International Law Commons^™

Sdilj V. 27-2 Masthead

San Diego International Law Journal

No abstract provided.

Recalibrating The Veto Power In A Multipolar World: From Power To Fairness And Accountability In International Law, Dr. Ardit Memeti, Dr. Fatemah Albader

San Diego International Law Journal

This Article draws upon the principles of nemo iudex in causa sua and par in parem non habet imperium to emphasize the moral and legal contradictions inherent in the current use and structure of the Permanent 5 (P5) veto power in the United Nations Security Council (UNSC, Security Council, or Council). This Article proposes that targeted reform to suspend the veto power in very limited cases where the P5 members are direct parties to a dispute would address these moral and legal contradictions. The Russia-Ukraine conflict exemplifies how the (mis)use of the veto power by a P5 member can paralyze …

Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.

San Diego International Law Journal

Despite entering the United States legally as children through intercountry adoption, thousands of American adoptees face deportation as adults because their parents failed to finalize their citizenship. Many of these adoptees have no meaningful linguistic, cultural, or familiar ties to their birth countries, and most have lived in the United States practically their entire lives. This Article explores the legal implications regarding the deportation of intercountry adoptees. More specifically, this Article argues that the deportation of intercountry adoptees reflects a grave systemic failure that violates international human rights law, rather than a mere shortcoming of domestic immigration policy.

Consulting various …

From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng

San Diego International Law Journal

For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …

How International Copyright Approaches To Generative Ai May Influence The Development Of U.S. Copyright Laws For Ai, Tessa Chew

San Diego International Law Journal

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory …

Film, Television, And Artificial Intelligence: Ensuring The Role Of Screenwriters In Anticipation Of Generative Artificial Intelligence’S Increasing Capabilities, Rachel Johnson

San Diego International Law Journal

Artificial Intelligence (AI) currently is one of most critical topics discussed across industries. AI technology, such as Generative Artificial Intelligence (GAI), looms over people employed in creative fields who view it as a threat to their livelihoods. Legislative and judicial law must grapple with the complex legal issues GAI poses. In the entertainment realm, employees in professions such as Hollywood’s film industry have found ways to secure their present and near future against AI-encroachment.

In 2023, the Writers Guild of America (WGA), a labor union covering the screenwriters of television and film, coordinated the second longest labor strike in Hollywood’s …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Sdilj V. 27-1 Masthead

San Diego International Law Journal

No abstract provided.

Only Americans Left Behind: Iran’S Illegal Use Of Hostages As Political Pawns To Advance Their Foreign Policy, Ava Namazi

San Diego International Law Journal

The Islamic Republic of Iran has emerged as one of the most prominent contemporary practitioners of hostage diplomacy—a strategy rooted in the 1979 Hostage Crisis and sustained through recurring detentions of foreign nationals on fabricated security charges. The government uses innocent foreign nationals as political pawns to coerce Western states, including the United States, to release frozen Iranian assets held abroad. This Comment situates Iran’s use of hostage diplomacy within its post-revolutionary foreign policy, examining how the collapse of the Pahlavi dynasty contributed to this tactic. Additionally, this Comment will analyze the current international legal frameworks governing hostage diplomacy and …

An International Human Rights-Based Approach To Reducing Maternal Mortality And Enhancing Safe Motherhood In Africa, John Mukum Mbaku

San Diego International Law Journal

In 2015, the U.N. General Assembly (UNGA) noted that almost fifteen years after the global community had agreed to the Millennium Development Goals (MDGs), which provided an important framework for economic and human development, significant progress has been made in several areas. However, the UNGA explained that many developing countries have not been able to achieve the MDGs, especially those goals related to maternal and reproductive health. Although the global maternal mortality rate has declined significantly, only 50% of pregnant women in developing countries receive the recommended minimum of four antenatal care visits. Additionally, complications suffered during pregnancy and childbirth …

Seamless Security: Reforming Export Controls For A Stronger Allied Defense Industrial Base, Justin Belcher

San Diego International Law Journal

Russia’s invasion of Ukraine and China’s accelerating military modernization underscore the need for the United States and its allies to reinforce their defense industrial bases to deter and prevail in future conflicts. This paper examines the historical and strategic foundations driving the need for export control reform, identifies key U.S. export control laws governing defense coproduction and co-development, and analyzes how current regulations constrain allied industrial integration. It concludes by proposing solutions to streamline export control regulations to improve the strength and resilience of the modern defense industrial base.

Beyond The Cisg: Utilizing Unidroit Principles To Synchronize International Contract Law Beyond Sales Of Goods, Noor Albandar

San Diego International Law Journal

Modern advancements have made it easier than ever for individuals and businesses to enter into cross-border transactions. Contract law in the United States employs legal instruments such as the UCC to aid contracting parties, and international law consists of tools such as the CISG supporting cross-border contracts for the sale of goods. Such tools are important because international transactions for goods occur frequently. This Comment will examine the complexities that arise in the face of international contracts, discuss tools for uniform law that are currently utilized by various governing bodies, and propose further implementation of uniform international contract law. In …

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 …

Navigating Sovereignty And Global Economic Norms: Balancing Imf And World Bank Adjustment Policies With Developmental Realities, Michael Dudzinski

San Diego International Law Journal

The Structural Adjustment Programs (SAPs) administered by the International Monetary Fund and the World Bank aim to foster economic stability, growth, and poverty reduction in developing countries. However, the varied outcomes of these programs underscore the challenges of applying standardized economic reforms across diverse geopolitical landscapes. This analysis calls for a paradigm shift towards more tailored, context-sensitive approaches that recognize the unique circumstances of each recipient country. By prioritizing flexibility and local engagement, SAPs can better support sustainable development and economic stability, aligning international financial policies with the complex realities of global economic diversity.

Preserving Diversity In The Wake Of Students For Fair Admissions, Inc.: Historical Lessons From The United States And India, Tyler Dunne

San Diego International Law Journal

Following the ban on considering race in higher education admissions under Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, concerns have emerged over maintaining racial diversity in college classrooms. This analysis offers a comparative perspective, exploring the history and methodologies of affirmative action in the United States and India to identify effective strategies for promoting diversity in U.S. universities. Recommended approaches include top percent programs, socioeconomic-based affirmative action, test-optional or test-blind policies, race-based recruiting, removing legacy preferences, and holistic student reviews. By implementing these strategies, universities can still work toward their diversity goals despite the …

Generative Ai And Disinformation: Analyzing China’S Strategy Amidst U.S. Investment And Export Controls, Liana Edgar

San Diego International Law Journal

The rapid evolution of artificial intelligence (AI) technologies has ushered in a new era of technological, economic, and legal transformation. As economies expand and technology continues to evolve, AI has ignited a competition for technological supremacy, commonly known as the “AI Race.” China and the United States have taken center stage, amplifying their longstanding technological rivalry within the realm of AI. This analysis delves into China’s regulatory approach to generative AI, its strategic positioning in the ongoing AI race, and its influence operations, specifically the dissemination of disinformation. It also examines U.S. strategies for controlling AI technological advancement in China …

Sdilj V. 26-1 Masthead

San Diego International Law Journal

No abstract provided.

Revisiting Territorial Sovereignty: Origins, Legitimacy, And Modern Implications, Henan Hu

San Diego International Law Journal

The conventional linkage between territory and sovereignty in international law requires reevaluation, with territorial rights shifting from states to nations. Drawing on Anthony Smith’s theory of historical continuity between pre-modern ethnic communities and modern nations, this article argues that legitimate claims to territory are grounded in the historical consolidation of social, economic, and political ties by ethnic groups to specific lands. It traces the evolution of territorial rights from loosely defined ethnic living areas and fluid state boundaries to the modern conception of national territories under effective control. By distinguishing sovereignty as a construct of the state and territory as …

International Conformity To The Standard Minimum Age Of Criminal Responsibility: Comparing The Minimum Age Of Criminal Responsibility To The Minimum Legal Age Of Marriage, Malea Casillas

San Diego International Law Journal

As this data shows, countries across the globe, irrespective of culture, comply with and uphold the international MLAM. In contrast, they simultaneously fail to agree to the international MACR. The universal conformity with the international MLAM demonstrates that countries understand the negative consequences of marriage at a young age and care to protect children against child marriage. However, the even lower MACRs across the globe indicate that most of our world values prosecution over protection and likely sees offender first and child second.

This Comment will argue that MACR and MLAM should be recognized as similar legal concepts that are …

Free Speech Censorship In The Philippines: The Push To Decriminalize Libel, Carter Cordura

San Diego International Law Journal

Philippine criminal libel law is unjustly being used to suppress and censor the media and press; libel should be decriminalized and redefined to uphold the ideals of due process and freedom of expression enumerated in the Philippine Constitution.

This Comment takes a deep dive into Philippine libel law and argues for its decriminalization and redefining from an international perspective.

Saving Genus Claims For Antibody Patents: What We Can Learn From The Foreign Jurisdictions, Ningxi Sun

San Diego International Law Journal

In the United States, therapeutic antibodies play a key role in the innovations for life-saving therapies. Genus claims—broad claims that cover a group of related species – are widely used in antibody patents, allowing the patentee to obtain broad protection of their inventions. However, a recent line of Federal Circuit decisions has created a higher bar to obtaining patent protection for antibodies. Specifically, it is now nearly impossible to maintain an antibody genus claim. Noteworthy, the United States’ treatment for antibody claims is diverging from other major jurisdictions in the world.

This Article argues the Supreme Court and Congress should …

Fairness At The Forefront: Transgender Athlete Participation In The Olympics, Baylee Swidler

San Diego International Law Journal

This Article will examine how the IOC framework has developed over the years, focusing specifically on where it is now, and how it affects transgender athletes, cisgender athletes (athletes whose biological sex matches their gender identity), and future athletes. Players worldwide are affected differently by the decisions of each International Federation, depending on whether fairness or inclusion is prioritized. Sport at lower levels can be significantly influenced by the independent regulations of each sport federation, even for younger athletes. My proposal, rather than simply stating that reform is necessary after the implementation of the IOC 2021 framework, is instead, to …

Help The People Help The Governments Help The Planet: Using Markets To Meet The Goals Of The Paris Agreement, Rachel Braby

San Diego International Law Journal

The urgency of the climate challenge requires that we address it in every way we can. Yet, current domestic regulations are insufficient to rise to the occasion, and there appears to be no plan geared toward harnessing the power of collective consumer action to supplement government efforts and push industries in the private sector to engage in greener practices. A majority of developed nations have mixed market-driven economies, and in such economies, consumers have immense power to drive change. Paris Agreement nations with mixed market-driven economies should incorporate a strategic plan in their next NDCs that “represent[s] a progression” beyond …

25 (2024) Masthead

San Diego International Law Journal

No abstract provided.

Has Russia Killed Article 2(4)? Evaluating The Effectiveness Of The Prohibition Of The Use Of Force In The Conduct Of International Affairs, Dr. Graham Melling

San Diego International Law Journal

The February 24, 2022 invasion of Ukraine by Russia represents an unambiguous breach of the United Nations Charter´s prohibition of the use of force. The significance of the prohibition of the use of force between States cannot be overstated and is recognised in practice and legal doctrine as being “one of the core values of the international community”. However, argument has been made that the United Nations Charter´s rules prohibiting the use of force are no longer relevant to the conduct of international affairs, especially involving major powers. It could be argued that by their conduct States have repudiated the …