between guardians and physicians over end-of-life treatment decisions for critically ill children, and it will focus on two prominent British cases. The Comment will examine the historical influences and motivations of the diverse legal schemes and how different legal systems address the relevant issues. It will conclude by proposing a model standard.

Parts I and II will explore the two pivotal concerns in determining who should make the …

V.21-1 2019 Masthead

San Diego International Law Journal

No abstract provided.

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 …

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 …

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 …

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. …

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 …