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Articles 151 - 180 of 351
Full-Text Articles in International Law
Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?, Leah Marie Shellberg
Samsāra To Nirvāna: What Would It Mean To Actually Free Tibet?, Leah Marie Shellberg
San Diego International Law Journal
For Mahayana Buddhists, samsara literally means “wandering-on,” but in theory, it refers to the cyclical nature of birth and re-birth characterized by suffering that a Buddhist must break out of in order to achieve nirvana, a state free of suffering. Since the occupation and incorporation of Tibet into the People’s Republic of China (“China”) in the late 1940s and early 1950s, the Tibetan people have experienced a far more intense form of metaphorical samsara at the hands of the Chinese administration. The term “genocide,” coined by Raphael Lemkin in the wake of the Holocaust, combines the ancient Greek word “genos” …
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
San Diego International Law Journal
In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …
Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk
San Diego International Law Journal
[T]his Article addresses the current legal framework of humanitarian intervention. Section III examines previous attempts at international military cooperation by the United Nations, NATO, EU, and bilateral arrangements, Section IV considers the scope and implementation of the Treaty between France and the UK. Finally, Section V analyzes the interplay of international law and the bilateral military treaty in recent international humanitarian interventions.
Admissible Or Inadmissible: The Role Of Formally Codified Rules Of Evidence As A Safeguard In Mexico’S Developing Adversarial System, Connie Dang
San Diego International Law Journal
[T]his Comment begins with a brief history of Mexico’s political framework, including an introduction to its civil law tradition, the positivist values present in its legal framework, and the previous criminal procedure reforms that took place before the current 2008 constitutional reforms. It is important to understand the challenges that the previous—and unsuccessful—constitutional reforms faced in order to appreciate the drastic scope of the current changes to Mexican criminal procedure. Part II will address the role of the United States in its relationship with Mexico relationship during the implementation of the 2008 constitutional reforms. As Mexico’s direct neighbor, the United …
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin
San Diego International Law Journal
These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.
The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …
Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky
Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky
San Diego International Law Journal
Today, criminals can transfer enormous sums from a bank in nation A to an account in nation B with a mouse click. Allowing rogue banking to constitute an international law violation will enable direct actions against financial institutions for international law violations and raise the profile of those institutions that engage in the practice.
This Article does not propose that isolated incidents of providing financial services should be considered a violation of international law, but rather that rogue banking should be defined in the context of serial partnering with international law violators. Part II outlines the pervasive role global financial …
Partners Or Rivals In Reconciliation? The Ictr And Rwanda’S Gacaca Courts, Leo C. Nwoye
Partners Or Rivals In Reconciliation? The Ictr And Rwanda’S Gacaca Courts, Leo C. Nwoye
San Diego International Law Journal
A major question for post-conflict governments to consider is how best to shape reconciliation efforts. This Article examines two transitional justice mechanisms that were utilized in Rwanda’s post genocide era and assesses their contributions to reconciliation. The two principal approaches which emerged in the Rwandan context were the establishment of International Criminal Tribunal for Rwanda (ICTR), via the international political community whilst grassroots efforts within Rwanda were channeled through the gacaca court system. While each of these systems, though unintended and incoherent hybrid justice strategies, possessed strengths and weaknesses, this legal pluralist structure nevertheless yielded positive reconciliation results.
The Article …
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
Mexico And The Law Of The Sea: Contributions And Compromises. Book Review, Michael Reed
San Diego International Law Journal
Much valuable scholarly material has been published on the United Nations Convention on the Law of the Sea, often referred to simply as “UNCLOS” or “The Constitution for the Oceans.” The focus of that scholarship has usually been on interpreting the Convention’s 320 separate Articles and substantive Annexes. Such sources are, of course, critical to individuals seeking to comply with the law of the sea or sovereigns charged with enforcing it.
Inequities In Corporate And Securities Law: Disabling The Exploitative Chinese Corporation And Charting A Path To International Commercial Accountability, Jonathan P. Schmidt
Inequities In Corporate And Securities Law: Disabling The Exploitative Chinese Corporation And Charting A Path To International Commercial Accountability, Jonathan P. Schmidt
San Diego International Law Journal
This article seeks to illuminate these issues and provide a roadmap for the U.S. federal and state legislatures to come together to protect the U.S. investor from the type of accounting fraud and stock misinformation that was the impetus behind enacting the Sarbanes-Oxley Act of 2002. First, this article will discuss the legal backdrop and legislative policy behind U.S. laws such as SOX and its enforcement mechanisms, and the ability for shareholders to bring securities class action derivative actions for financial fraud. This article will also discuss trade secrets laws, criminal extradition treaties, international enforcement of judgments, and elucidate the …
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
Drawing The Line Between Competing Interests: Strengthening Online Data Privacy Protection In An Increasingly Networked World, Lori Chiu
San Diego International Law Journal
This article seeks to elucidate these issues and provide a roadmap for the U.S. government to create unified federal laws to provide the private sector with specific protocols regarding use and dissemination of consumer personal information. First, this article will provide an explanation of the U.S.’s current sector-by-sector approach to regulating personally identifying information and will provide a case study of the Federal Trade Commission’s (“FTC”) enforcement action against a social networking site in 2011 as one example of the FTC’s recent efforts at regulating online privacy. Next, this article will analyze the U.S.’s current challenge of judicial enforcement of …
Foreword, Kyle M. Bird
Foreword, Kyle M. Bird
San Diego International Law Journal
The topics of the articles range from marriage equality in South America, how China-based corporations exploit U.S. investors, and how the U.S. can strengthen data privacy protection. The rise of marriage equality for same-sex couples continues to march forward in the twenty-first century. In our global economy, policing foreign corporations operating on domestic soil involves multiples hurdles that require proper navigation. In addition, with the rise of the Information Age, an increasingly cyber-connected world requires protection through vigilant legal oversight.
Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt
Improper Deportation Of Legal Permanent Residents: The U.S. Government’S Mischaracterization Of The Supreme Court’S Decision In Nijhawan V. Holder, Michael R. Devitt
San Diego International Law Journal
The purpose of this Article is to draw attention to the government’s misinterpretation of the central holding in Nijhawan v. Holder and how it has led to the improper dilution of evidentiary standards in removal proceedings when determining the $10,000 threshold loss requirement under section 101(a)(43)(M)(i) of the INA [hereinafter “M(i)”]. Section II of this article provides a brief doctrinal overview and summary of my proposed procedural methodology; sections III and IV provide essential background information regarding the Supreme Court’s important pre-Nijhawan opinions and the inconsistent methods circuit courts have applied when calculating the monetary threshold under the fraud or …
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
An Analysis Of The Legal Status Of Cia Officers Involved In Drone Strikes, Donna R. Cline
San Diego International Law Journal
This Article introduces international humanitarian law as the applicable legal standard, and develops the distinction between international and non-international armed conflict. Section II will define the key elements used to determine whether a situation of hostilities rises to the level of an armed conflict: the intensity of the conflict and the organization of the parties. Furthermore, this section will analyze the idea of internationalized armed conflict and examine the standard for determining when an attack by an armed group may be attributed to a State. Section III of this article describes the different categories of actors found in situations of …
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
A High Seas Requirement For Inciters And Intentional Facilitators Of Piracy Jure Gentium And Its (Lack Of) Implications For Impunity, Jonathan Bellish
San Diego International Law Journal
Around 2005, maritime piracy made a troubling resurgence three quarters of a century after a consensus had been reached that the age of piracy had permanently ended. Yet piracy returned in a slightly different form, with pirates relying more on land-based facilitators than their historical counterparts. Maritime piracy’s reappearance made ripe for consideration the question of whether a facilitator of maritime piracy must be physically present on the high seas while facilitating in order to be subject to universal jurisdiction. This Article undertakes an analysis of the text, statutory context, history, and policy impetus behind UNCLOS art. 101 as it …
Breaking Legal Ground: A Bivens Action For Noncitizens For Trans-Border Constitutional Torts Against Border Patrol Agents, Julie Hunter
Breaking Legal Ground: A Bivens Action For Noncitizens For Trans-Border Constitutional Torts Against Border Patrol Agents, Julie Hunter
San Diego International Law Journal
This Comment assesses whether noncitizens can sue in U.S. courts when they have sustained an injury outside of U.S. territory. This Comment assumes the underlying merits of the Hernandez’s claim that Agent Mesa used excessive force when shooting at Sergio. It will not address whether Agent Mesa acted in self-defense. Part II will discuss the context of the Hernandez litigation and its claims against the U.S. Government, its agencies, and employees for the use of excessive force against a noncitizen. It will also discuss the legal requirements for bringing an excessive force claim under Bivens v. Six Unknown Named Agents …
Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley
Naked Dishonesty: Misuse Of A Social Security Number For An Otherwise Legal Purpose May Not Be A Crime Involving Moral Turpitude After All, Nathanael C. Crowley
San Diego International Law Journal
This Comment questions whether the misuse of a Social Security number for an otherwise legal purpose is a crime involving moral turpitude. It begins with a history of moral turpitude and its initial connection to immigration law in the United States. Through a close analysis of misuse of a Social Security number for an otherwise legal purpose as a crime involving moral turpitude in modern cases, this Comment will examine the role of fraud and dishonesty in the question. The analysis reveals a critical distinction between crimes involving dishonesty and crimes involving fraud. This distinction shows that crimes involving naked …
Foreword, Kyle M. Bird
Foreword, Kyle M. Bird
San Diego International Law Journal
This Fourteenth Volume of the San Diego International Law Journal is composed of articles that demonstrate the importance of historical and contemporary expositions of international law. The topics range from international criminal law, territorial agreements between the United States and Mexico, international banking standards, and the legal consequences of the Defense of Marriage Act for bi- national same-sex couples in the United States and Canada. 2012 saw the further change of the world through elections, wars, and economic problems. The articles presented in this First Issue address these economic, political, and social changes of our time.
The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas
The 2012 U.S.-Mexico Agreement On Transboundary Hydrocarbon Reservoirs In The Gulf Of Mexico: A Blueprint For Progress Or A Recipe For Conflict?, Jorge A. Vargas
San Diego International Law Journal
This Article is divided into four parts. Parts I and II describe each of the four previous U.S.-Mexico maritime delimitation treaties of 1970, 1976, 1978, and 2000. These treaties represent different degrees of progress in the process of completing the maritime boundaries that geographical contiguity imposes upon these contiguous countries. This was a slow and careful process that spanned almost half a century. Part III analyzes the 2012 U.S.-Mexico Agreement on Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico from an international law perspective, with special reference to the interests of the United States and Mexico. Finally, Part IV advances …
The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold
The Judicialization Of International Atrocity Crimes: The Kharkov Trial Of 1943, Michael J. Bazyler, Kellyanne Rose Gold
San Diego International Law Journal
This Article analyzes the Kharkov trial, the first trial of Nazi war criminals undertaken by any Allied Power, as well as the first trial of the Holocaust. It is written on the occasion of the 70th anniversary of the Kharkov trial. Part II, as background, describes the Holocaust as experienced in Kharkov, Ukraine. Part III discusses the trial that took place in Kharkov: the defendants, the prosecution, the setting, and the testimony. Part IV looks at the Kharkov trial as a typical Stalinist “show trial,” where guilt has been predetermined and a trial is used merely as a show to …
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
Cyberterrorism In The Context Of Contemporary International Law, Yaroslav Shiryaev
San Diego International Law Journal
The present Article addressed the legal issues surrounding cyberterrorism. In the first chapter, the author explains why cyberterrorism should be described as “the use of electronic networks taking the form of a cyber-attack to commit a) a substantive act criminalized by the existing legal instruments prohibiting terrorism, or b) an act of terrorism under international customary law.” Further, with a special emphasis on existing anti-terrorism conventions and customary international law, it was demonstrated which actors are likely to engage in acts of cyberterrorism (non-state actors, corporations and individuals), as well as which targets are protected by law and which aims …
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier
San Diego International Law Journal
Most countries require banks to hold extra capital to protect against unforeseen financial calamities; banks with riskier loans must hold more capital than those with safer loans. Basel II, a set of international banking standards, allows banks to measure a loan’s risk in different ways: some banks make their own judgments; others use outside agencies. The recent mortgage crisis prompted banks to reevaluate these methods, in part due to banks having failed to perceive the high level of risk inherent in securitized mortgages. The international community’s response was Basel III, an updated version of its previous standards. This Comment will …
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
San Diego International Law Journal
This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …
Cyberbullying: What's The "Status" In England?, Krupa A. Patel
Cyberbullying: What's The "Status" In England?, Krupa A. Patel
San Diego International Law Journal
This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith
Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith
San Diego International Law Journal
This comment will compare and contrast the laws governing sex offenders in the United States and European Union and address the current obstacles in establishing a comprehensive international law about sex offenders. Finally, this comment will propose a global sex offender registry to allay the problem of sex offenders in the international community.
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
San Diego International Law Journal
This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …
Foreword, Nicole J. Smith
Foreword, Nicole J. Smith
San Diego International Law Journal
This issue of the San Diego International Law Journal is composed of articles that exemplify the value in utilizing an international comparative approach to analyze and compare differing historical experiences. Taking a comprehensive review of the successes and failures of legal structures abroad provides an opportunity to harness and develop new possible solutions to today’s legal problems. By analyzing and understanding differing international prospective on legal issues, we gain a fuller understanding of ourselves, and of our common humanity, so that we may better face the future.
Foreword, Nicole J. Smith
Foreword, Nicole J. Smith
San Diego International Law Journal
The thirteenth volume of the San Diego International Law Journal is composed of articles illustrating the value in looking abroad at the diverse historical experiences of foreign nations to help shed light on solutions to contemporary legal issues. The articles tackle general legal topics such as property rights, patent regulation, and internet censorship, while utilizing an international lens to provide perspective and possible solutions. This issue aims to foster a comparative understanding of national legal structures and demonstrate the benefit in researching, understanding, and applying international and comparative law to modern legal problems.